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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 an |
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illegal alien and to certain procedures for arresting illegal |
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aliens for committing that criminal offense. |
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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 ALIEN. (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; and |
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(2) enters or remains on or in any public or private |
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property in this state in violation of 8 U.S.C. Section 1325 or |
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1326. |
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(b) An offense under this section is a Class B misdemeanor. |
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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) A peace officer may arrest, without a warrant, a person |
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who the officer has probable cause to believe has committed an |
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offense under Section 30.055, Penal Code, if the peace officer: |
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(1) at the time of arrest, is acting on a reasonable |
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suspicion that the person is committing or has committed another |
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offense for which the peace officer, under the circumstances |
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described by this article, may arrest the person without a warrant; |
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and |
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(2) before making the arrest, seeks and receives |
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confirmation from the United States Immigration and Customs |
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Enforcement component of the United States Department of Homeland |
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Security that the person is an alien who is present in the United |
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States in violation of 8 U.S.C. Section 1325 or 1326. |
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SECTION 3. This Act takes effect November 1, 2011. |