Relating to certain criminal offenses involving illegal entry into or illegal presence in this state by a person who is an alien, including the enforcement of those offenses; increasing criminal penalties.
Impact
The implications of HB1303 are significant, as it alters existing penal code sections that govern the treatment of individuals unlawfully present in Texas. By establishing harsher penalties, the bill intends to assert stricter control over illegal immigration, which proponents argue is necessary for public safety and resource management. The enhancements in penalties reflect a trend towards tougher immigration enforcement and underscore the state's stance on illegal immigration issues.
Summary
House Bill 1303 addresses issues related to illegal entry into Texas by individuals classified as aliens. The bill seeks to strengthen the enforcement of certain criminal offenses related to illegal presence in the state. Specifically, it aims to increase the penalties associated with such offenses, categorizing them as felony charges based on previous convictions and the circumstances of the individual's removal. For instance, the bill proposes penalties ranging from state jail felonies to first-degree felonies, depending on the defendant's criminal history and the nature of their illegal status.
Contention
Notable contentions surrounding HB1303 include debates on the balance between enforcing immigration laws and protecting the rights of individuals. Critics argue that increasing penalties for illegal entry could lead to disproportionate consequences, potentially exacerbating issues related to racial profiling and undermining community trust in law enforcement. Furthermore, the bill has implications for various state laws relating to the treatment of immigrants, raising concerns about fairness and justice within the legal system. The effective date set for September 1, 2025, allows for further discussions on these issues leading up to its enactment.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 5. Family Violence Prevention
Section: New Section
Penal Code
Chapter 51. Illegal Entry Into This State
Section: 02
Section: 03
Section: 04
Section: New Section
Health And Safety Code
Chapter 161. Public Health Provisions
Section: 471
Chapter 323. Emergency Services And Forensic Examination Programs For Survivors Of Sexual Assault
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.
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 authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
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.
Relating to illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to the creation of a criminal offense for illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.