13-3906. Processing arrestees; citizenship
determination; notice
A. Within twenty-four hours after a person is brought to a law enforcement agency
for incarceration, the law enforcement agency shall inquire of the person and determine
that person's country of citizenship. If the person is not a United States citizen, the
law enforcement agency shall:
1. Notify the person's country of citizenship of the person's detention if the
person does not waive notification or if the person's country of citizenship requires
notification regardless of the person's waiver of notification.
2. Document the notification to the person's country of citizenship and any waiver
of notification.
3. Transmit any information obtained pursuant to this section to the court and the
prosecuting agency for the purpose of making a determination pursuant to section 13-3961,
subsection A, paragraph 5 or section 13-3967, subsection B, paragraph 11 or for any other
lawful purpose.
B. The failure or inability of a law enforcement agency to provide the notice
required by this section does not:
1. Affect the admissibility of any statements, the voluntariness of a guilty plea
or the validity of a conviction.
2. Afford a defendant any rights in any proceeding related to deportation,
exclusion or denial of naturalization.
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