SB 4, Sen 2nd Rdg, Amnd #F1

Amend CSSB 4 (senate committee printing) as follows:

(1) In SECTION 1 of the bill, in the heading for added Section 101.0216, Civil Practice and Remedies Code (page 1, line 29), strike "COUNTY OR MUNICIPALITY" and substitute "STATE, COUNTY, OR MUNICIPALITY".

(2) In SECTION 1 of the bill, in added Section 101.0216(a), Civil Practice and Remedies Code (page 1, line 30), strike "A" and substitute "Except as provided by Subsection (d), a".

(3) In SECTION 1 of the bill, in added Section 101.0216(a), Civil Practice and Remedies Code (page 1, lines 30 and 36), strike "county" and substitute "state criminal justice agency, county,".

(4) In SECTION 1 of the bill, in added Section 101.0216(a)(1), Civil Practice and Remedies Code (page 1, line 36), strike the underlined colon.

(5) In SECTION 1 of the bill, in added Section 101.0216(a)(1)(A), Civil Practice and Remedies Code (page 1, line 37), strike "(A)".

(6) In SECTION 1 of the bill, strike added Section 101.0216(a)(1)(B), Civil Practice and Remedies Code (page 1, lines 38-40).

(7) In SECTION 1 of the bill, strike added Section 101.0216(a)(2), Civil Practice and Remedies Code (page 1, lines 41-43), and substitute the following:

(2) the person was not a citizen of the United States at the time of release.

(8) In SECTION 1 of the bill, between added Sections 101.0216(a) and (b), Civil Practice and Remedies Code (page 1, between lines 43 and 44), insert the following:

(a-1) An immigration detainer request described by Subsection (a) is presumed to be valid, regardless of whether the detainer is written or verbal.

(9) In SECTION 1 of the bill, in added Section 101.0216(b), Civil Practice and Remedies Code (page 1, line 46), strike "county" and substitute "state criminal justice agency, county,".

(10) In SECTION 1 of the bill, in added Section 101.0216(c), Civil Practice and Remedies Code (page 1, line 47), strike "Governmental" and substitute "Sovereign immunity of the state and governmental".

(11) In SECTION 1 of the bill, immediately after added Section 101.0216(c), Civil Practice and Remedies Code (page 1, between lines 49 and 50), insert the following:

(d) A state criminal justice agency, county, or municipality is not liable under Subsection (a) for damages incurred after United States Immigration and Customs Enforcement subsequently detains the person described by that subsection.

(e) In this section, "state criminal justice agency" has the meaning assigned by Section 752.051, Government Code.

(12) In SECTION 2 of the bill, in added Article 2.252, Code of Criminal Procedure (page 2, between lines 15 and 16), insert the following:

(c) Notwithstanding Subsection (b), a law enforcement agency is not required to perform a duty imposed by Subsection (a) with respect to a person who has provided proof that the person is a citizen of the United States.

(13) In SECTION 4 of the bill, in added Section 22A.001(a)(2), Government Code (page 2, line 64), between "entity" and "or", insert ", state criminal justice agency,".

(14) In SECTION 5 of the bill, in the heading to added Subchapter C, Chapter 752, Government Code (page 3, line 2), between "ENTITIES" and "AND", insert ", STATE CRIMINAL JUSTICE AGENCIES,".

(15) In SECTION 5 of the bill, in added Section 752.051, Government Code (page 3, line 3), strike "chapter" and substitute "subchapter".

(16) In SECTION 5 of the bill, in added Subchapter C, Chapter 752, Government Code, between "entity" and "or campus police department", insert ", state criminal justice agency," each time "entity or campus police department" appears as follows:

(A) In Section 752.051(2) (page 3, line 7);

(B) In Section 752.051(5) (page 3, line 22);

(D) In Section 752.053(b) (page 3, line 69 through page 4, line 1 and page 4, line 20);

(E) In Section 752.055(a) (page 4, line 37);

(F) In Section 752.055(b) (page 4, line 40);

(G) In Section 752.055(c) (page 4, lines 46-47);

(H) In Section 752.055(d) (page 4, lines 62-63);

(I) In Section 752.055(e) (page 5, line 9);

(J) In Section 752.056(b) (page 5, line 28);

(K) In Section 752.057(a) (page 5, line 49);

(L) In Section 752.057(b) (page 5, line 56);

(M) In Section 752.057(c) (page 5, line 61);

(N) In Section 752.057(d) (page 5, line 66); and

(O) In Section 752.057(e) (page 6, line 2).

(17) In SECTION 5 of the bill, immediately after added Section 752.051(7), Government Code (page 3, between lines 38 and 39), insert the following:

(8) "State criminal justice agency" means a state agency that is engaged in the administration of criminal justice under a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice.

(18) In SECTION 5 of the bill, in the heading to added Section 752.052, Government Code (page 3, line 39), strike "CHAPTER" and substitute "SUBCHAPTER".

(19) In SECTION 5 of the bill, in added Section 752.052(a), Government Code (page 3, lines 39 and 41), strike "chapter" and substitute "subchapter" in each place it appears.

(20) In SECTION 5 of the bill, in added Section 752.052(b), Government Code (page 3, line 45), strike "chapter" and substitute "subchapter".

(21) In SECTION 5 of the bill, in added Section 752.052(c), Government Code (page 3, line 59), strike "chapter" and substitute "subchapter".

(22) In SECTION 5 of the bill, immediately after added Section 752.052(c), Government Code (page 3, between lines 61 and 62), insert the following:

(d) This subchapter does not apply to a commissioned peace officer employed or contracted by a religious organization during the officer's employment with the organization or while the officer is performing the contract.

(23) In SECTION 5 of the bill, in the heading to added Section 752.053, Government Code (page 3, line 62), strike "POLICY" and substitute "POLICIES AND ACTIONS".

(24) In SECTION 5 of the bill, in added Subchapter C, Chapter 752, Government Code, between "entity" and "or department", insert ", agency," each time "entity or department" appears as follows:

(A) In Section 752.053(a) (page 3, line 65);

(B) In Section 752.053(b) (page 4, line 6);

(D) In Section 752.055(c) (page 4, lines 49, 54, and 58);

(E) In Section 752.055(d) (page 4, lines 64 and 69 and page 5, line 2);

(F) In Section 752.055(e) (page 5, line 12);

(G) In Section 752.056(a) (page 5, line 25);

(H) In Section 752.056(b) (page 5, line 31);

(I) In Section 752.057(a) (page 5, line 50);

(J) In Section 752.057(b) (page 5, line 59); and

(K) In Section 752.057(d) (page 5, lines 67-68).

(25) In SECTION 5 of the bill, in added Section 752.053(a)(1), Government Code (page 3, line 66), strike "or".

(26) In SECTION 5 of the bill, in added Section 752.053(a)(2), Government Code (page 3, line 68), strike the underlined period and substitute "; or".

(27) In SECTION 5 of the bill, between added Sections 752.053(a) and (b), Government Code (page 3, between lines 68 and 69), insert the following:

(3) for an entity that is a law enforcement agency, for an agency, or for a department, by consistent actions intentionally violate Article 2.252, Code of Criminal Procedure.

(28) In SECTION 5 of the bill, in added Section 752.054, Government Code (page 4, line 28), between the underlined comma and "a", insert "a state criminal justice agency,".

(29) In SECTION 5 of the bill, in added Section 752.055(d)(1), Government Code (page 4, line 66), between "entity's" and "or", insert ", agency's,".

(30) In SECTION 5 of the bill, in added Section 752.056(a), Government Code (page 5, line 24), between the underlined comma and "or", insert "a state criminal justice agency,".

(31) In SECTION 5 of the bill, in added Section 752.056(d), Government Code (page 5, line 39), between "entities" and "and", insert ", state criminal justice agencies,".

(32) In SECTION 5 of the bill, in added Section 752.056(e), Government Code (page 5, line 42), between "entity" and "and", insert ", state criminal justice agency,".

(33) In SECTION 5 of the bill, in added Section 752.057(a), Government Code (page 5, line 54), between "entity's" and "or", insert ", agency's,".

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