Bill Text: TX SB9 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to homeland security; providing penalties.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB9 Detail]
Download: Texas-2011-SB9-Introduced.html
Bill Title: Relating to homeland security; providing penalties.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB9 Detail]
Download: Texas-2011-SB9-Introduced.html
82R4675 JAM-D | ||
By: Williams | S.B. No. 9 |
|
||
|
||
relating to homeland security. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.252 to read as follows: | ||
Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON | ||
CHARGED WITH COMMITTING OFFENSE. (a) The peace officer arresting a | ||
person charged with committing an offense or the law enforcement | ||
agency that has custody of the person, as applicable, shall verify | ||
the immigration status of the person by use of the federal Secure | ||
Communities program operated by United States Immigration and | ||
Customs Enforcement or a successor program. | ||
(b) A peace officer or law enforcement agency conducting an | ||
immigration status verification under Subsection (a) shall notify | ||
United States Immigration and Customs Enforcement if the officer or | ||
agency is unable to verify a person's immigration status. | ||
SECTION 2. Section 14, Article 18.21, Code of Criminal | ||
Procedure, is amended by adding Subsection (h) to read as follows: | ||
(h) This section does not prohibit the installation and use | ||
of a mobile tracking device without an order in the course of a | ||
criminal investigation if an order is not required under the Texas | ||
Constitution or United States Constitution. | ||
SECTION 3. Section 4(a), Article 37.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) In the penalty phase of the trial of a felony case in | ||
which the punishment is to be assessed by the jury rather than the | ||
court, if the offense of which the jury has found the defendant | ||
guilty is an offense under Section 71.02 or 71.023, Penal Code, or | ||
an offense listed in Section 3g(a)(1), Article 42.12, [ |
||
|
||
Section 3g(a)(2), Article 42.12, [ |
||
defendant has been convicted of an offense under Section 21.02, | ||
Penal Code, an offense under Section 22.021, Penal Code, that is | ||
punishable under Subsection (f) of that section, or a capital | ||
felony, the court shall charge the jury in writing as follows: | ||
"Under the law applicable in this case, the defendant, if | ||
sentenced to a term of imprisonment, may earn time off the period of | ||
incarceration imposed through the award of good conduct time. | ||
Prison authorities may award good conduct time to a prisoner who | ||
exhibits good behavior, diligence in carrying out prison work | ||
assignments, and attempts at rehabilitation. If a prisoner engages | ||
in misconduct, prison authorities may also take away all or part of | ||
any good conduct time earned by the prisoner. | ||
"It is also possible that the length of time for which the | ||
defendant will be imprisoned might be reduced by the award of | ||
parole. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment, the defendant [ |
||
become eligible for parole until the actual time served equals | ||
one-half of the sentence imposed or 30 years, whichever is less, | ||
without consideration of any good conduct time the defendant [ |
||
may earn. If the defendant is sentenced to a term of less than four | ||
years, the defendant [ |
||
defendant [ |
||
not guarantee that parole will be granted. | ||
"It cannot accurately be predicted how the parole law and | ||
good conduct time might be applied to this defendant if [ |
||
sentenced to a term of imprisonment, because the application of | ||
these laws will depend on decisions made by prison and parole | ||
authorities. | ||
"You may consider the existence of the parole law and good | ||
conduct time. However, you are not to consider the extent to which | ||
good conduct time may be awarded to or forfeited by this particular | ||
defendant. You are not to consider the manner in which the parole | ||
law may be applied to this particular defendant." | ||
SECTION 4. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.0179 to read as | ||
follows: | ||
Art. 102.0179. ADDITIONAL COSTS ATTENDANT TO CERTAIN DRUG | ||
CONVICTIONS: LAW ENFORCEMENT FEE. (a) A person convicted of an | ||
offense punishable as a misdemeanor under Chapter 481, Health and | ||
Safety Code, shall pay $100 on conviction of the offense. | ||
(b) A person convicted of an offense punishable as a felony | ||
under Chapter 481, Health and Safety Code, shall pay $200 on | ||
conviction of the offense. | ||
(c) Costs imposed under this article are imposed without | ||
regard to whether the defendant is placed on community supervision | ||
after being convicted of the offense or receives deferred | ||
disposition or deferred adjudication for the offense. | ||
(d) The officer collecting the costs under this article | ||
shall keep separate records of the money collected and shall pay the | ||
