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AN ACT
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relating to the enforcement by campus police departments and |
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certain local governmental entities of state and federal laws |
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governing immigration and to related duties and liability of |
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certain persons in the criminal justice system; providing a civil |
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penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. POLICIES OF AND GRANT PROGRAMS FOR LOCAL ENTITIES AND |
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CAMPUS POLICE DEPARTMENTS |
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SECTION 1.01. Chapter 752, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS BY |
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LOCAL ENTITIES AND CAMPUS POLICE DEPARTMENTS |
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Sec. 752.051. DEFINITIONS. In this subchapter: |
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(1) "Campus police department" means a law enforcement |
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agency of an institution of higher education. |
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(2) "Immigration laws" means the laws of this state or |
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federal law relating to aliens, immigrants, or immigration, |
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including the federal Immigration and Nationality Act (8 U.S.C. |
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Section 1101 et seq.). |
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(3) "Institution of higher education" means: |
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(A) an institution of higher education as defined |
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by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education as defined by Section 61.003, Education Code. |
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(4) "Lawful detention" means the detention of an |
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individual by a local entity, state criminal justice agency, or |
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campus police department for the investigation of a criminal |
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offense. The term excludes a detention if the sole reason for the |
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detention is that the individual: |
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(A) is a victim of or witness to a criminal |
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offense; or |
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(B) is reporting a criminal offense. |
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(5) "Local entity" means: |
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(A) the governing body of a municipality, county, |
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or special district or authority, subject to Section 752.052; |
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(B) an officer or employee of or a division, |
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department, or other body that is part of a municipality, county, or |
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special district or authority, including a sheriff, municipal |
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police department, municipal attorney, or county attorney; and |
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(C) a district attorney or criminal district |
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attorney. |
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(6) "Policy" includes a formal, written rule, order, |
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ordinance, or policy and an informal, unwritten policy. |
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Sec. 752.052. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter does not apply to a hospital or hospital district |
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created under Subtitle C or D, Title 4, Health and Safety Code, a |
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federally qualified health center as defined in Section 31.017, |
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Health and Safety Code, a hospital owned or operated by an |
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institution of higher education, or a hospital district created |
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under a general or special law authorized by Article IX, Texas |
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Constitution, to the extent that the hospital or hospital district |
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is providing access to or delivering medical or health care |
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services as required under the following applicable federal or |
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state laws: |
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(1) 42 U.S.C. Section 1395dd; |
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(2) 42 U.S.C. Section 1396b(v); |
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(3) Subchapter C, Chapter 61, Health and Safety Code; |
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(4) Chapter 81, Health and Safety Code; and |
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(5) Section 311.022, Health and Safety Code. |
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(b) Subsection (a) excludes the application of this |
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subchapter to a commissioned peace officer: |
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(1) employed by a hospital or hospital district during |
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the officer's employment; or |
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(2) commissioned by a hospital or hospital district. |
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(c) This subchapter does not apply to a commissioned peace |
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officer employed or contracted by a religious organization during |
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the officer's employment with the organization or while the officer |
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is performing the contract. |
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(d) This subchapter does not apply to a school district or |
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open-enrollment charter school, including a peace officer employed |
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or contracted by a district or charter school during the officer's |
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employment with the district or charter school or while the officer |
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is performing the contract. This subchapter does not apply to the |
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release of information contained in educational records of an |
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educational agency or institution, except in conformity with the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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(e) This subchapter does not apply to the public health |
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department of a local entity. |
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(f) This subchapter does not apply to: |
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(1) a community center as defined by Section 571.003, |
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Health and Safety Code; or |
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(2) a local mental health authority as defined by |
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Section 531.002, Health and Safety Code. |
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Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION |
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ENFORCEMENT. (a) A local entity or campus police department may |
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not: |
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(1) adopt, enforce, or endorse a policy under which |
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the entity or department prohibits or materially limits the |
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enforcement of immigration laws; |
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(2) as demonstrated by pattern or practice, prohibit |
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or materially limit the enforcement of immigration laws; or |
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(3) for an entity that is a law enforcement agency or |
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for a department, as demonstrated by pattern or practice, |
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intentionally violate Article 2.251, Code of Criminal Procedure. |
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(b) In compliance with Subsection (a), a local entity or |
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campus police department may not prohibit or materially limit a |
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person who is a commissioned peace officer described by Article |
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2.12, Code of Criminal Procedure, a corrections officer, a booking |
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clerk, a magistrate, or a district attorney, criminal district |
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attorney, or other prosecuting attorney and who is employed by or |
