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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 illegal 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 |
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ILLEGAL ALIEN. (a) In this article, "illegal alien" means an alien |
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who: |
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(1) before the date of the commission of the offense: |
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(A) entered the United States without inspection |
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or at any time or any place other than as designated by the United |
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States attorney general; or |
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(B) was admitted as a nonimmigrant and failed to |
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maintain the nonimmigrant status under which the alien was admitted |
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or to which it was changed under Section 248, Immigration and |
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Nationality Act (8 U.S.C. Section 1258), or to comply with the |
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conditions of the alien's status; and |
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(2) did not attain and maintain legal status before |
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the date of the commission of the offense. |
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(b) In the trial of an offense listed in Article 42A.054(a), |
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the judge shall make an affirmative finding of fact and enter the |
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affirmative finding in the judgment of the case if at the guilt or |
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innocence phase of the trial, the judge or the jury, whichever is |
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the trier of fact, determines beyond a reasonable doubt that the |
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defendant was an illegal alien at the time of the 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 ILLEGAL ALIEN. |
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(a) Subject to Subsection (b), 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 a felony offense other than a capital felony, the punishment for |
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the 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 15 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 15 years 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. |