money to the custodian of the municipal or county treasury. | ||
(e) The custodian of the municipal or county treasury shall: | ||
(1) keep records of the amount of money collected | ||
under this article that is deposited with the treasury under this | ||
article; and | ||
(2) not later than the last day of the first month | ||
following each calendar quarter: | ||
(A) pay the money collected under this article | ||
during the preceding calendar quarter to the comptroller; or | ||
(B) if, in the calendar quarter, the custodian of | ||
the municipal or county treasury did not receive any money | ||
attributable to costs paid under this article, file a report with | ||
the comptroller stating that fact. | ||
(f) The comptroller shall deposit the money collected under | ||
this article in the state treasury to the credit of the general | ||
revenue fund to be used for law enforcement purposes. | ||
SECTION 5. Subchapter B, Chapter 102, Government Code, is | ||
amended by adding Section 102.0217 to read as follows: | ||
Sec. 102.0217. ADDITIONAL COURT COSTS ON CONVICTION: CODE | ||
OF CRIMINAL PROCEDURE. A person convicted of an offense under | ||
Chapter 481, Health and Safety Code, shall pay the following under | ||
Article 102.0179, Code of Criminal Procedure, in addition to all | ||
other costs, to be used for law enforcement purposes: | ||
(1) court cost on conviction of a misdemeanor offense | ||
. . . $100; and | ||
(2) court cost on conviction of a felony offense | ||
. . . $200. | ||
SECTION 6. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0094 to read as follows: | ||
Sec. 411.0094. AUTOMATIC LICENSE PLATE READER PILOT | ||
PROGRAM. (a) In this section, "automatic license plate reader" | ||
means a system that reads and records license plate numbers taken | ||
from digital photographs. | ||
(b) The department shall establish a pilot program in which | ||
automatic license plate readers may be installed in law enforcement | ||
motor vehicles used by the department for law enforcement. | ||
(c) The program must include a request for proposal process | ||
to select a contractor for the installation of automatic license | ||
plate readers. | ||
(d) The department shall adopt rules as necessary to | ||
implement the program. | ||
(e) Not later than December 1, 2012, the department shall | ||
file a report with the committee in each house of the legislature | ||
having primary jurisdiction over homeland security matters. The | ||
report must include: | ||
(1) information regarding the use of automatic license | ||
plate readers by the department; and | ||
(2) any other information that would assist the | ||
legislature in evaluating the effectiveness of the use of automatic | ||
license plate readers by the department. | ||
(f) This section expires September 1, 2013. | ||
SECTION 7. Section 411.023, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (g) to read as | ||
follows: | ||
(b) A special ranger is subject to the orders of the | ||
commission and the governor for special duty to the same extent as | ||
other law enforcement officers provided for by this chapter, except | ||
that a special ranger may not enforce a law [ |
||
|
||
use of a state highway by a motor vehicle. A special ranger is not | ||
connected with a ranger company or uniformed unit of the | ||
department. | ||
(g) The commission may call special rangers into service to: | ||
(1) preserve the peace and protect life and property; | ||
(2) conduct background investigations; | ||
(3) monitor sex offenders; | ||
(4) serve as part of two-officer units on patrol in | ||
high threat areas; and | ||
(5) provide assistance to the department during | ||
disasters. | ||
SECTION 8. Section 411.024, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (g) to read as | ||
follows: | ||
(b) A special Texas Ranger is subject to the orders of the | ||
commission and the governor for special duty to the same extent as | ||
other law enforcement officers provided for by this chapter, except | ||
that a special Texas Ranger may not enforce a law [ |
||
|
||
regulating the use of a state highway by a motor vehicle. A special | ||
Texas Ranger is not connected with a ranger company or uniformed | ||
unit of the department. | ||
(g) The commission may call special Texas Rangers into | ||
service to: | ||
(1) preserve the peace and protect life and property; | ||
(2) conduct background investigations; | ||
(3) monitor sex offenders; | ||
(4) serve as part of two-officer units on patrol in | ||
high threat areas; and | ||
(5) provide assistance to the department during | ||
disasters. | ||
SECTION 9. Section 508.145(d), Government Code, is amended | ||
to read as follows: | ||
(d) An inmate serving a sentence for an offense described by | ||
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K), | ||
Article 42.12, Code of Criminal Procedure, [ |
||
which the judgment contains an affirmative finding under Section | ||
3g(a)(2) of that article, or an offense under Section 71.02 or | ||
71.023, Penal Code, is not eligible for release on parole until the | ||
inmate's actual calendar time served, without consideration of good | ||
conduct time, equals one-half of the sentence or 30 calendar years, | ||
whichever is less, but in no event is the inmate eligible for | ||
release on parole in less than two calendar years. | ||
SECTION 10. Section 508.149(a), Government Code, is amended | ||
to read as follows: | ||
(a) An inmate may not be released to mandatory supervision | ||
if the inmate is serving a sentence for or has been previously | ||
convicted of: | ||
(1) an offense for which the judgment contains an | ||
affirmative finding under Section 3g(a)(2), Article 42.12, Code of | ||
Criminal Procedure; | ||
(2) a first degree felony or a second degree felony | ||
under Section 19.02, Penal Code; | ||
(3) a capital felony under Section 19.03, Penal Code; | ||
(4) a first degree felony or a second degree felony | ||
under Section 20.04, Penal Code; | ||
(5) an offense under Section 21.11, Penal Code; | ||
(6) a felony under Section 22.011, Penal Code; | ||
(7) a first degree felony or a second degree felony | ||
under Section 22.02, Penal Code; | ||
(8) a first degree felony under Section 22.021, Penal | ||
Code; | ||
(9) a first degree felony under Section 22.04, Penal | ||
Code; | ||
(10) a first degree felony under Section 28.02, Penal | ||
Code; | ||
(11) a second degree felony under Section 29.02, Penal | ||
Code; | ||
(12) a first degree felony under Section 29.03, Penal | ||
Code; | ||
(13) a first degree felony under Section 30.02, Penal | ||
Code; | ||
(14) a felony for which the punishment is increased | ||
under Section 481.134 or Section 481.140, Health and Safety Code; | ||
(15) an offense under Section 43.25, Penal Code; | ||
(16) an offense under Section 21.02, Penal Code; [ |
||
(17) a first degree felony under Section 15.03, Penal | ||
Code; or | ||
(18) a first degree felony under Section 71.02 or | ||
71.023, Penal Code. | ||
SECTION 11. Section 511.0101(a), Government Code, as | ||
amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of | ||
the 81st Legislature, Regular Session, 2009, is reenacted and | ||
amended to read as follows: | ||
(a) Each county shall submit to the commission on or before | ||
the fifth day of each month a report containing the following | ||
information: | ||
(1) the number of prisoners confined in the county | ||
jail on the first day of the month, classified on the basis of the | ||
following categories: | ||
(A) total prisoners; | ||
(B) pretrial Class C misdemeanor offenders; | ||
(C) pretrial Class A and B misdemeanor offenders; | ||
(D) convicted misdemeanor offenders; | ||
(E) felony offenders whose penalty has been | ||
reduced to a misdemeanor; | ||
(F) pretrial felony offenders; | ||
(G) convicted felony offenders; | ||
(H) prisoners detained on bench warrants; | ||
(I) prisoners detained for parole violations; | ||
(J) prisoners detained for federal officers; | ||
(K) prisoners awaiting transfer to the | ||
institutional division of the Texas Department of Criminal Justice | ||
following conviction of a felony or revocation of probation, | ||
parole, or release on mandatory supervision and for whom paperwork | ||
and processing required for transfer have been completed; | ||
(L) prisoners detained after having been | ||
transferred from another jail and for whom the commission has made a | ||
payment under Subchapter F, Chapter 499, Government Code; | ||
(M) prisoners who: | ||
(i) are not citizens or nationals of the | ||
United States; and | ||
(ii) are unlawfully present in the United | ||
States according to the terms of the Immigration Reform and Control | ||
Act of 1986 (8 U.S.C. Section 1101 et seq.) [ |
||
and | ||
(N) other prisoners; | ||
(2) the total capacity of the county jail on the first | ||
day of the month; | ||
(3) the total number of prisoners who were confined in | ||
the county jail during the preceding month, based on a count | ||
conducted on each day of that month, who were known or had been | ||
determined to be pregnant; [ |
||
(4) the total cost to the county during the preceding | ||
month of housing prisoners described by Subdivision (1)(M); and | ||
(5) certification by the reporting official that the | ||
information in the report is accurate. | ||
SECTION 12. Section 481.108, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.108. PREPARATORY OFFENSES. (a) Except as provided | ||
by Subsection (b), Title 4, Penal Code, applies to an offense under | ||
this chapter. | ||
(b) The performance of an overt act described by Section | ||
15.02(a)(2), Penal Code, that is otherwise required to establish | ||
criminal conspiracy under that section is not required for purposes | ||
of establishing criminal conspiracy with respect to an offense | ||
under this chapter. | ||
SECTION 13. Section 71.02(b), Penal Code, as amended by | ||
Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the 73rd | ||
Legislature, Regular Session, 1993, is reenacted and amended to | ||
read as follows: | ||
(b) Except as provided in Subsections (c) and (d), an | ||
offense under this section is one category higher than the most | ||
serious offense listed in Subsection (a) that was committed, and if | ||
the most serious offense is a Class A misdemeanor, the offense is a | ||
state jail felony, except that if the most serious offense is a | ||
felony of the first degree, the offense is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for any term of not more than 99 years | ||
or less than 15 years. | ||
SECTION 14. Section 71.02(c), Penal Code, as amended by | ||
Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the 73rd | ||
Legislature, Regular Session, 1993, is reenacted to read as | ||
follows: | ||
(c) Conspiring to commit an offense under this section is of | ||
the same degree as the most serious offense listed in Subsection (a) | ||
that the person conspired to commit. | ||
SECTION 15. Section 71.023, Penal Code, is amended to read | ||
as follows: | ||
Sec. 71.023. DIRECTING ACTIVITIES OF [ |
||
STREET GANGS. (a) A person commits an offense if the person | ||
knowingly [ |
||
[ |
||
criminal street gang that commit or conspire to commit a felony: | ||
(1) that is listed in Section 3g(a)(1), Article 42.12, | ||
Code of Criminal Procedure; | ||
(2) for which it is shown that a deadly weapon, as | ||
defined by Section 1.07, Penal Code, was used or exhibited during | ||
the commission of the offense or during immediate flight from the | ||
commission of the offense; or | ||
(3) that is punishable as a felony of the first or | ||
second degree under Chapter 481, Health and Safety Code [ |
||
|
||
|
||
|
||
(b) An offense under this section is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for any term of not more than 99 years | ||
or less than 25 years. | ||
[ |
||
|
||
[ |
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
|
||
SECTION 16. Section 521.059(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall authenticate the facial image and | ||
thumbprints or fingerprints provided by an applicant for a personal | ||
identification certificate, driver's license, or commercial | ||
driver's license or permit using image comparison technology to | ||
ensure that the applicant: | ||
(1) is issued only one original license, permit, or | ||
certificate; | ||
(2) does not fraudulently obtain a duplicate license, | ||
permit, or certificate; [ |
||
(3) does not commit other fraud in connection with the | ||
application for a license, permit, or certificate; and | ||
(4) is not a fugitive from justice, as defined by | ||
Section 38.01, Penal Code. | ||
SECTION 17. Chapter 600, Transportation Code, is amended by | ||
adding Section 600.005 to read as follows: | ||
Sec. 600.005. DRIVER'S LICENSE AND EVIDENCE OF FINANCIAL | ||
RESPONSIBILITY CHECKPOINTS. (a) The department may establish a | ||
program for the purpose of establishing checkpoints to ensure that | ||
operators of motor vehicles in this state are not in violation of | ||
Section 521.021, 522.011, or 601.051. | ||
(b) The department may establish the checkpoint program in | ||
conjunction with local law enforcement authorities. The department | ||
and local law enforcement authorities may share the cost of | ||
staffing the checkpoints conducted under the program established by | ||
this section. | ||
(c) The department shall establish procedures to be used in | ||
the operation of a checkpoint conducted under the program | ||
established by this section. | ||
(d) The procedures for the operation of a checkpoint | ||
conducted under the program established by this section must: | ||
(1) limit the discretion of the peace officers | ||
conducting the checkpoint; | ||
(2) ensure that the selection of motor vehicles to be | ||
stopped is reasonably predictable and nonarbitrary; | ||
(3) ensure that intrusion on the operator is | ||
minimized; and | ||
(4) ensure that an inquiry is reasonably related to | ||
the purpose of the checkpoint. | ||
(e) The department shall keep a record of the operation of a | ||
checkpoint conducted under the program established by this section | ||
that contains: | ||
(1) the date, time, location, and duration of the | ||
checkpoint; | ||
(2) the number of motor vehicles stopped at the | ||
checkpoint and the number and nature of arrests made and citations | ||
issued at the checkpoint; and | ||
(3) the identities of the peace officers operating the | ||
checkpoint. | ||
SECTION 18. Section 4(a), Article 37.07, Code of Criminal | ||
Procedure, Sections 508.145 and 508.149, Government Code, Section | ||
481.108, Health and Safety Code, and Sections 71.02 and 71.023, | ||
Penal Code, as amended by this Act, and Article 102.0179, Code of | ||
Criminal Procedure, and Section 102.0217, Government Code, as added | ||
by this Act, apply 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 when 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 19. A county shall submit the first report required | ||
by Section 511.0101, Government Code, as amended by this Act, not | ||
later than October 5, 2011. | ||
SECTION 20. This Act takes effect September 1, 2011. |