Bill Text: TX HB17 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 17 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.

Sponsorship: Partisan Bill (Republican 31)

Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB17 Detail]

Download: Texas-2011-HB17-Introduced.html

	82R503 VOO-F

	By: Riddle	H.B. No. 17



	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of criminal trespass by an
	illegal alien and to certain procedures for arresting illegal
	aliens for committing that criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 30, Penal Code, is amended by adding
	Section 30.055 to read as follows:
	Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIEN. (a) A
	person commits an offense if the person:
	(1) is a citizen of any country other than the United
	States; and
	(2) enters or remains on or in any public or private
	property in this state in violation of 8 U.S.C. Section 1325 or
	1326.
	(b) An offense under this section is a Class B misdemeanor.
	SECTION 2. Article 14.03, Code of Criminal Procedure, is
	amended by adding Subsection (h) to read as follows:
	(h) A peace officer may arrest, without a warrant, a person
	who the officer has probable cause to believe has committed an
	offense under Section 30.055, Penal Code, if the peace officer:
	(1) at the time of arrest, is acting on a reasonable
	suspicion that the person is committing or has committed another
	offense for which the peace officer, under the circumstances
	described by this article, may arrest the person without a warrant;
	and
	(2) before making the arrest, seeks and receives
	confirmation from the United States Immigration and Customs
	Enforcement component of the United States Department of Homeland
	Security that the person is an alien who is present in the United
	States in violation of 8 U.S.C. Section 1325 or 1326.
	SECTION 3. This Act takes effect September 1, 2011.