Enrolled Bill Summary

Senate Bill 4	Senate Author:  Perry et al.
Effective:  3-5-24	House Sponsor:  Spiller et al.

            Senate Bill 4 amends the Penal Code to make it a Class B misdemeanor offense for a person who is an alien to enter or attempt to enter Texas directly from a foreign nation at any location other than a lawful port of entry. The bill enhances the penalty for a subsequent conviction of this illegal entry offense to a state jail felony and establishes certain affirmative defenses to the prosecution of the offense.

Senate Bill 4 also makes it an offense for a person who is an alien to enter, attempt to enter, or be found in Texas after the person has been denied admission to or excluded, deported, or removed from the United States or has departed from the United States while an order of exclusion, deportation, or removal is outstanding. The penalty for this offense of reentry by certain aliens ranges from a Class A misdemeanor to a second degree felony depending on whether certain circumstances applied to the defendant's removal or exclusion.

Senate Bill 4 amends the Code of Criminal Procedure to provide for the authority of a magistrate or judge to issue an order discharging a person who is charged with either the illegal entry or illegal reentry offense and requiring that person to return to the foreign nation from which they entered or attempted to enter if the person agrees to the order, has not previously been convicted of an offense under the bill's provisions or obtained a discharge under such an order, and is not charged with another offense that is punishable as a Class A misdemeanor or any higher category of offense. Issuance of the order is also conditioned on the arresting law enforcement agency collecting all available identifying information of the person and cross‑referencing that information with criminal databases and federal lists or classifications used to identify threats or potential threats to national security. Additionally, the bill requires a judge, on a person's conviction of an offense under the bill's provisions, to issue an order for the person to return to the foreign nation from which they entered or attempted to enter that takes effect on completion of the person's term of confinement or imprisonment. The bill sets out certain information to be included in an order to return to a foreign nation and requires that such an order be filed with the county or court clerk, as applicable, and reported to the Department of Public Safety for inclusion in the computerized criminal history system. The bill creates a second degree felony offense under the Penal Code for refusal to comply with an order to return to a foreign nation issued by a magistrate or judge under these provisions.

            Senate Bill 4 prohibits a peace officer from arresting or detaining a person for the enforcement of any of the offenses created by the bill if, for specified purposes, the person is on the premises or grounds of a public or private primary or secondary school, an established place of religious worship, a health care facility or health care provider's office, or a facility that provides forensic medical examinations to sexual assault survivors. In addition, the bill prohibits a court from abating the prosecution of any of the bill's offenses on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated and makes a defendant charged with or convicted of any of those offenses ineligible for community supervision.

            Senate Bill 4 amends the Government Code to make an inmate serving a sentence for the bill's offense of illegal reentry by certain aliens or of refusal to comply with an order to return to a foreign nation ineligible for release on parole or to mandatory supervision.

Senate Bill 4 amends the Civil Practice and Remedies Code to provide immunity from liability and indemnification for actions taken by a state or local government official, employee, or contractor in enforcing the offenses created by the bill or an order to return to a foreign nation.