SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SESSION

080501806
HOUSE BILL NO. 764
Offered January 9, 2008
Prefiled January 8, 2008
A BILL to amend and reenact § 53.1-218 of the Code of Virginia, relating to citizenship of persons in correctional facilities; inquiry to U.S. Bureau of Immigration and Customs Enforcement.
----------

Patrons-- Rust, Albo, Athey, Bell, Cole, Cosgrove, Crockett-Stark, Gilbert, Hugo, Lingamfelter, Massie, Merricks, Miller, J.H., Poindexter, Purkey and Sherwood
----------
Referred to Committee on Rules
----------

Be it enacted by the General Assembly of Virginia:

1.  That § 53.1-218 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-218. Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien.

Whenever any person is committed to a correctional facility, it shall be the duty of the director, sheriff or other officer in charge of such facility to inquire as to whether the person is a citizen of the United States, and if he is not, such director, sheriff or other officer shall inquire as to the person's alien status.

If it appears at any time during a person's commitment that the person is an alien, the director, sheriff or other officer in charge of the facility shall inquire through the Law Enforcement Support Center of the U.S. Bureau of Immigration and Customs Enforcement into the person's alien status and immediately notify the Central Criminal Records Exchange as well as the U.S. Bureau of Immigration and Customs Enforcement whenever such alien is found to be within the custody of the facility. However, notification need not be made if it is apparent that a report on alien status has previously been made to the Exchange pursuant to § 19.2-294.2.