Bill Text: TX SB4 | 2023 | 88th Legislature 4th Special Session | Enrolled

Texas Senate Bill 4 (Prior Session Legislation)

Bill Title: Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

Spectrum: Partisan Bill (Republican 36-0)

Status: (Passed) 2023-12-18 - Effective on . . . . . . . . . . . . . . . March 5, 2024 [SB4 Detail]

Download: Texas-2023-SB4-Enrolled.html



	S.B. No. 4




	AN ACT
	relating to prohibitions on the illegal entry into or illegal
	presence in this state by a person who is an alien, the enforcement
	of those prohibitions and certain related orders, including
	immunity from liability and indemnification for enforcement
	actions, and authorizing or requiring under certain circumstances
	the removal of persons who violate those prohibitions; creating
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 5B to read as follows:
	CHAPTER 5B. PROCEDURES FOR CERTAIN OFFENSES INVOLVING ILLEGAL
	ENTRY INTO THIS STATE
	Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.
	Notwithstanding any other law, a peace officer may not arrest or
	detain a person for purposes of enforcing a provision of Chapter 51,
	Penal Code, if the person is on the premises or grounds of:
	(1) a public or private primary or secondary school
	for educational purposes;
	(2) a church, synagogue, or other established place of
	religious worship;
	(3) a health care facility, as defined by Section
	161.471, Health and Safety Code, including a facility a state
	agency maintains or operates to provide health care, or the office
	of a health care provider, as defined by Section 161.471, Health and
	Safety Code, provided that the person is on the premises or grounds
	of the facility or office for the purpose of receiving medical
	treatment; or
	(4) a SAFE-ready facility, as defined by Section
	323.001, Health and Safety Code, or another facility that provides
	forensic medical examinations to sexual assault survivors in
	accordance with Chapter 323, Health and Safety Code, provided that
	the person is on the premises or grounds of the facility for
	purposes of obtaining a forensic medical examination and treatment.
	Art. 5B.002. ORDER TO RETURN TO FOREIGN NATION. (a) A
	magistrate during a person's appearance under Article 14.06 or
	15.17 may, after making a determination that probable cause exists
	for arrest for an offense under Section 51.02 or 51.03, Penal Code,
	order the person released from custody and issue a written order in
	accordance with Subsection (c).
	(b) The judge in a person's case at any time after the
	person's appearance before a magistrate under Article 14.06 or
	15.17 may, in lieu of continuing the prosecution of or entering an
	adjudication regarding an offense under Section 51.02 or 51.03,
	Penal Code, dismiss the charge pending against the person and issue
	a written order in accordance with Subsection (c).
	(c) A written order authorized by Subsection (a) or (b) must
	discharge the person and require the person to return to the foreign
	nation from which the person entered or attempted to enter, and may
	be issued only if:
	(1) the person agrees to the order;
	(2) the person has not previously been convicted of an
	offense under Chapter 51, Penal Code, or previously obtained a
	discharge under an order described by Subsection (a) or (b);
	(3) the person is not charged with another offense
	that is punishable as a Class A misdemeanor or any higher category
	of offense; and
	(4) before the issuance of the order, the arresting
	law enforcement agency:
	(A) collects all available identifying
	information of the person, which must include taking fingerprints
	from the person and using other applicable photographic and
	biometric measures to identify the person; and
	(B) cross-references the collected information
	with:
	(i) all relevant local, state, and federal
	criminal databases; and
	(ii) federal lists or classifications used
	to identify a person as a threat or potential threat to national
	security.
	(d) On a person's conviction of an offense under Chapter 51,
	Penal Code, the judge shall enter in the judgment in the case an
	order requiring the person to return to the foreign nation from
	which the person entered or attempted to enter. An order issued
	under this subsection takes effect on completion of the term of
	confinement or imprisonment imposed by the judgment.
	(e) An order issued under this article must include:
	(1) the manner of transportation of the person to a
	port of entry, as defined by Section 51.01, Penal Code; and
	(2) the law enforcement officer or state agency
	responsible for monitoring compliance with the order.
	(f) An order issued under this article must be filed:
	(1) with the county clerk of the county in which the
	person was arrested, for an order described by Subsection (a); or
	(2) with the clerk of the court exercising
	jurisdiction in the case, for an order described by Subsection (b)
	or (d).
	(g) Not later than the seventh day after the date an order is
	issued under this article, the law enforcement officer or state
	agency required to monitor compliance with the order shall report
	the issuance of the order to the Department of Public Safety for
	inclusion in the computerized criminal history system under Chapter
	66.
	Art. 5B.003. ABATEMENT OF PROSECUTION ON BASIS OF
	IMMIGRATION STATUS DETERMINATION PROHIBITED. A court may not abate
	the prosecution of an offense under Chapter 51, Penal Code, on the
	basis that a federal determination regarding the immigration status
	of the defendant is pending or will be initiated.
	SECTION 2. Title 10, Penal Code, is amended by adding
	Chapter 51 to read as follows:
	CHAPTER 51. ILLEGAL ENTRY INTO THIS STATE
	Sec. 51.01. DEFINITIONS. In this chapter:
	(1) "Alien" has the meaning assigned by 8 U.S.C.
	Section 1101, as that provision existed on January 1, 2023.
	(2) "Port of entry" means a port of entry in the United
	States as designated by 19 C.F.R. Part 101.
	Sec. 51.02. ILLEGAL ENTRY FROM FOREIGN NATION. (a) A
	person who is an alien commits an offense if the person enters or
	attempts to enter this state directly from a foreign nation at any
	location other than a lawful port of entry.
	(b) An offense under this section is a Class B misdemeanor,
	except that the offense is a state jail felony if it is shown on the
	trial of the offense that the defendant has been previously
	convicted of an offense under this section.
	(c) It is an affirmative defense to prosecution under this
	section that:
	(1) the federal government has granted the defendant:
	(A) lawful presence in the United States; or
	(B) asylum under 8 U.S.C. Section 1158;
	(2) the defendant's conduct does not constitute a
	violation of 8 U.S.C. Section 1325(a); or
	(3) the defendant was approved for benefits under the
	federal Deferred Action for Childhood Arrivals program between June
	15, 2012, and July 16, 2021.
	(d) The following federal programs do not provide an
	affirmative defense for purposes of Subsection (c)(1):
	(1) the Deferred Action for Parents of Americans and
	Lawful Permanent Residents program; and
	(2) any program not enacted by the United States
	Congress that is a successor to or materially similar to the program
	described by Subsection (c)(3) or Subdivision (1).
	Sec. 51.03. ILLEGAL REENTRY BY CERTAIN ALIENS. (a) A
	person who is an alien commits an offense if the person enters,
	attempts to enter, or is at any time found in this state after the
	person:
	(1) has been denied admission to or excluded,
	deported, or removed from the United States; or
	(2) has departed from the United States while an order
	of exclusion, deportation, or removal is outstanding.
	(b) An offense under this section is a Class A misdemeanor,
	except that the offense is:
	(1) a felony of the third degree if:
	(A) the defendant's removal was subsequent to a
	conviction for commission of two or more misdemeanors involving
	drugs, crimes against a person, or both;
	(B) the defendant was excluded pursuant to 8
	U.S.C. Section 1225(c) because the defendant was excludable under 8
	U.S.C. Section 1182(a)(3)(B);
	(C) the defendant was removed pursuant to the
	provisions of 8 U.S.C. Chapter 12, Subchapter V; or
	(D) the defendant was removed pursuant to 8
	U.S.C. Section 1231(a)(4)(B); or
	(2) a felony of the second degree if the defendant was
	removed subsequent to a conviction for the commission of a felony.
	(c) For purposes of this section, "removal" includes an
	order issued under Article 5B.002, Code of Criminal Procedure, or
	any other agreement in which an alien stipulates to removal
	pursuant to a criminal proceeding under either federal or state
	law.
	Sec. 51.04. REFUSAL TO COMPLY WITH ORDER TO RETURN TO
	FOREIGN NATION. (a) A person who is an alien commits an offense if:
