Posted on 03/23/2008 2:32:17 PM PDT by Tennessee Nana
NASHVILLE — A Tennessee attorney general’s opinion should provide a legal boost to proposed legislation cracking down on illegal immigrants arrested for felonies and repeat DUI offenses, a Chattanooga lawmaker said.
“I’m going to run the bill now,” Rep. Richard Floyd, R-Chattanooga, said. “I think it’ll provide me with a lot of help.”
The bill requires jail officials at city- or county-operated facilities to make a “reasonable effort” to determine a detainee’s legal status through such actions as examining the suspect’s personal documents.
When Rep. Floyd presented the bill earlier this month in the House Criminal Practice and Procedure Subcommittee of the House Judiciary Committee, he said questions arose about whether the bill would be constitutional.
Attorney General Robert Cooper reviewed the legislation. “It is the opinion of this Office that the proposed legislation contained in House Bill 2860 is constitutional,” he wrote in a March 14 opinion.
The bill still could face problems. Officials with the Tennessee County Commissioners Association fret the proposed legislation imposes more unfunded mandates on local governments.
“We’re already having difficulty making ends meet on a lot of our costs,” said David Connor, executive director of the commissioners group.
Hamilton County Sheriff’s Department Chief Deputy Allen Branum said he is unfamiliar with Rep. Floyd’s bill but cautioned the proposed legislation could create problems if the county has to hire new employees for processing prisoners at a jail already struggling with overcrowding.
“It’s kind of like a juggling act,” the chief said. “We got so many things in the air right now, just one of these days one of them’s going to have to hit the floor.”
Rep. Janis Sontany, D-Nashville, chairwoman of the House Criminal Practice and Procedure Subcommittee, sought the attorney general’s opinion.
She said the attorney general’s opinion does not mean the bill will pass automatically, and she noted concerns about unfunded mandates.
A legislative analysis of the bill’s potential impact on local governments estimates costs would exceed $100,000. However, the analysis notes “no reliable data are available on the number of illegal aliens in Tennessee.”
One estimate by the Pew Hispanic Center states there were 100,000 to 150,000 illegal immigrants in Tennessee in 2005. Analysts said a “significant but unquantifiable number of these persons will be jailed.”
Rep. Floyd called the legislation a “good idea,” noting that undocumented immigrants already have broken the law to enter the United States.
“This will help keep the criminals who are also illegal aliens off of our streets,” he said.
The proposed legislation states that if “reasonable efforts” to determine a detainee’s legal status are unsuccessful, verification of legal status “shall be made” within 48 hours “through a query” to appropriate federal agencies.
When determining bail, officials should presume defendants are at risk of flight if they are illegally in the United States, the proposed legislation states.
Chief Branum noted determining legal status is not always easy.
“For us to be able to enforce something like that, it just about has to (have) some type of a funding mechanism or a clearing house or something that’s kind of tied in to something we already do like NCIC.”
The National Crime Information Center is a computer database that allows law enforcement officials to check criminal histories of suspects and detainees.
Obtaining a timely response from the federal Immigration and Customs Enforcement agency is not guaranteed, Chief Branum said.
The bill is scheduled to be back in the subcommittee on April 2. Sen. Bo Watson, R-Hixson, who introduced the Senate version at the behest of Rep. Floyd, has not started moving the bill yet.
Hey, he gets it...
PING
Passing legislation like this will seal the TN border as well as fence would.
Bill Summary for *HB2860 / SB3213
Under this bill, when a person charged with a felony or with driving under the influence is confined, for any period, in the jail of the county or any municipality, a reasonable effort would have to be made to determine the citizenship status of the person so confined. Such effort may include reviewing documents in the possession of the prisoner.
If the keeper of the jail or other office cannot determine the lawful status from the documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the law enforcement support center of the United States department of homeland security or other office or agency designated for that purpose by the United States department of homeland security. If it is determined that the person is not lawfully present in the United States, the keeper of the jail or other officer must notify the United States department of homeland security.
After an inquiry into the citizenship status of the prisoner pursuant to this bill, if it is determined that the person has not been lawfully admitted to the United States, then when determining bail there would be a presumption that the person is at risk of flight.
Sponsers of the Bill...
*HB2860 by *Floyd, *Brooks H, *Maggart, *Brooks K, *Ford, *Hawk, *Johnson P, *Coley, *Watson, *Casada, *Campfield, *Baird, *Harrison, *Eldridge, *Harwell, *Hensley, *Hill, *Lynn, *Sargent, *McManus, *Cobb J, *Todd. (SB3213 by *Watson.)
Bail, Bail Bonds - Creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. - Amends TCA Title 40.
We hope so...
Jimmy Naifeh, house Speaker and liberal Democrat is holding up a great bennies Bill in committee...
Anyone 18 and up applying for medical and bennies must prove that they are an American citizen...
Yes, there’s lots of work to be done...
I say throw lottery money at it since those going to school on that program have a 50% fail rate by sophomore year.
The Convenience store I.D. check has done wonders.
Nice going.
Rep. Floyd called the legislation a “good idea,” noting that undocumented immigrants already have broken the law to enter the United States.
~~~
Roger Dat!...;0)
:)
Check supporters?
I've lived in California too long.
I thought the headline meant that the state Attorney General was going to sue, or something, to get those "economic stimulus" checks for "undocumented immigrants" and he, the ILLEGAL aliens and their supporters were pleased.
A Tennessee attorney general’s opinion should provide a legal boost to proposed legislation cracking down on illegal immigrants . . . .
States' attorneys general can do that? :)
A Tennessee attorney general’s opinion should provide a legal boost to proposed legislation cracking down on illegal immigrants . . . .
States’ attorneys general can do that? :)
_________________________________
I hope so....
>>Tennessee attorney general’s OK pleases immigrant check supporters<<
The title is not the clearest writing I have seen.
Could mean that those wanting to pay govt. checks to “immigrants” are pleased.
>>Hamilton County Sheriff’s Department Chief Deputy Allen Branum said he is unfamiliar with Rep. Floyd’s bill but cautioned the proposed legislation could create problems if the county has to hire new employees for processing prisoners at a jail already struggling with overcrowding.<<
Nothing compared to the cost if this problem is not controlled.
The title is not the clearest writing I have seen.
______________________________________________
That’s the original from the newspaper...
sorry...
:(
Not your fault. Anyway, good news!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.