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2004 SESSION

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SB 493 Illegal aliens and unidentified people; procedure for detention and arrest.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Arrest and detention; illegal aliens. Provides that all law-enforcement officers have the authority to enforce immigration laws and that a law-enforcement officer may, in the course of acting upon reasonable suspicion that an individual has committed or is committing a crime, arrest the individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement that the individual is an illegal alien, and has previously been convicted of a felony in the United States and deported or left the United States after such conviction. A magistrate may issue a warrant and the person may be detained for not more than 72 hours or until taken into federal custody, whichever occurs first. The bill creates a presumption that an individual shall not be admitted to bail if he is detained pursuant to this provision. This bill is identical to HB 570.

SUMMARY AS PASSED SENATE:

Arrest and detention; illegal aliens. Provides that a law-enforcement officer may, in the course of acting upon reasonable suspicion that an individual has committed or is committing a crime, detain the individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement that the individual is an illegal alien, and has previously been convicted of a felony in the United States and deported or left the United States after such conviction. Unless a warrant is obtained, the person may be detained only until taken into federal custody. A magistrate may issue a warrant and the person may be detained for not more than 72 hours or until taken into federal custody, whichever occurs first. The bill creates a presumption that an individual shall not be admitted to bail if he is detained pursuant to this provision.

SUMMARY AS INTRODUCED:

Arrest and detention. Allows a law-enforcement officer acting upon reasonable suspicion that a criminal offense has occurred, is occurring or will occur to detain without a warrant until the individual can be taken into federal custody, an individual who is an illegal alien and who is subject to deportation. The bill provides that if a law-enforcement officer is unable to verify the identity of a person he shall follow the procedure for arrest without a warrant and have the person brought before a magistrate or other issuing authority for a probable cause hearing. If a warrant is not issued after the probable cause hearing the individual may be detained until law enforcement receives notification of his identity or until he is taken into federal custody. The bill creates a presumption that an individual shall not be admitted to bail if he is an illegal alien.