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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of retaliation involving |
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immigration status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Penal Code, is amended by adding |
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Section 36.061 to read as follows: |
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Sec. 36.061. RETALIATION INVOLVING IMMIGRATION STATUS. (a) |
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A person commits an offense if the person, with the intent to |
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prevent or delay the service of another as a prospective informant |
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or witness, intentionally or knowingly: |
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(1) reports or threatens to report the other person's |
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immigration status to United States Immigration and Customs |
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Enforcement or another law enforcement agency; or |
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(2) destroys or withholds, or threatens to destroy or |
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withhold, a form of government-issued identifying documentation |
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issued to the other person. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a felony of the third degree. |
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(c) An offense under this section is a felony of the second |
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degree if the victim was a prospective informant in the |
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investigation of, or a prospective witness in the prosecution of, |
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an offense: |
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(1) involving family violence, as defined by Section |
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71.004, Family Code; or |
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(2) under Section 20A.02, 20A.03, 21.02, 21.11, |
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22.011, or 22.021, Penal Code. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. 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 3. This Act takes effect September 1, 2019. |