| 1 | 1 | | 84R4256 LEH-D |
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| 2 | 2 | | By: Hall S.B. No. 1091 |
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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 criminal trespass by an unauthorized immigrant; |
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| 8 | 8 | | creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 30, Penal Code, is amended by adding |
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| 11 | 11 | | Section 30.055 to read as follows: |
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| 12 | 12 | | Sec. 30.055. CRIMINAL TRESPASS BY UNAUTHORIZED IMMIGRANT. |
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| 13 | 13 | | (a) A person commits an offense if the person: |
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| 14 | 14 | | (1) enters or remains on or in any public or private |
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| 15 | 15 | | property in this state; and |
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| 16 | 16 | | (2) fails to carry or have in the person's possession a |
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| 17 | 17 | | certificate of alien registration or an alien registration receipt |
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| 18 | 18 | | card in violation of 8 U.S.C. Section 1304(e). |
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| 19 | 19 | | (b) It is a defense to prosecution under this section that |
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| 20 | 20 | | the person charged produces to the court one of the documents |
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| 21 | 21 | | described by Subsection (a) that was valid at the time the offense |
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| 22 | 22 | | is alleged to have occurred. If the court verifies a document |
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| 23 | 23 | | produced under this subsection, the court shall dismiss the charge. |
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| 24 | 24 | | (c) On a plea of guilty or nolo contendere in a case for an |
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| 25 | 25 | | offense under Subsection (a), the judge shall defer further |
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| 26 | 26 | | proceedings without entering an adjudication of guilt on condition |
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| 27 | 27 | | that the defendant leave the United States not later than 30 days |
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| 28 | 28 | | after the date the defendant enters the plea. An order of deferral |
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| 29 | 29 | | under this subsection terminates any liability under a bail bond or |
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| 30 | 30 | | an appearance bond given for the charge. |
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| 31 | 31 | | (d) If, before the expiration of the period of the statute |
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| 32 | 32 | | of limitations for an offense under Subsection (a), the defendant |
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| 33 | 33 | | returns to the United States without obtaining proper documentation |
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| 34 | 34 | | required by federal law to enter or remain in the country, the court |
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| 35 | 35 | | in which the defendant's criminal case is pending shall issue a |
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| 36 | 36 | | warrant for the defendant's arrest and proceed on the criminal |
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| 37 | 37 | | case. |
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| 38 | 38 | | (e) Except as otherwise provided by this subsection, an |
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| 39 | 39 | | offense under this section is a Class B misdemeanor, with a maximum |
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| 40 | 40 | | fine of $4,500. An offense under this section is a state jail |
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| 41 | 41 | | felony, with a maximum fine of $11,000, if: |
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| 42 | 42 | | (1) it is shown on the trial of the offense that the |
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| 43 | 43 | | person has previously been finally convicted of an offense under |
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| 44 | 44 | | this section; or |
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| 45 | 45 | | (2) during the 60-month period preceding the date the |
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| 46 | 46 | | person was convicted of the offense, the person was removed from the |
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| 47 | 47 | | United States pursuant to 8 U.S.C. Section 1229a or accepted a |
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| 48 | 48 | | voluntary removal from the United States pursuant to 8 U.S.C. |
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| 49 | 49 | | Section 1229c. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2015. |
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