Bill Text: TX SB126 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the duty of a peace officer to inquire into the lawful presence of certain persons.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to Transportation & Homeland Sec. [SB126 Detail]
Download: Texas-2011-SB126-Introduced.html
| 82R2208 KEL-D | ||
| By: Patrick | S.B. No. 126 | |
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| relating to the duty of a peace officer to inquire into the lawful | ||
| presence of certain persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.251 to read as follows: | ||
| Art. 2.251. LAWFUL PRESENCE INQUIRY BY PEACE OFFICER. (a) | ||
| A peace officer shall inquire into the lawful presence of any person | ||
| who is lawfully stopped, detained, or arrested on other grounds if | ||
| the officer has a reasonable suspicion to believe the person has | ||
| violated a criminal provision of the federal immigration laws. | ||
| (b) If a peace officer has probable cause to believe the | ||
| person has committed a violation described by Subsection (a), the | ||
| officer: | ||
| (1) may arrest the person for the violation; and | ||
| (2) shall identify and report the person to United | ||
| States Immigration and Customs Enforcement after any arrest made by | ||
| the officer under Subdivision (1) or on other grounds. | ||
| (c) A local ordinance, regulation, or policy that | ||
| interferes with the ability of a peace officer to carry out a duty | ||
| conferred by this article is void. | ||
| (d) A law enforcement agency, political subdivision, or | ||
| other governmental entity and a peace officer or other employee of | ||
| that agency, subdivision, or entity are immune from suit and | ||
| liability for any cause of action, claim, or damages arising from | ||
| the performance of an action authorized or a duty mandated under | ||
| this article or from a failure to perform a duty mandated under this | ||
| article. This subsection does not limit the liability of the | ||
| agency, subdivision, entity, or officer or other employee for any | ||
| intentional misconduct, recklessness, or gross negligence | ||
| committed in performing an action authorized or a duty mandated | ||
| under this article or in failing to perform a duty mandated under | ||
| this article. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
