Bill Text: TX HB57 | 2011 | 82nd Legislature 1st Special | 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-16 - Referred to State Affairs [HB57 Detail]

Download: Texas-2011-HB57-Introduced.html
  82S10021 MAW-F
 
  By: Riddle H.B. No. 57
 
 
 
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 November 1, 2011.
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