HB103: Correctional facility; verification of citizenship and alien status of person committed.

HOUSE BILL NO. 103
Offered January 9, 2008
Prefiled December 17, 2007
A BILL to amend and reenact § 53.1-218 of the Code of Virginia, relating to reports on alien status of offenders.
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Patrons-- Albo and Rust
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Committee Referral Pending
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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 arrested and confined in, or otherwise committed to, a correctional facility, it shall be the duty of the director, sheriff or other officer in charge of such facility to shall 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 of the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security as to the person's alien status.

If it appears that the person is an alien, the director, sheriff or other officer in charge of the facility shall immediately notify the Central Criminal Records Exchange. 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.