	(1) the person has been charged with or convicted of an
	offense under this chapter;
	(2) a magistrate or judge, as applicable, has issued
	an order under Article 5B.002, Code of Criminal Procedure, for the
	person to return to the foreign nation from which the person entered
	or attempted to enter; and
	(3) the person refuses to comply with the order.
	(b) An offense under this section is a felony of the second
	degree.
	SECTION 3. Title 5, Civil Practice and Remedies Code, is
	amended by adding Chapter 117 to read as follows:
	CHAPTER 117. LIABILITY FOR AND INDEMNIFICATION OF CERTAIN CLAIMS
	RELATING TO ENFORCEMENT OF CERTAIN CRIMINAL OFFENSES INVOLVING
	ILLEGAL ENTRY INTO THIS STATE
	Sec. 117.001. DEFINITION. In this chapter, "damages"
	includes any and all damages, fines, fees, penalties, court costs,
	attorney's fees, or other assessments.
	Sec. 117.002. CIVIL IMMUNITY FOR AND INDEMNIFICATION OF
	LOCAL GOVERNMENT OFFICIALS, EMPLOYEES, AND CONTRACTORS. (a)
	Except as provided by Subsection (d), a local government official,
	employee, or contractor is immune from liability for damages
	arising from a cause of action under state law resulting from an
	action taken by the official, employee, or contractor to enforce
	Chapter 51, Penal Code, or an order issued under Article 5B.002,
	Code of Criminal Procedure, during the course and scope of the
	official's, employee's, or contractor's office, employment, or
	contractual performance for or service on behalf of the local
	government.
	(b) Subject to Subsection (c) and except as provided by
	Subsection (d), a local government shall indemnify an official,
	employee, or contractor of the local government for damages arising
	from a cause of action under federal law resulting from an action
	taken by the official, employee, or contractor to enforce Chapter
	51, Penal Code, or an order issued under Article 5B.002, Code of
	Criminal Procedure, during the course and scope of the official's,
	employee's, or contractor's office, employment, or contractual
	performance for or service on behalf of the local government.
	(c) Indemnification payments made under Subsection (b) by a
	local government may not exceed:
	(1) $100,000 to any one person or $300,000 for any
	single occurrence in the case of personal injury or death; or
	(2) $10,000 for a single occurrence of property
	damage.
	(d) Subsections (a) and (b) do not apply if the court or jury
	determines that the local government official, employee, or
	contractor acted in bad faith, with conscious indifference, or with
	recklessness.
	(e) A local government shall indemnify an official,
	employee, or contractor of the local government for reasonable
	attorney's fees incurred in defense of a criminal prosecution
	against the official, employee, or contractor for an action taken
	by the official, employee, or contractor to enforce Chapter 51,
	Penal Code, or an order issued under Article 5B.002, Code of
	Criminal Procedure, during the course and scope of the official's,
	employee's, or contractor's office, employment, or contractual
	performance for or service on behalf of the local government.
	(f) This section may not be construed to waive any statutory
	limits on damages under state law.
	Sec. 117.003. CIVIL IMMUNITY FOR AND INDEMNIFICATION OF
	STATE OFFICIALS, EMPLOYEES, AND CONTRACTORS. (a) Except as
	provided by Subsection (d), an elected or appointed state official
	or a state employee or contractor is immune from liability for
	damages arising from a cause of action under state law resulting
	from an action taken by the official, employee, or contractor to
	enforce Chapter 51, Penal Code, or an order issued under Article
	5B.002, Code of Criminal Procedure, during the course and scope of
	the official's, employee's, or contractor's office, employment, or
	contractual performance for or service on behalf of the state.
	(b) Except as provided by Subsection (d), the state shall
	indemnify an elected or appointed state official or a state
	employee or contractor for damages arising from a cause of action
	under federal law resulting from an action taken by the official,
	employee, or contractor to enforce Chapter 51, Penal Code, or an
	order issued under Article 5B.002, Code of Criminal Procedure,
	during the course and scope of the official's, employee's, or
	contractor's office, employment, or contractual performance for or
