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Tex. Code of Criminal Procedure § 2A.059

This is the official text of Tex. Code of Criminal Procedure § 2A.059, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

§ 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY.

Official statutory text

(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.

Status: in_force · Read it on the official government site

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