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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain criminal offenses involving |
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illegal entry into or illegal presence in this state by a person who |
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is an alien; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Dangerous Aliens |
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Act. |
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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 Class B misdemeanor, |
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except that the offense is a state jail felony if it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted of an offense: |
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(1) under this section; |
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(2) under Chapter 49, other than Section 49.02 or |
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49.031; |
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(3) under the laws of another state or foreign country |
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involving an offense containing elements that are substantially |
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similar to the elements of an offense described by Subdivision (2); |
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or |
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(4) involving drugs or crimes against a person. |
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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 Class A misdemeanor, |
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except that the offense is: |
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(1) a felony of the third degree if: |
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(A) the defendant's removal was subsequent to a |
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conviction for commission of one or two [or more] misdemeanors: |
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(i) under Chapter 49, other than Section |
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49.02 or 49.031; |
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(ii) under the laws of another state or |
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foreign country involving an offense containing elements that are |
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substantially similar to the elements of an offense described by |
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Subparagraph (i); or |
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(iii) involving drugs or [,] crimes against |
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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 second degree if the defendant was |
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removed subsequent to a conviction for the commission of: |
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(A) three or more misdemeanors described by |
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Subdivision (1)(A); or |
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(B) a felony other than a felony described by |
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Subdivision (3); or |
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(3) a felony of the first degree if the defendant was |
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removed subsequent to a conviction for the commission of a felony: |
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(A) under Title 5 of this code; or |
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(B) under the laws of another state or foreign |
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country involving an offense containing elements that are |
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substantially similar to the elements of an offense described by |
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Paragraph (A). |
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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 second |
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degree, except that the offense is a felony of the first degree if |
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the offense described by Subsection (a)(1) with which the person |
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has been charged or of which the person was convicted is an offense |
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under Section 51.03 that is punishable under Subsection (b)(3) of |
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that section. |
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SECTION 5. 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 6. This Act takes effect September 1, 2025. |