HB3856 - Relating to immigration documentation or other information to verify citizenship or immigration status and to notification to the federal government of an arrested or detained person who is unlawfully present in the United States; creating a criminal offense.

  89R12670 JRR-F     By: Spiller H.B. No. 3856       A BILL TO BE ENTITLED   AN ACT   relating to immigration documentation or other information to   verify citizenship or immigration status and to notification to the   federal government of an arrested or detained person who is   unlawfully present in the United States; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 2A, Code of Criminal   Procedure, is amended by adding Article 2A.0595 to read as follows:           Art.   2A.0595.     NOTIFICATION TO FEDERAL GOVERNMENT OF   ARRESTED OR DETAINED PERSON WHO IS UNLAWFULLY PRESENT IN UNITED   STATES. (a) A peace officer who arrests or detains a person and   determines that the person is unlawfully present in the United   States shall notify the United States Immigration and Customs   Enforcement or another applicable federal agency as soon as   practicable but not later than 12 hours after making the   determination.           (b)     Notwithstanding any other law, a peace officer who is   required to notify the United States Immigration and Customs   Enforcement or another applicable federal agency under Subsection   (a) may, for purposes of this article, detain the person who is the   subject of the notification beyond the point at which the person   would otherwise be released.          SECTION 2.  Chapter 752, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. IMMIGRATION DOCUMENTATION OR OTHER INFORMATION TO   VERIFY CITIZENSHIP OR IMMIGRATION STATUS           Sec.   752.081.     DUTY TO CARRY IMMIGRATION DOCUMENTATION. A   person who is not a citizen or national of the United States shall   carry federal documentation verifying the person's lawful presence   in the United States if the person is otherwise required to carry or   possess that documentation under federal law.           Sec. 752.082.  OFFENSE. (a) A person commits an offense if:                 (1)     the person is required under Section 752.081 to   carry federal documentation verifying the person's lawful presence   in the United States;                   (2)     the person is lawfully arrested or detained by a   peace officer; and                 (3)  the person:                       (A)     intentionally refuses to provide truthful   information verbally to a peace officer regarding the person's   citizenship or immigration status in response to the officer's   request for that information;                       (B)     fails to provide federal documentation   described by Subdivision (1) on a peace officer's request for that   documentation; or                       (C)     provides false or fictitious information   regarding the person's citizenship or immigration status in   response to a peace officer's request for that information.           (b)     An offense under this section is a Class C misdemeanor,   except that the offense is a Class B misdemeanor if:                 (1)     the offense involves conduct described by   Subsection (a)(3)(A) or (B) and it is shown on the trial of the   offense that the actor has been previously convicted of an offense   under this section; or                 (2)     the offense involves conduct described by   Subsection (a)(3)(C).           Sec.   752.083.     LIMITATION ON PEACE OFFICER'S REQUEST FOR   IMMIGRATION DOCUMENT OR INFORMATION REGARDING CITIZENSHIP OR   IMMIGRATION STATUS. A peace officer may request a person to provide   federal documentation verifying the person's lawful presence in the   United States or to provide other information regarding the   person's citizenship or immigration status only if the officer:                 (1)     has a reasonable suspicion that the person is   unlawfully present in the United States; or                 (2)     is required or authorized under other law to   verify or inquire as to the person's citizenship or immigration   status.          SECTION 3.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect other provisions or applications of this Act that can be   given effect without the invalid provision or application, and to   this end the provisions of this Act are declared severable.          SECTION 4.  This Act takes effect September 1, 2025.