| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the detention by local law enforcement agencies of |
|
|
certain persons subject to federal immigration detainers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.253 to read as follows: |
|
|
Art. 2.253. DETENTION OF CERTAIN PERSONS SUBJECT TO |
|
|
IMMIGRATION DETAINER. (a) A local law enforcement agency that has |
|
|
custody of a person who is subject to an immigration detainer issued |
|
|
by United States Immigration and Customs Enforcement and who is |
|
|
charged with a criminal offense may not detain the person under the |
|
|
authority of the immigration detainer after the date on which the |
|
|
person posts bail or discharges the person's sentence, unless the |
|
|
person is charged with or has been convicted of an offense listed in |
|
|
Section 3g(a)(1), Article 42.12, in which event the local law |
|
|
enforcement agency shall detain the person in accordance with the |
|
|
immigration detainer. |
|
|
(b) A local law enforcement agency that has custody of a |
|
|
person who is subject to an immigration detainer issued by United |
|
|
States Immigration and Customs Enforcement and who is not charged |
|
|
with any criminal offense may not detain the person under the |
|
|
authority of the immigration detainer, regardless of whether the |
|
|
person is a victim of, or a witness to the commission of, an offense |
|
|
listed in Section 3g(a)(1), Article 42.12, the investigation and |
|
|
prosecution of which is not complete at the time of the person's |
|
|
detention. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |