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.
Spectrum: Partisan Bill (Republican 1-0)
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. |