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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for certain offenses |
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committed by a person who is unlawfully present in the United |
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States; changing eligibility for parole and mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 12 to read as follows: |
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Sec. 12. In addition to the information described by |
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Section 1, the judgment must reflect affirmative findings entered |
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pursuant to Article 42.0151. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0151 to read as follows: |
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Art. 42.0151. FINDING REGARDING DEFENDANT'S IMMIGRATION |
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STATUS. (a) In this article, "violent offense" has the meaning |
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assigned by Article 17.032. |
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(b) In the trial of a violent offense, the judge shall make |
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an affirmative finding of fact and enter the affirmative finding in |
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the judgment in the case if the judge determines that, at the time |
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of the offense, the defendant was not a citizen or national of the |
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United States and was not lawfully present in the United States. |
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SECTION 3. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1495 to read as follows: |
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Sec. 508.1495. RELEASE OF INMATE PENDING DEPORTATION. (a) |
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This section applies only to an inmate serving a sentence for a |
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violent offense, as defined by Article 17.032, Code of Criminal |
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Procedure: |
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(1) that was punished as a felony of the first degree, |
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other than an offense for which the punishment was enhanced under |
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Section 12.501, Penal Code; and |
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(2) for which an affirmative finding was entered in |
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the judgment pursuant to Article 42.0151, Code of Criminal |
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Procedure. |
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(b) Notwithstanding any other law, a parole panel may not |
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release on parole or to mandatory supervision an inmate to whom this |
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section applies unless: |
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(1) the parole panel determines that on release the |
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inmate would be deported to another country; and |
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(2) the inmate will be released only into the custody |
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of federal immigration authorities pending deportation. |
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SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.501 to read as follows: |
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Sec. 12.501. PENALTY IF OFFENSE COMMITTED BY DEFENDANT |
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UNLAWFULLY PRESENT. (a) In this section, "violent offense" has the |
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meaning assigned by Article 17.032, Code of Criminal Procedure. |
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(b) If the court makes an affirmative finding under Article |
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42.0151, Code of Criminal Procedure, in the trial of a violent |
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offense, other than an offense punishable as a felony of the first |
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degree, the punishment for the offense is increased to the |
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punishment prescribed for the next highest category of offense. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |