Bill Text: TX HB5270 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to creation of the criminal offense of improper entry from foreign nation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to State Affairs [HB5270 Detail]
Download: Texas-2023-HB5270-Introduced.html
By: Toth | H.B. No. 5270 |
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relating to creation of the criminal offense of improper entry from | ||
foreign nation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 38, Penal Code, is amended by adding | ||
Section 38.20 to read as follows: | ||
Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) A | ||
person who is not a citizen or national of the United State commits | ||
an offense if the person: | ||
(1) enters or attempts to enter this state from a | ||
foreign nation at any time or place other than as designated by | ||
United States immigration officers; | ||
(2) eludes examination or inspection by United States | ||
immigration officers; or | ||
(3) attempts to enter or obtains entry to this state | ||
from a foreign nation by an intentionally false or misleading | ||
representation or the intentional concealment of a material fact. | ||
(b) An offense under this section is a Class A misdemeanor, | ||
except that if it is shown on the trial of the offense that the | ||
person has previously been finally convicted of: | ||
(1) an offense under this section, the offense is a | ||
state jail felony; | ||
(2) a state jail felony described by Subdivision (1) | ||
or any other felony not listed in Article 42A.054(a), Code of | ||
Criminal Procedure, the offense is a felony of the second degree; or | ||
(3) a felony listed in Article 42A.054(a), Code of | ||
Criminal Procedure, the offense is a felony of the first degree. | ||
SECTION 2. This Act takes effect July 1, 2023, if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for effect on that | ||
date the Act takes effect September 1, 2023. |