	service on behalf of the state.
	(c) Notwithstanding any other law, an indemnification
	payment made under Subsection (b) is not subject to an
	indemnification limit under the laws of this state.
	(d) Subsections (a) and (b) do not apply if the court or jury
	determines that the state official, employee, or contractor acted
	in bad faith, with conscious indifference, or with recklessness.
	(e) The state shall indemnify a state official, employee, or
	contractor for reasonable attorney's fees incurred in defense of a
	criminal prosecution against the official, employee, or contractor
	for an action taken by the official, employee, or contractor to
	enforce Chapter 51, Penal Code, or an order issued under Article
	5B.002, Code of Criminal Procedure, during the course and scope of
	the official's, employee's, or contractor's office, employment, or
	contractual performance for or service on behalf of the state.
	(f) A state official, employee, or contractor who may be
	entitled to indemnification under Subsection (b) is entitled to
	representation by the attorney general, subject to Chapter 104, in
	an action in connection with which the official, employee, or
	contractor may be entitled to that indemnification.
	(g) This section may not be construed to waive any statutory
	limits on damages under state law.
	Sec. 117.004. APPEAL TO SUPREME COURT. For a civil action
	brought against a person who may be entitled to immunity or
	indemnification under Section 117.002 or 117.003, an appeal must be
	taken directly to the supreme court.
	Sec. 117.005. OTHER LAWS NOT AFFECTED. This chapter does
	not affect a defense, immunity, or jurisdictional bar available to
	the state or a local government or an official, employee, or
	contractor of the state or a local government.
	SECTION 4. Subchapter B, Chapter 42A, Code of Criminal
	Procedure, is amended by adding Article 42A.059 to read as follows:
	Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION
	PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS
	STATE. Notwithstanding any other provision of this chapter, a
	defendant is not eligible for community supervision, including
	deferred adjudication community supervision, under this chapter if
	the defendant is charged with or convicted of an offense under
	Chapter 51, Penal Code.
	SECTION 5. Article 66.102, Code of Criminal Procedure, is
	amended by adding Subsection (i) to read as follows:
	(i) In addition to the information described by this
	article, information in the computerized criminal history system
	must include any order issued under Article 5B.002.
	SECTION 6. Section 508.145(a), Government Code, is amended
	to read as follows:
	(a) An inmate is not eligible for release on parole if the
	inmate is under sentence of death, serving a sentence of life
	imprisonment without parole, or serving a sentence for any of the
	following offenses under the Penal Code:
	(1) Section 20A.03, if the offense is based partly or
	wholly on conduct constituting an offense under Section
	20A.02(a)(5), (6), (7), or (8);
	(2) Section 21.02; [or]
	(3) Section 22.021, if the offense is punishable under
	Subsection (f) of that section; or
	(4) Section 51.03 or 51.04.
	SECTION 7. Section 508.149, Government Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) An inmate serving a sentence for an offense under
	Section 51.03 or 51.04, Penal Code, may not be released to mandatory
	supervision.
	SECTION 8. It is the intent of the legislature that every
	provision, section, subsection, sentence, clause, phrase, or word
	in this Act, and every application of the provisions in this Act to
	every person, group of persons, or circumstances, is severable from
	each other. If any application of any provision in this Act to any
	person, group of persons, or circumstances is found by a court to be
	invalid for any reason, the remaining applications of that
	provision to all other persons and circumstances shall be severed
	and may not be affected.
	SECTION 9. This Act takes effect on the 91st day after the
	last day of the legislative session.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 4 passed the Senate on
	November 9, 2023, by the following vote: Yeas 17, Nays 11.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 4 passed the House on
	November 14, 2023, by the following vote: Yeas 83, Nays 61, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor