House File 553 - Introduced HOUSE FILE BY BAUDLER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the arrest of an identified unauthorized 2 alien. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2457HH 83 5 jm/rj/8 PAG LIN 1 1 Section 1. Section 811.1, Code 2009, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. A defendant who is an identified 1 4 unauthorized alien and is not lawfully present in the United 1 5 States. 1 6 Sec. 2. NEW SECTION. 811.1B UNAUTHORIZED ALIEN == 1 7 NOTIFICATION. 1 8 The law enforcement agency responsible for the arrest of a 1 9 defendant who has been denied bail pursuant to section 811.1, 1 10 subsection 4, shall notify the United States immigration and 1 11 customs enforcement of the identification of the defendant as 1 12 an unauthorized alien not lawfully present in the United 1 13 States. 1 14 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 15 3, shall not apply to this Act. 1 16 EXPLANATION 1 17 This bill relates to the arrest of an identified 1 18 unauthorized alien. 1 19 The bill denies bail to an identified unauthorized alien 1 20 arrested for a criminal offense. 1 21 The bill requires the law enforcement agency responsible 1 22 for the arrest of an unauthorized alien to notify the United 1 23 States immigration and customs enforcement about the defendant 1 24 who has been denied bail. 1 25 The bill may include a state mandate as defined in Code 1 26 section 25B.3. The bill makes inapplicable Code section 1 27 25B.2, subsection 3, which would relieve a political 1 28 subdivision from complying with a state mandate if funding for 1 29 the cost of the state mandate is not provided or specified. 1 30 Therefore, political subdivisions are required to comply with 1 31 any state mandate included in the bill. 1 32 LSB 2457HH 83 1 33 jm/rj/8