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 | |
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| 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. | ||
