82R503 VOO-F
By: Riddle H.B. No. 17
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of criminal trespass by an
illegal alien and to certain procedures for arresting illegal
aliens for committing that criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.055 to read as follows:
Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIEN. (a) A
person commits an offense if the person:
(1) is a citizen of any country other than the United
States; and
(2) enters or remains on or in any public or private
property in this state in violation of 8 U.S.C. Section 1325 or
1326.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. Article 14.03, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) A peace officer may arrest, without a warrant, a person
who the officer has probable cause to believe has committed an
offense under Section 30.055, Penal Code, if the peace officer:
(1) at the time of arrest, is acting on a reasonable
suspicion that the person is committing or has committed another
offense for which the peace officer, under the circumstances
described by this article, may arrest the person without a warrant;
and
(2) before making the arrest, seeks and receives
confirmation from the United States Immigration and Customs
Enforcement component of the United States Department of Homeland
Security that the person is an alien who is present in the United
States in violation of 8 U.S.C. Section 1325 or 1326.
SECTION 3. This Act takes effect September 1, 2011.