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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses involving illegal entry into |
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or illegal presence in this state by a person who is an alien, |
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including the enforcement of those offenses; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 5B.001, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS. |
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Notwithstanding any other law, a peace officer may not arrest or |
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detain a person for purposes of enforcing a provision of Chapter 51, |
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Penal Code, if the person is on the premises or grounds of: |
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(1) [a public or private primary or secondary school |
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for educational purposes; |
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[(2) a church, synagogue, or other established place |
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of religious worship; |
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[(3)] a health care facility, as defined by Section |
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161.471, Health and Safety Code, including a facility a state |
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agency maintains or operates to provide health care, or the office |
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of a health care provider, as defined by Section 161.471, Health and |
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Safety Code, provided that the person is on the premises or grounds |
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of the facility or office for the purpose of receiving medical |
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treatment relating to an offense committed against the person; or |
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(2) [(4)] a SAFE-ready facility, as defined by Section |
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323.001, Health and Safety Code, or another facility that provides |
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forensic medical examinations to sexual assault survivors in |
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accordance with Chapter 323, Health and Safety Code, provided that |
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the person is on the premises or grounds of the facility for |
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purposes of obtaining a forensic medical examination and treatment. |
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SECTION 2. Section 51.02(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a state jail felony |
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[Class B misdemeanor], except that the offense is a [state jail] |
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felony of the third degree if it is shown on the trial of the offense |
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that the defendant has been previously convicted of an offense |
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under this section. |
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SECTION 3. Section 51.03(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the third |
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degree [Class A misdemeanor], except that the offense is: |
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(1) a felony of the second [third] degree if: |
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(A) the defendant's removal was subsequent to a |
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conviction for commission of two or more misdemeanors involving |
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drugs, crimes against a person, or both; |
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(B) the defendant was excluded pursuant to 8 |
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U.S.C. Section 1225(c) because the defendant was excludable under 8 |
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U.S.C. Section 1182(a)(3)(B); |
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(C) the defendant was removed pursuant to the |
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provisions of 8 U.S.C. Chapter 12, Subchapter V; or |
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(D) the defendant was removed pursuant to 8 |
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U.S.C. Section 1231(a)(4)(B); or |
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(2) a felony of the first [second] degree if the |
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defendant was removed subsequent to a conviction for the commission |
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of a felony. |
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SECTION 4. Section 51.04(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the first |
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[second] degree. |
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SECTION 5. Sections 51.02(c) and (d), Penal Code, are |
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repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2025. |