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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of a peace officer to inquire into the lawful |
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presence of certain persons. |
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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 2.251 to read as follows: |
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Art. 2.251. LAWFUL PRESENCE INQUIRY BY PEACE OFFICER. (a) |
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A peace officer shall inquire into the lawful presence of any person |
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who is lawfully stopped, detained, or arrested on other grounds if |
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the officer has a reasonable suspicion to believe the person has |
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violated a criminal provision of the federal immigration laws. |
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(b) If a peace officer has probable cause to believe the |
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person has committed a violation described by Subsection (a), the |
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officer: |
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(1) may arrest the person for the violation; and |
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(2) shall identify and report the person to United |
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States Immigration and Customs Enforcement after any arrest made by |
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the officer under Subdivision (1) or on other grounds. |
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(c) A local ordinance, regulation, or policy that |
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interferes with the ability of a peace officer to carry out a duty |
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conferred by this article is void. |
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(d) A law enforcement agency, political subdivision, or |
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other governmental entity and a peace officer or other employee of |
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that agency, subdivision, or entity are immune from suit and |
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liability for any cause of action, claim, or damages arising from |
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the performance of an action authorized or a duty mandated under |
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this article or from a failure to perform a duty mandated under this |
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article. This subsection does not limit the liability of the |
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agency, subdivision, entity, or officer or other employee for any |
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intentional misconduct, recklessness, or gross negligence |
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committed in performing an action authorized or a duty mandated |
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under this article or in failing to perform a duty mandated under |
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this article. |
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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. |