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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for certain offenses |
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committed by an alien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.01992 to read as follows: |
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Art. 42.01992. FINDING THAT OFFENSE WAS COMMITTED BY ALIEN. |
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(a) In this article, "alien" has the meaning assigned by Section |
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51.01, Penal Code. |
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(b) In the trial of an offense, other than a traffic offense |
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that is punishable by fine only, the judge shall make an affirmative |
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finding of fact and enter the affirmative finding in the judgment of |
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the case if at the guilt or innocence phase of the trial, the judge |
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or the jury, whichever is the trier of fact, determines beyond a |
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reasonable doubt that the defendant was an alien at the time of the |
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offense. |
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SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.503 to read as follows: |
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Sec. 12.503. PENALTY IF OFFENSE COMMITTED BY ALIEN. (a) |
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Subject to Subsections (b) and (c), if an affirmative finding under |
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Article 42.01992, Code of Criminal Procedure, is made in the trial |
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of an offense other than a capital felony, the punishment for the |
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offense is increased to the punishment prescribed for the next |
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highest category of offense. |
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(b) If an offense described by Subsection (a) is punishable |
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as a felony of the first degree, the minimum term of imprisonment |
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for the offense is increased to 7 years unless another provision of |
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law applicable to the offense provides for a minimum term of |
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imprisonment of 7 years or more. |
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(c) If an offense described by Subsection (a) is punishable |
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as a Class A misdemeanor, the minimum term of confinement for the |
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offense is increased to 180 days unless another provision of law |
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applicable to the offense provides for a minimum term of |
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confinement of 180 days or more. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |