Bill Text: TX SB1054 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to increasing the punishment for certain offenses committed by a person who is unlawfully present in the United States; changing eligibility for parole and mandatory supervision.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to State Affairs [SB1054 Detail]
Download: Texas-2017-SB1054-Introduced.html
| 85R7004 MAW-D | ||
| By: Estes | S.B. No. 1054 | |
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| relating to increasing the punishment for certain offenses | ||
| committed by a person who is unlawfully present in the United | ||
| States; changing eligibility for parole and mandatory supervision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
| amended by adding Section 12 to read as follows: | ||
| Sec. 12. In addition to the information described by | ||
| Section 1, the judgment must reflect affirmative findings entered | ||
| pursuant to Article 42.0151. | ||
| SECTION 2. Chapter 42, Code of Criminal Procedure, is | ||
| amended by adding Article 42.0151 to read as follows: | ||
| Art. 42.0151. FINDING REGARDING DEFENDANT'S IMMIGRATION | ||
| STATUS. (a) In this article, "violent offense" has the meaning | ||
| assigned by Article 17.032. | ||
| (b) In the trial of a violent offense, the judge shall make | ||
| an affirmative finding of fact and enter the affirmative finding in | ||
| the judgment in the case if the judge determines that, at the time | ||
| of the offense, the defendant was not a citizen or national of the | ||
| United States and was not lawfully present in the United States. | ||
| SECTION 3. Subchapter E, Chapter 508, Government Code, is | ||
| amended by adding Section 508.1495 to read as follows: | ||
| Sec. 508.1495. RELEASE OF INMATE PENDING DEPORTATION. (a) | ||
| This section applies only to an inmate serving a sentence for a | ||
| violent offense, as defined by Article 17.032, Code of Criminal | ||
| Procedure: | ||
| (1) that was punished as a felony of the first degree, | ||
| other than an offense for which the punishment was enhanced under | ||
| Section 12.501, Penal Code; and | ||
| (2) for which an affirmative finding was entered in | ||
| the judgment pursuant to Article 42.0151, Code of Criminal | ||
| Procedure. | ||
| (b) Notwithstanding any other law, a parole panel may not | ||
| release on parole or to mandatory supervision an inmate to whom this | ||
| section applies unless: | ||
| (1) the parole panel determines that on release the | ||
| inmate would be deported to another country; and | ||
| (2) the inmate will be released only into the custody | ||
| of federal immigration authorities pending deportation. | ||
| SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended | ||
| by adding Section 12.501 to read as follows: | ||
| Sec. 12.501. PENALTY IF OFFENSE COMMITTED BY DEFENDANT | ||
| UNLAWFULLY PRESENT. (a) In this section, "violent offense" has the | ||
| meaning assigned by Article 17.032, Code of Criminal Procedure. | ||
| (b) If the court makes an affirmative finding under Article | ||
| 42.0151, Code of Criminal Procedure, in the trial of a violent | ||
| offense, other than an offense punishable as a felony of the first | ||
| degree, the punishment for the offense is increased to the | ||
| punishment prescribed for the next highest category of offense. | ||
| SECTION 5. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 6. This Act takes effect September 1, 2017. | ||
