HB2566 - Relating to the enforcement of state and federal immigration laws by state agencies, local entities, and peace officers; creating a civil penalty.

  89R6341 JCG-F     By: Spiller H.B. No. 2566       A BILL TO BE ENTITLED   AN ACT   relating to the enforcement of state and federal immigration laws   by state agencies, local entities, and peace officers; creating a   civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Criminal Alien   Track and Report Act.          SECTION 2.  Article 2A.059, Code of Criminal Procedure, is   amended to read as follows:          Art. 2A.059.  NATIONALITY OR IMMIGRATION STATUS INQUIRY.   (a) Subject to Subsection (b), in the course of investigating an   alleged criminal offense, a peace officer may inquire as to the   nationality or immigration status of a victim of or witness to the   offense [ only ] if the officer determines that the inquiry is   necessary to:                (1)  investigate the offense; or                (2)  provide the victim or witness with information   about federal visas designed to protect individuals providing   assistance to law enforcement.          (b)  Subsection (a) does not prevent a peace officer from:                (1)  conducting a separate investigation of any other   alleged criminal offense; or                (2)  inquiring as to the nationality or immigration   status of a victim of or witness to a criminal offense if the   officer has reasonable suspicion [ probable cause to believe ] that   the victim or witness has engaged in specific conduct constituting   a separate criminal offense.          SECTION 3.  Subchapter B, Chapter 2A, Code of Criminal   Procedure, is amended by adding Articles 2A.0595 and 2A.0596 to   read as follows:           Art.   2A.0595.     DUTY TO INVESTIGATE IMMIGRATION STATUS ON   PERSON'S FAILURE TO PROVIDE CERTAIN IDENTIFICATION DOCUMENTS. (a)   A peace officer who has detained a person on reasonable suspicion   that the person has committed an offense may request that the person   provide a document to verify the identity of the person and the   person's immigration status.           (b)     The person may satisfy a request under Subsection (a) by   providing:                 (1)     a driver's license or personal identification   certificate issued under Chapter 521, Transportation Code;                 (2)     a commercial driver's license issued under Chapter   522, Transportation Code;                 (3)     a driver's license or commercial driver's license   issued by another state that to be issued required proof of lawful   presence in the United States;                 (4)  an unexpired United States passport book or card;                 (5)     an unexpired document issued by the United States   Department of Homeland Security or United States Citizenship and   Immigration Services with verifiable data and a photograph   sufficiently clear to enable identification of the person;                 (6)     an unexpired foreign passport with an attached   visa issued by the United States; or                 (7)     any other documentation or combination of   documentation that is sufficient to allow the peace officer to   verify the person's identity and immigration status.           (c)     If a person fails to provide documentation listed in   Subsection (b) after a peace officer's request under Subsection   (a), not later than 48 hours after the person's failure to provide   required documentation, the officer shall make reasonable efforts   to verify the person's immigration status, including by contacting   the Law Enforcement Support Center of the United States Department   of Homeland Security or a successor agency.           (d)     This article does not apply to a peace officer enforcing   federal immigration laws as authorized by an agreement with United   States Immigration and Customs Enforcement under Section 287(g),   Immigration and Nationality Act (8 U.S.C. Section 1357(g)) or any   other federal law authorizing an officer of a state or a political   subdivision of a state to enforce federal immigration law.           (e)     A peace officer may not consider a person's race, color,   religion, language, or national origin while exercising the powers   or performing the duties of this article except to the extent   permitted by the United States Constitution and the Texas   Constitution.           Art.   2A.0596.     DUTY TO INVESTIGATE IMMIGRATION STATUS ON   ARREST. As soon as practicable after a peace officer arrests a   person, the officer shall:                 (1)     review the person's criminal history record   information available through the National Crime Information   Center and the Texas Crime Information Center;                 (2)     ensure that the person's fingerprints are   obtained; and                 (3)     investigate the person's immigration status in the   manner required by Article 2A.0595 unless the officer has   previously confirmed the person's immigration status in accordance   with that article.          SECTION 4.  Subchapter B, Chapter 2A, Code of Criminal   Procedure, is amended by adding Article 2A.0605 to read as follows:           Art.   2A.0605.     INVESTIGATION OF IMMIGRATION STATUS OF PERSON   CONFINED IN JAIL. (a) Except as provided by Subsection (b), a   municipal or county jail that takes custody of a person arrested for   an offense shall make reasonable efforts to investigate the   person's immigration status as soon as practicable after taking   custody of the person if the arresting peace officer:                 (1)     could not determine the person's immigration   status after conducting the investigation required by Article   2A.0596; or                 (2)     did not provide the results of an investigation   conducted under Article 2A.0596 to the jail.           (b)     If the municipal or county jail receives custody of a   person described by Subsection (a) transferred from another jail,   and the transferring jail has completed or already begun   investigating the person's immigration status, the receiving jail   is not required to investigate the person's immigration status   under this article.           (c)     If a municipal or county jail takes custody of a person   described by Subsection (a) and subsequently transfers the person   to another jail, the transferring jail shall:                 (1)     continue any investigation into the person's   immigration status that was begun before the transfer; and                 (2)     on completion of the investigation described by   Subdivision (1), notify the receiving jail of the results of the   investigation.          SECTION 5.  Chapter 493, Government Code, is amended by   adding Section 493.0153 to read as follows:           Sec.   493.0153.     REPORT ON INMATES AND STATE JAIL FELONY   DEFENDANTS SUBJECT TO IMMIGRATION DETAINER REQUEST BY IMMIGRATION   AND CUSTOMS ENFORCEMENT. (a) For each 90-day period, the   department shall:                 (1)     identify each inmate and state jail felony   defendant who is:                       (A)     confined in a facility operated by or for the   department during the 90-day period; and                       (B)     subject to an immigration detainer request   issued by United States Immigration and Customs Enforcement;                 (2)     compile a report regarding the immigration status   of the inmates and defendants identified under Subdivision (1), the   offenses for which the inmates and defendants are serving a   sentence, and the home country of each of those inmates and   defendants; and                 (3)     publish on the department's publicly accessible   Internet website the report compiled under Subdivision (2) as soon   as practicable after the expiration of the 90-day period covered by   the report.           (b)     The report required under Subsection (a)(2) must   include the total numbers for each data category, and if an inmate   or state jail felony defendant is a citizen of both the United   States and one or more other countries, data for those inmates and   defendants must be reported separately.          SECTION 6.  Section 511.0101, Government Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  Each county shall submit to the commission on or before   the fifth day of each month a report containing the following   information:                (1)  the number of prisoners confined in the county   jail on the first day of the month, classified on the basis of the   following categories:                      (A)  total prisoners;                      (B)  pretrial Class C misdemeanor offenders;                      (C)  pretrial Class A and B misdemeanor offenders;                      (D)  convicted misdemeanor offenders;                      (E)  felony offenders whose penalty has been   reduced to a misdemeanor;                      (F)  pretrial felony offenders;                      (G)  convicted felony offenders;                      (H)  prisoners detained on bench warrants;                      (I)  prisoners detained for parole violations;                      (J)  prisoners detained for federal officers;                      (K)  prisoners awaiting transfer to the   institutional division of the Texas Department of Criminal Justice   following conviction of a felony or revocation of probation,   parole, or release on mandatory supervision and for whom paperwork   and processing required for transfer have been completed;                      (L)  prisoners detained after having been   transferred from another jail and for whom the commission has made a   payment under Subchapter F, Chapter 499, Government Code;                      (M)  prisoners for whom an immigration detainer   has been issued by United States Immigration and Customs   Enforcement , and of those prisoners:    &#xA0 [Text truncated for display. 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