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