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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses and criminal procedures involving |
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persons who are not citizens of the United States; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.252 to read as follows: |
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Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF CERTAIN |
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ARRESTED PERSONS. As soon as practicable after a person is arrested |
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for a felony or for an offense under Section 49.04, Penal Code, and |
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before the person is released on bond, the law enforcement agency |
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that arrested the person or that has custody of the person shall |
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make a reasonable effort to: |
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(1) have the person's immigration status verified by: |
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(A) a peace officer or other law enforcement |
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officer of this state who is authorized under federal law to verify |
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a person's immigration status; or |
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(B) a federal law enforcement officer, in |
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accordance with 8 U.S.C. Section 1373(c); and |
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(2) if United States Immigration and Customs |
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Enforcement does not have the results of the immigration status |
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verification under Subdivision (1), notify United States |
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Immigration and Customs Enforcement of the results of the |
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immigration status verification if the verification reveals that |
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the person: |
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(A) is not a citizen or national of the United |
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States; and |
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(B) is unlawfully present in the United States |
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according to the terms of the Immigration Reform and Control Act of |
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1986 (8 U.S.C. Section 1101 et seq.). |
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SECTION 2. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) A peace officer may arrest, without warrant, a person |
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who the peace officer has probable cause to believe is not a citizen |
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or national of the United States and is unlawfully present in the |
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United States according to the terms of the Immigration Reform and |
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Control Act of 1986 (8 U.S.C. Section 1101 et seq.). The law |
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enforcement agency having jurisdiction over the arrest promptly |
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shall notify United States Immigration and Customs Enforcement of |
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any warrantless arrest made by an officer under this subsection |
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and, for purposes of delivering the person into federal custody, |
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may detain the person for a period not to exceed 48 hours. The |
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limitation on the detention period provided by this subsection does |
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not apply if, before the expiration of the period, the person is |
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placed under arrest for the commission of another offense. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.154 to read as follows: |
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Art. 17.154. BAIL FOR CERTAIN PERSONS UNLAWFULLY PRESENT IN |
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UNITED STATES. (a) At any proceeding before a judge or magistrate |
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concerning a defendant's release on bail, a presumption exists that |
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a defendant taken into custody for a felony or for an offense under |
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Section 49.04, Penal Code, is at risk of flight if the judge or |
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magistrate determines that the defendant: |
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(1) is not a citizen or national of the United States; |
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and |
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(2) is unlawfully present in the United States |
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according to the terms of the Immigration Reform and Control Act of |
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1986 (8 U.S.C. Section 1101 et seq.). |
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(b) A defendant may present evidence to the judge or |
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magistrate to rebut the presumption established under Subsection |
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(a). |
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(c) Section 2.05, Penal Code, does not apply to a |
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presumption established under Subsection (a). |
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SECTION 4. Subchapter A, Chapter 13, Election Code, is |
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amended by adding Section 13.008 to read as follows: |
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Sec. 13.008. UNLAWFUL APPLICATION BY PERSON WHO IS NOT |
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UNITED STATES CITIZEN. (a) A person commits an offense if the |
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person is not a citizen of the United States and the person: |
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(1) submits an application for registration as a voter |
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in this state; or |
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(2) requests, commands, or attempts to induce another |
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to submit on the person's behalf a registration application. |
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(b) An offense under this section is a felony of the second |
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degree. |
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SECTION 5. Section 13.122(a), Election Code, is amended to |
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read as follows: |
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(a) In addition to the other statements and spaces for |
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entering information that appear on an officially prescribed |
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registration application form, each official form must include: |
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(1) the statement: "I understand that giving false |
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information to procure a voter registration is perjury and a crime |
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under state and federal law and that submitting a voter |
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registration or voting as a noncitizen is also a crime under state |
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law."; |
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(2) a space for the applicant's registration number; |
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(3) a space for the applicant's Texas driver's license |
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number or number of a personal identification card issued by the |
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Department of Public Safety; |
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(4) a space for the applicant's telephone number; |
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(5) a space for the applicant's social security |
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number; |
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(6) a space for the applicant's sex; |
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(7) a statement indicating that the furnishing of the |
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applicant's telephone number and sex is optional; |
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(8) a space or box for indicating whether the |
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applicant or voter is submitting new registration information or a |
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change in current registration information; |
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(9) a statement instructing a voter who is using the |
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form to make a change in current registration information to enter |
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the voter's name and the changed information in the appropriate |
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spaces on the form; |
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(10) a statement that if the applicant declines to |
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register to vote, that fact will remain confidential and will be |
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used only for voter registration purposes; |
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(11) a statement that if the applicant does register |
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to vote, information regarding the agency or office to which the |
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application is submitted will remain confidential and will be used |
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only for voter registration purposes; |
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(12) a space or box for indicating whether the |
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applicant is interested in working as an election judge; |
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(13) a statement warning that a conviction of an |
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offense under this code [for making a false statement] may result in |
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imprisonment for up to the maximum amount of time provided by law, a |
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fine of up to the maximum amount provided by law, or both the |
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imprisonment and the fine; and |
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(14) any other voter registration information |
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required by federal law or considered appropriate and required by |
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the secretary of state. |
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SECTION 6. Subchapter A, Chapter 64, Election Code, is |
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amended by adding Section 64.013 to read as follows: |
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Sec. 64.013. UNLAWFUL VOTING BY PERSON WHO IS NOT UNITED |
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STATES CITIZEN. (a) A person commits an offense if the person is |
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not a citizen of the United States and the person votes in an |
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election in this state. |
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(b) An offense under this section is a felony of the second |
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degree. |
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SECTION 7. The change in law made by this Act in adding |
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Article 17.154, Code of Criminal Procedure, applies only to a |
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proceeding regarding bail that is conducted on or after the |
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effective date of this Act, regardless of when the defendant |
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committed the underlying offense for which the defendant became |
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subject to the proceeding. A proceeding regarding bail conducted |
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before the effective date of this Act is governed by the law in |
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effect at the time of the proceeding, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |