| 1 | 1 | | 81R115 KEL-D |
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| 2 | 2 | | By: Riddle H.B. No. 49 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the offense of criminal trespass by |
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| 8 | 8 | | illegal aliens and to certain procedures for arresting illegal |
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| 9 | 9 | | aliens suspected of committing criminal offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 30, Penal Code, is amended by adding |
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| 12 | 12 | | Section 30.055 to read as follows: |
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| 13 | 13 | | Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIENS. (a) A |
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| 14 | 14 | | person commits an offense if the person: |
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| 15 | 15 | | (1) is a citizen of any country other than the United |
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| 16 | 16 | | States; and |
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| 17 | 17 | | (2) enters or remains on or in any public or private |
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| 18 | 18 | | property in this state in violation of 8 U.S.C. Section 1325 or |
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| 19 | 19 | | 1326. |
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| 20 | 20 | | (b) An offense under this section is a Class B misdemeanor. |
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| 21 | 21 | | SECTION 2. Article 14.03, Code of Criminal Procedure, is |
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| 22 | 22 | | amended by adding Subsection (h) to read as follows: |
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| 23 | 23 | | (h)(1) In the course of acting on a reasonable suspicion |
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| 24 | 24 | | that a person is committing or has committed an offense, including |
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| 25 | 25 | | an offense under Section 30.055, Penal Code, a peace officer may |
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| 26 | 26 | | arrest the person without a warrant if the peace officer before |
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| 27 | 27 | | making the arrest seeks and receives confirmation from the United |
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| 28 | 28 | | States Immigration and Customs Enforcement component of the United |
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| 29 | 29 | | States Department of Homeland Security that the person is an alien |
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| 30 | 30 | | who is present in the United States in violation of 8 U.S.C. Section |
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| 31 | 31 | | 1325 or 1326. |
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| 32 | 32 | | (2) On receiving the confirmation described by |
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| 33 | 33 | | Subdivision (1), the peace officer immediately shall take the |
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| 34 | 34 | | person before a magistrate in compliance with Article 14.06. After |
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| 35 | 35 | | placing under oath and questioning the peace officer and on a |
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| 36 | 36 | | finding of probable cause to believe the person arrested is an alien |
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| 37 | 37 | | who is present in the United States in violation of 8 U.S.C. Section |
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| 38 | 38 | | 1325 or 1326, the magistrate may issue a state warrant under this |
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| 39 | 39 | | subsection. The warrant must specify the applicable violation or |
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| 40 | 40 | | violations of federal criminal law as previously confirmed with the |
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| 41 | 41 | | United States Department of Homeland Security as described by |
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| 42 | 42 | | Subdivision (1). A warrant issued under this subsection expires on |
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| 43 | 43 | | the earlier of: |
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| 44 | 44 | | (A) the time the person is transferred into |
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| 45 | 45 | | federal custody; or |
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| 46 | 46 | | (B) 72 hours after issuance. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2009. |
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