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otherwise under the direction or control of the entity or |
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department from doing any of the following: |
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(1) inquiring into the immigration status of a person |
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under a lawful detention or under arrest; |
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(2) with respect to information relating to the |
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immigration status, lawful or unlawful, of any person under a |
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lawful detention or under arrest, including information regarding |
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the person's place of birth: |
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(A) sending the information to or requesting or |
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receiving the information from United States Citizenship and |
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Immigration Services, United States Immigration and Customs |
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Enforcement, or another relevant federal agency; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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local entity or campus police department or a federal or state |
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governmental entity; |
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(3) assisting or cooperating with a federal |
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immigration officer as reasonable or necessary, including |
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providing enforcement assistance; or |
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(4) permitting a federal immigration officer to enter |
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and conduct enforcement activities at a jail to enforce federal |
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immigration laws. |
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(c) Notwithstanding Subsection (b)(3), a local entity or |
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campus police department may prohibit persons who are employed by |
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or otherwise under the direction or control of the entity or |
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department from assisting or cooperating with a federal immigration |
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officer if the assistance or cooperation occurs at a place of |
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worship. |
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Sec. 752.054. DISCRIMINATION PROHIBITED. A local entity, |
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campus police department, or a person employed by or otherwise |
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under the direction or control of the entity or department may not |
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consider race, color, religion, language, or national origin while |
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enforcing immigration laws except to the extent permitted by the |
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United States Constitution or Texas Constitution. |
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Sec. 752.055. COMPLAINT; EQUITABLE RELIEF. (a) Any |
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citizen residing in the jurisdiction of a local entity or any |
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citizen enrolled at or employed by an institution of higher |
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education may file a complaint with the attorney general if the |
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person asserts facts supporting an allegation that the entity or |
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the institution's campus police department has violated Section |
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752.053. The citizen must include a sworn statement with the |
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complaint stating that to the best of the citizen's knowledge, all |
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of the facts asserted in the complaint are true and correct. |
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(b) If the attorney general determines that a complaint |
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filed under Subsection (a) against a local entity or campus police |
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department is valid, the attorney general may file a petition for a |
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writ of mandamus or apply for other appropriate equitable relief in |
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a district court in Travis County or in a county in which the |
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principal office of the entity or department is located to compel |
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the entity or department that is suspected of violating Section |
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752.053 to comply with that section. |
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(c) An appeal of a suit brought under Subsection (b) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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Sec. 752.056. CIVIL PENALTY. (a) A local entity or campus |
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police department that is found by a court of law as having |
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intentionally violated Section 752.053 is subject to a civil |
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penalty in an amount: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $25,000 and not more than $25,500 for |
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each subsequent violation. |
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(b) Each day of a continuing violation of Section 752.053 |
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constitutes a separate violation for the civil penalty under this |
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section. |
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(c) The court that hears an action brought under Section |
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752.055 against the local entity or campus police department shall |
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determine the amount of the civil penalty under this section. |
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(d) A civil penalty collected under this section shall be |
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deposited to the credit of the compensation to victims of crime fund |
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established under Subchapter B, Chapter 56, Code of Criminal |
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Procedure. |
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(e) Sovereign immunity of this state and governmental |
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immunity of a county and municipality to suit is waived and |
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abolished to the extent of liability created by this section. |
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Sec. 752.0565. REMOVAL FROM OFFICE. (a) For purposes of |
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Section 66.001, Civil Practice and Remedies Code, a person holding |
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an elective or appointive office of a political subdivision of this |
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state does an act that causes the forfeiture of the person's office |
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if the person violates Section 752.053. |
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(b) The attorney general shall file a petition under Section |
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66.002, Civil Practice and Remedies Code, against a public officer |
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to which Subsection (a) applies if presented with evidence, |
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including evidence of a statement by the public officer, |
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establishing probable grounds that the public officer engaged in |
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conduct described by Subsection (a). The court in which the |
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petition is filed shall give precedence to proceedings relating to |
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the petition in the same manner as provided for an election contest |
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under Section 23.101. |
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(c) If the person against whom an information is filed based |
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on conduct described by Subsection (a) is found guilty as charged, |
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the court shall enter judgment removing the person from office. |
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Sec. 752.057. COMMUNITY OUTREACH POLICY. (a) Each law |
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enforcement agency that is subject to the requirements of this |
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subchapter may adopt a written policy requiring the agency to |
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perform community outreach activities to educate the public that a |
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peace officer may not inquire into the immigration status of a |
