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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of the criminal offense of improper entry from |
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foreign nation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.20 to read as follows: |
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Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) A |
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person who is not a citizen or national of the United State commits |
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an offense if the person: |
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(1) enters or attempts to enter this state from a |
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foreign nation at any time or place other than as designated by |
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United States immigration officers; |
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(2) eludes examination or inspection by United States |
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immigration officers; or |
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(3) attempts to enter or obtains entry to this state |
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from a foreign nation by an intentionally false or misleading |
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representation or the intentional concealment of a material fact. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that if it is shown on the trial of the offense that the |
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person has previously been finally convicted of: |
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(1) an offense under this section, the offense is a |
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state jail felony; |
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(2) a state jail felony described by Subdivision (1) |
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or any other felony not listed in Article 42A.054(a), Code of |
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Criminal Procedure, the offense is a felony of the second degree; or |
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(3) a felony listed in Article 42A.054(a), Code of |
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Criminal Procedure, the offense is a felony of the first degree. |
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SECTION 2. This Act takes effect July 1, 2023, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date the Act takes effect September 1, 2023. |