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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of criminal trespass by |
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illegal aliens and to certain procedures for arresting illegal |
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aliens suspected of committing criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Penal Code, is amended by adding |
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Section 30.055 to read as follows: |
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Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIENS. (a) A |
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person commits an offense if the person: |
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(1) is a citizen of any country other than the United |
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States who has been denied admission, excluded, deported, or |
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removed or has otherwise departed from the United States after |
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having been convicted of a felony under the law of any state or |
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under federal law; and |
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(2) subsequently enters or remains on or in any public |
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or private property in this state in violation of 8 U.S.C. Section |
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1326. |
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(b) An offense under this section is a felony of the third |
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degree. |
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SECTION 2. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h)(1) In the course of acting on a reasonable suspicion that |
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a person is committing or has committed an offense, including an |
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offense under Section 30.055, Penal Code, a peace officer may |
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arrest the person without a warrant if the peace officer before |
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making the arrest seeks and receives confirmation from the Bureau |
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of Immigration and Customs Enforcement of the United States |
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Department of Homeland Security that the person: |
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(A) is an alien who is present in the United |
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States in violation of 8 U.S.C. Section 1326; and |
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(B) before the person's reentry into the United |
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States in violation of that section, had been denied admission, |
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excluded, deported, or removed or had otherwise departed from the |
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United States after having been convicted of a felony under the law |
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of any state or under federal law. |
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(2) On receiving the confirmation described by |
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Subdivision (1), the peace officer immediately shall take the |
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person before a magistrate in compliance with Article 14.06. After |
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placing under oath and questioning the peace officer and on a |
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finding of probable cause to believe the person arrested is a person |
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described by Subdivisions (1)(A) and (B), the magistrate may issue |
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a state warrant under this subsection. The warrant must specify the |
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applicable violation or violations of federal criminal law as |
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previously confirmed with the Bureau of Immigration and Customs |
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Enforcement. A warrant issued under this subsection expires on the |
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earlier of: |
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(A) the time the person is transferred into |
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federal custody; or |
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(B) 72 hours after issuance. |
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SECTION 3. This Act takes effect September 1, 2007. |