S.Amdt. 79

SA 79. Mr. KELLY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:

On page 3, line 8, strike the end quote and final period
and insert the following:
``(4) Cooperation on judicial proceedings; request for
release.--
``(A) Cooperation.--The Secretary of Homeland Security
shall establish rules for cooperating with requests from a
Federal, State, Tribal or local official and for complying
with court orders to ensure that any alien in the custody of
the Department of Homeland Security who is required to appear
in a court for another matter in which the alien is a
defendant, victim, witness, potential witness, or person
cooperating with an investigation of a major criminal
activity, including proceedings for an offense described in
paragraph (1)(E), is transported or transferred by an officer
or employee of the Department for such court proceeding.
``(B) Release.--Any alien being held in custody pursuant to
an arrest or charge described in paragraph (1)(E) who is
acquitted or not otherwise convicted of such charge within 90
days after the alien's first day of detention shall be
entitled to a hearing to challenge the basis for the alien's
custody under paragraph (1)(E) or to request to be released
under subsection (a)(2).''.
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