Magistrates; ascertaining citizenship of arrested persons. (SB1328)

Introduced By

Sen. Mark Herring (D-Leesburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Magistrates ascertaining citizenship of arrested persons.  Requires a magistrate or other issuing authority having jurisdiction who issues a warrant following a warrantless arrest to inquire as to whether the arrested person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The magistrate or other issuing authority having jurisdiction shall make an immigration alien query to the Law Enforcement Support Center of U.S. Immigration and Customs Enforcement for any arrested person who responds that he (a) was born in a country other than the United States and (b) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown. The magistrate or other issuing authority having jurisdiction shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person's immigration status shall be recorded in the arrested person's criminal history record. Under current law, sheriffs and jail officers have the above duties when a person is taken into custody at their jails. Read the Bill »

Status

02/07/2011: Failed to Pass in Committee

History

DateAction
01/12/2011Prefiled and ordered printed; offered 01/12/11 11102395D
01/12/2011Referred to Committee for Courts of Justice
01/18/2011Assigned Courts sub: Criminal
02/03/2011Impact statement from DPB (SB1328)
02/07/2011Passed by indefinitely in Courts of Justice (10-Y 3-N) (see vote tally)

Comments

VACOLAO, tracking this bill in Photosynthesis, notes:

This bill would require magistrates to check the status of persons taken into custody for criminal violations of state law or local ordinances before deciding whether to release the person on personal recognizance. Persons not released already have their status checked on admission to jail under a law passed in 2008.