82R4675 JAM-D
By: Williams S.B. No. 9
A BILL TO BE ENTITLED
AN ACT
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, [of this
code] or if the judgment contains an affirmative finding under
Section 3g(a)(2), Article 42.12, [of this code,] unless the
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 [he] will not
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 [he]
may earn. If the defendant is sentenced to a term of less than four
years, the defendant [he] must serve at least two years before the
defendant [he] is eligible for parole. Eligibility for parole does
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 [he is]
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 [except one designed to
protect life and property and may not enforce a law] regulating the
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 [except one
designed to protect life and property and 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, [or for] an offense for
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; [or]
(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.) [known to be pregnant];
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; [and]
(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 [CERTAIN] CRIMINAL
STREET GANGS. (a) A person commits an offense if the person
knowingly [initiates, organizes, plans,] finances, directs,
[manages,] or supervises [a criminal street gang or] members of a
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 [with the
intent to benefit, promote, or further the interests of the
criminal street gang or to increase the person's standing,
position, or status in the criminal street gang].
(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.
[(c) Notwithstanding Section 71.01, in this section,
"criminal street gang" means:
[(1) an organization that:
[(A) has more than 10 members whose names are
included in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(B) has a hierarchical structure that has been
documented in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(C) engages in profit-sharing among two or more
members of the organization; and
[(D) in one or more regions of this state served
by different regional councils of government, continuously or
regularly engages in conduct:
[(i) that constitutes an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
[(ii) in which it is alleged that a deadly
weapon is used or exhibited during the commission of or immediate
flight from the commission of any felony offense; or
[(iii) that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code; or
[(2) an organization that, in collaboration with an
organization described by Subdivision (1), engages in conduct or
commits an offense or conspires to engage in conduct or commit an
offense described by Subdivision (1)(D).]
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; [and]
(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.