bill making officers notify federal immigration authorities

The text as introduced · 617 words

89R12670 JRR-F

By: Spiller
H.B. No. 3856

A BILL TO BE ENTITLED

AN ACT

relating to immigration documentation or other information to

verify citizenship or immigration status and to notification to the

federal government of an arrested or detained person who is

unlawfully present in the United States; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.0595 to read as follows:

Art. 2A.0595. NOTIFICATION TO FEDERAL GOVERNMENT OF

ARRESTED OR DETAINED PERSON WHO IS UNLAWFULLY PRESENT IN UNITED

STATES. (a) A peace officer who arrests or detains a person and

determines that the person is unlawfully present in the United

States shall notify the United States Immigration and Customs

Enforcement or another applicable federal agency as soon as

practicable but not later than 12 hours after making the

determination.

(b) Notwithstanding any other law, a peace officer who is

required to notify the United States Immigration and Customs

Enforcement or another applicable federal agency under Subsection

(a) may, for purposes of this article, detain the person who is the

subject of the notification beyond the point at which the person

would otherwise be released.

SECTION 2. Chapter 752, Government Code, is amended by

adding Subchapter D to read as follows:

SUBCHAPTER D. IMMIGRATION DOCUMENTATION OR OTHER INFORMATION TO

VERIFY CITIZENSHIP OR IMMIGRATION STATUS

Sec. 752.081. DUTY TO CARRY IMMIGRATION DOCUMENTATION. A

person who is not a citizen or national of the United States shall

carry federal documentation verifying the person's lawful presence

in the United States if the person is otherwise required to carry or

possess that documentation under federal law.

Sec. 752.082. OFFENSE. (a) A person commits an offense if:

(1) the person is required under Section 752.081 to

carry federal documentation verifying the person's lawful presence

in the United States;

(2) the person is lawfully arrested or detained by a

peace officer; and

(3) the person:

(A) intentionally refuses to provide truthful

information verbally to a peace officer regarding the person's

citizenship or immigration status in response to the officer's

request for that information;

(B) fails to provide federal documentation

described by Subdivision (1) on a peace officer's request for that

documentation; or

(C) provides false or fictitious information

regarding the person's citizenship or immigration status in

response to a peace officer's request for that information.

(b) An offense under this section is a Class C misdemeanor,

except that the offense is a Class B misdemeanor if:

(1) the offense involves conduct described by

Subsection (a)(3)(A) or (B) and it is shown on the trial of the

offense that the actor has been previously convicted of an offense

under this section; or

(2) the offense involves conduct described by

Subsection (a)(3)(C).

Sec. 752.083. LIMITATION ON PEACE OFFICER'S REQUEST FOR

IMMIGRATION DOCUMENT OR INFORMATION REGARDING CITIZENSHIP OR

IMMIGRATION STATUS. A peace officer may request a person to provide

federal documentation verifying the person's lawful presence in the

United States or to provide other information regarding the

person's citizenship or immigration status only if the officer:

(1) has a reasonable suspicion that the person is

unlawfully present in the United States; or

(2) is required or authorized under other law to

verify or inquire as to the person's citizenship or immigration

status.

SECTION 3. If any provision of this Act or its application

to any person or circumstance is held invalid, the invalidity does

not affect other provisions or applications of this Act that can be

given effect without the invalid provision or application, and to

this end the provisions of this Act are declared severable.

SECTION 4. This Act takes effect September 1, 2025.