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Texas Code of Criminal Procedure

§ 2A.059 — NATIONALITY OR IMMIGRATION STATUS INQUIRY

CR § 2A.059Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 2A. OFFICERS; POWERS AND DUTIES · Art. B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW ENFORCEMENT AGENCIES

Statute text

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(a)Subject to Subsection (b), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to:
(1)investigate the offense; or
(2)provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.
(b)Subsection (a) does not prevent a peace officer from:
(1)conducting a separate investigation of any other alleged criminal offense; or
(2)inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense.

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Source: Texas Code of Criminal Procedure § 2A.059 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.