85R7004 MAW-D
By: Estes S.B. No. 1054
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for certain offenses
committed by a person who is unlawfully present in the United
States; changing eligibility for parole and mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 12 to read as follows:
Sec. 12. In addition to the information described by
Section 1, the judgment must reflect affirmative findings entered
pursuant to Article 42.0151.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0151 to read as follows:
Art. 42.0151. FINDING REGARDING DEFENDANT'S IMMIGRATION
STATUS. (a) In this article, "violent offense" has the meaning
assigned by Article 17.032.
(b) In the trial of a violent offense, the judge shall make
an affirmative finding of fact and enter the affirmative finding in
the judgment in the case if the judge determines that, at the time
of the offense, the defendant was not a citizen or national of the
United States and was not lawfully present in the United States.
SECTION 3. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1495 to read as follows:
Sec. 508.1495. RELEASE OF INMATE PENDING DEPORTATION. (a)
This section applies only to an inmate serving a sentence for a
violent offense, as defined by Article 17.032, Code of Criminal
Procedure:
(1) that was punished as a felony of the first degree,
other than an offense for which the punishment was enhanced under
Section 12.501, Penal Code; and
(2) for which an affirmative finding was entered in
the judgment pursuant to Article 42.0151, Code of Criminal
Procedure.
(b) Notwithstanding any other law, a parole panel may not
release on parole or to mandatory supervision an inmate to whom this
section applies unless:
(1) the parole panel determines that on release the
inmate would be deported to another country; and
(2) the inmate will be released only into the custody
of federal immigration authorities pending deportation.
SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.501 to read as follows:
Sec. 12.501. PENALTY IF OFFENSE COMMITTED BY DEFENDANT
UNLAWFULLY PRESENT. (a) In this section, "violent offense" has the
meaning assigned by Article 17.032, Code of Criminal Procedure.
(b) If the court makes an affirmative finding under Article
42.0151, Code of Criminal Procedure, in the trial of a violent
offense, other than an offense punishable as a felony of the first
degree, the punishment for the offense is increased to the
punishment prescribed for the next highest category of offense.
SECTION 5. The change in law made by this Act applies 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 on the date 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 6. This Act takes effect September 1, 2017.