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victim of or witness to an alleged criminal offense unless, as |
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provided by Article 2.13, Code of Criminal Procedure, the officer |
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determines that the inquiry is necessary to: |
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(1) investigate the offense; or |
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(2) provide the victim or witness with information |
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about federal visas designed to protect individuals providing |
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assistance to law enforcement. |
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(b) A policy adopted under this section must include |
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outreach to victims of: |
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(1) family violence, as that term is defined by |
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Section 71.004, Family Code, including those receiving services at |
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family violence centers under Chapter 51, Human Resources Code; and |
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(2) sexual assault, including those receiving |
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services under a sexual assault program, as those terms are defined |
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by Section 420.003. |
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SECTION 1.02. Subchapter A, Chapter 772, Government Code, |
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is amended by adding Section 772.0073 to read as follows: |
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Sec. 772.0073. ENFORCEMENT OF IMMIGRATION LAW GRANT |
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PROGRAM. (a) In this section: |
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(1) "Criminal justice division" means the criminal |
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justice division established under Section 772.006. |
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(2) "Immigration detainer request" means a federal |
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government request to a local entity to maintain temporary custody |
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of an alien, including a United States Department of Homeland |
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Security Form I-247 document or a similar or successor form. |
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(3) "Immigration laws" means the laws of this state or |
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federal law relating to aliens, immigrants, or immigration, |
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including the federal Immigration and Nationality Act (8 U.S.C. |
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Section 1101 et seq.). |
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(4) "Local entity" means a municipality or county. |
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(b) The criminal justice division shall establish and |
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administer a competitive grant program to provide financial |
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assistance to local entities to offset costs related to: |
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(1) enforcing immigration laws; or |
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(2) complying with, honoring, or fulfilling |
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immigration detainer requests. |
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(c) The criminal justice division shall establish: |
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(1) eligibility criteria for grant applicants; |
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(2) grant application procedures; |
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(3) criteria for evaluating grant applications and |
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awarding grants; |
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(4) guidelines related to grant amounts; and |
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(5) procedures for monitoring the use of a grant |
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awarded under this section and ensuring compliance with any |
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conditions of the grant. |
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(d) The criminal justice division may use any revenue |
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available for purposes of this section. |
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ARTICLE 2. DUTIES OF LAW ENFORCEMENT AGENCIES AND JUDGES |
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SECTION 2.01. 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. DUTIES RELATED TO IMMIGRATION DETAINER |
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REQUESTS. (a) A law enforcement agency that has custody of a |
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person subject to an immigration detainer request issued by United |
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States Immigration and Customs Enforcement shall: |
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(1) comply with, honor, and fulfill any request made |
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in the detainer request provided by the federal government; and |
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(2) inform the person that the person is being held |
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pursuant to an immigration detainer request issued by United States |
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Immigration and Customs Enforcement. |
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(b) A law enforcement agency is not required to perform a |
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duty imposed by Subsection (a) with respect to a person who has |
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provided proof that the person is a citizen of the United States or |
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that the person has lawful immigration status in the United States, |
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such as a Texas driver's license or similar government-issued |
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identification. |
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SECTION 2.02. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.039 to read as follows: |
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Art. 42.039. COMPLETION OF SENTENCE IN FEDERAL CUSTODY. |
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(a) This article applies only to a criminal case in which: |
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(1) the judgment requires the defendant to be confined |
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in a secure correctional facility; and |
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(2) the defendant is subject to an immigration |
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detainer request. |
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(b) In a criminal case described by Subsection (a), the |
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judge shall, at the time of pronouncement of a sentence of |
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confinement, issue an order requiring the secure correctional |
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facility in which the defendant is to be confined and all |
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appropriate government officers, including a sheriff, a warden, or |
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members of the Board of Pardons and Paroles, as appropriate, to |
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require the defendant to serve in federal custody the final portion |
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of the defendant's sentence, not to exceed a period of seven days, |
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following the facility's or officer's determination that the change |
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in the place of confinement will facilitate the seamless transfer |
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of the defendant into federal custody. In the absence of an order |
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issued under this subsection, a facility or officer acting under |
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exigent circumstances may perform the transfer after making the |
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determination described by this subsection. This subsection |
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applies only if appropriate officers of the federal government |
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consent to the transfer of the defendant into federal custody under |
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the circumstances described by this subsection. |
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(c) If the applicable information described by Subsection |
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(a)(2) is not available at the time sentence is pronounced in the |
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case, the judge shall issue the order described by Subsection (b) as |
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soon as the information becomes available. The judge retains |
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jurisdiction for the purpose of issuing an order under this |
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article. |
