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A BILL TO BE ENTITLED
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AN ACT
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relating to the release or discharge by a law enforcement agency of |
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certain illegal immigrants at the office of a United States senator |
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or United States representative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 16, Code of Criminal Procedure, is |
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amended by adding Article 16.23 to read as follows: |
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Art. 16.23. RELEASE OR DISCHARGE OF CERTAIN ILLEGAL |
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IMMIGRANTS. (a) In this article, "illegal immigrant" means a |
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person who: |
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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) This article applies only to an illegal immigrant who: |
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(1) is entitled to be released on bail or discharged |
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following the completion of the immigrant's sentence; and |
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(2) is not subject to an immigration detainer issued |
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by United States Immigration and Customs Enforcement prohibiting |
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the person's release or discharge. |
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(c) A law enforcement agency that has custody of an illegal |
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immigrant to whom this article applies may: |
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(1) release or discharge the illegal immigrant at the |
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office of a United States senator or United States representative |
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during that office's normal business hours; and |
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(2) request an agent or employee of the United States |
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senator or United States representative to sign a document |
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acknowledging the release or discharge of the illegal immigrant at |
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the senator's or representative's office. |
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(d) Subsection (c) does not apply to an illegal immigrant |
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for whom release or discharge at a location described by Subsection |
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(c) is prohibited by a court order or other law. |
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(e) A law enforcement agency may maintain a record of each |
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illegal immigrant released or discharged from the custody of the |
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agency who is not transferred to the custody of United States |
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Immigration and Customs Enforcement. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |