Bill Text: TX SB108 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to increasing the punishment for certain felony offenses committed by a person who is unlawfully present in the United States.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-01-25 - Referred to State Affairs [SB108 Detail]
Download: Texas-2017-SB108-Introduced.html
| 85R2686 MAW-D | ||
| By: Hall | S.B. No. 108 | |
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| relating to increasing the punishment for certain felony offenses | ||
| committed by a person who is unlawfully present in the United | ||
| States. | ||
| 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. In the trial of an offense punishable as a felony, other | ||
| than a capital felony, 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 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. If the court makes an affirmative finding | ||
| under Article 42.0151, Code of Criminal Procedure, in the trial of | ||
| an offense punishable as a felony, other than a first degree felony, | ||
| the punishment for the offense is increased to the punishment | ||
| prescribed for the next highest category of offense. If the offense | ||
| is a first degree felony, the defendant shall be punished by | ||
| imprisonment in the Texas Department of Criminal Justice for life | ||
| without parole. | ||
| SECTION 4. 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 5. This Act takes effect September 1, 2017. | ||