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(d) For purposes of this article, "secure correctional |
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facility" has the meaning assigned by Section 1.07, Penal Code. |
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ARTICLE 3. DEFENSE OF LOCAL ENTITIES BY ATTORNEY GENERAL |
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SECTION 3.01. Subchapter B, Chapter 402, Government Code, |
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is amended by adding Section 402.0241 to read as follows: |
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Sec. 402.0241. DEFENSE OF LOCAL ENTITIES IN SUITS RELATED |
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TO IMMIGRATION DETAINER REQUESTS. (a) In this section, "local |
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entity" has the meaning assigned by Section 752.051. |
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(b) The attorney general shall defend a local entity in any |
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action in any court if: |
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(1) the executive head or governing body, as |
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applicable, of the local entity requests the attorney general's |
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assistance in the defense; and |
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(2) the attorney general determines that the cause of |
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action arises out of a claim involving the local entity's |
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good-faith compliance with an immigration detainer request |
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required by Article 2.251, Code of Criminal Procedure. |
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(c) If the attorney general defends a local entity under |
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Subsection (b), the state is liable for the expenses, costs, |
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judgment, or settlement of the claims arising out of the |
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representation. The attorney general may settle or compromise any |
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and all claims described by Subsection (b)(2). The state may not be |
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liable for any expenses, costs, judgments, or settlements of any |
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claims against a local entity not being represented by the attorney |
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general under Subsection (b). |
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ARTICLE 4. SURETY BOND |
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SECTION 4.01. Article 17.16, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A surety may before forfeiture relieve the surety of the |
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surety's undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff of the county in which |
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the prosecution is pending and to the office of the prosecuting |
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attorney an affidavit stating that the accused is incarcerated in: |
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(A) federal custody, subject to Subsection |
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(a-1); |
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(B) [in] the custody of any state;[,] or |
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(C) [in] any county of this state. |
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(a-1) For purposes of Subsection (a)(2), the surety may not |
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be relieved of the surety's undertaking if the accused is in federal |
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custody to determine whether the accused is lawfully present in the |
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United States. |
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ARTICLE 5. PROHIBITED CONDUCT BY SHERIFF OR CONSTABLE |
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SECTION 5.01. Section 87.031, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) For purposes of Subsection (a), "a misdemeanor |
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involving official misconduct" includes a misdemeanor under |
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Section 39.07, Penal Code. |
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SECTION 5.02. Chapter 39, Penal Code, is amended by adding |
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Section 39.07 to read as follows: |
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Sec. 39.07. FAILURE TO COMPLY WITH IMMIGRATION DETAINER |
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REQUEST. (a) A person who is a sheriff, chief of police, or |
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constable or a person who otherwise has primary authority for |
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administering a jail commits an offense if the person: |
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(1) has custody of a person subject to an immigration |
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detainer request issued by United States Immigration and Customs |
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Enforcement; and |
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(2) knowingly fails to comply with the detainer |
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request. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) It is an exception to the application of this section |
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that the person who was subject to an immigration detainer request |
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described by Subsection (a)(1) had provided proof that the person |
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is a citizen of the United States or that the person has lawful |
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immigration status in the United States, such as a Texas driver's |
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license or similar government-issued identification. |
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ARTICLE 6. INQUIRY BY PEACE OFFICER REGARDING IMMIGRATION OR |
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NATIONALITY OF CRIME VICTIM OR WITNESS |
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SECTION 6.01. Article 2.13, Code of Criminal Procedure, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Subject to Subsection (e), in the course of |
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investigating an alleged criminal offense, a peace officer may |
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inquire as to the nationality or immigration status of a victim of |
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or witness to the offense only if the officer determines that the |
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inquiry is necessary to: |
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(1) investigate the offense; or |
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(2) provide the victim or witness with information |
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about federal visas designed to protect individuals providing |
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assistance to law enforcement. |
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(e) Subsection (d) does not prevent a peace officer from: |
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(1) conducting a separate investigation of any other |
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alleged criminal offense; or |
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(2) inquiring as to the nationality or immigration |
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status of a victim of or witness to a criminal offense if the |
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officer has probable cause to believe that the victim or witness has |
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engaged in specific conduct constituting a separate criminal |
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offense. |
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ARTICLE 7. SEVERABILITY AND EFFECTIVE DATE |
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SECTION 7.01. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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each person or entity, are severable from each other. If any |
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application of any provision in this Act to any person, group of |
|
persons, or circumstances is found by a court to be invalid for any |
|
reason, the remaining applications of that provision to all other |
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persons and circumstances shall be severed and may not be affected. |
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SECTION 7.02. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 4 passed the Senate on |
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February 8, 2017, by the following vote: Yeas 20, Nays 10; and that |
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the Senate concurred in House amendments on May 3, 2017, by the |
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following vote: Yeas 20, Nays 11. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 4 passed the House, with |
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amendments, on April 27, 2017, by the following vote: Yeas 94, |
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Nays 53, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |