85R602 ADM-D
 
  By: Kacal H.B. No. 921
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of a law enforcement agency regarding the
  immigration status of an arrested person and the enforcement of an
  immigration detainer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Articles 2.251 and 2.252 to read as follows:
         Art. 2.251.  DUTIES RELATED TO ARRESTED PERSON.  (a)  Not
  later than 48 hours after a person is arrested and before the person
  is released on bond, a law enforcement agency performing the
  booking process shall:
               (1)  review any information available under the federal
  Priority Enforcement Program operated by United States Immigration
  and Customs Enforcement or a successor program; or
               (2)  request information regarding the person's
  immigration status from:
                     (A)  a peace officer or other law enforcement
  officer of this state who is authorized under federal law to verify
  a person's immigration status; or
                     (B)  a federal immigration officer, in accordance
  with 8 U.S.C. Section 1373(c).
         (b)  A law enforcement agency is not required to perform the
  duties imposed by Subsection (a) with respect to a person who is
  transferred to the custody of the agency by another law enforcement
  agency if the transferring agency performed those duties before
  transferring custody of the person.
         Art. 2.252.  DUTIES RELATED TO IMMIGRATION DETAINER. A law
  enforcement agency that has custody of a person subject to an
  immigration detainer issued by United States Immigration and
  Customs Enforcement shall:
               (1)  provide to the judge or magistrate authorized to
  grant or deny the person's release on bail under Chapter 17 notice
  that the person is subject to an immigration detainer; and
               (2)  detain the person as required by the immigration
  detainer.
         SECTION 2.  This Act takes effect September 1, 2017.