| 1 | 1 | | 85R2686 MAW-D |
|---|
| 2 | 2 | | By: Hall S.B. No. 108 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to increasing the punishment for certain felony offenses |
|---|
| 8 | 8 | | committed by a person who is unlawfully present in the United |
|---|
| 9 | 9 | | States. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 42.01, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Section 12 to read as follows: |
|---|
| 13 | 13 | | Sec. 12. In addition to the information described by |
|---|
| 14 | 14 | | Section 1, the judgment must reflect affirmative findings entered |
|---|
| 15 | 15 | | pursuant to Article 42.0151. |
|---|
| 16 | 16 | | SECTION 2. Chapter 42, Code of Criminal Procedure, is |
|---|
| 17 | 17 | | amended by adding Article 42.0151 to read as follows: |
|---|
| 18 | 18 | | Art. 42.0151. FINDING REGARDING DEFENDANT'S IMMIGRATION |
|---|
| 19 | 19 | | STATUS. In the trial of an offense punishable as a felony, other |
|---|
| 20 | 20 | | than a capital felony, the judge shall make an affirmative finding |
|---|
| 21 | 21 | | of fact and enter the affirmative finding in the judgment in the |
|---|
| 22 | 22 | | case if the judge determines that, at the time of the offense, the |
|---|
| 23 | 23 | | defendant was not a citizen or national of the United States and was |
|---|
| 24 | 24 | | not lawfully present in the United States. |
|---|
| 25 | 25 | | SECTION 3. Subchapter D, Chapter 12, Penal Code, is amended |
|---|
| 26 | 26 | | by adding Section 12.501 to read as follows: |
|---|
| 27 | 27 | | Sec. 12.501. PENALTY IF OFFENSE COMMITTED BY DEFENDANT |
|---|
| 28 | 28 | | UNLAWFULLY PRESENT. If the court makes an affirmative finding |
|---|
| 29 | 29 | | under Article 42.0151, Code of Criminal Procedure, in the trial of |
|---|
| 30 | 30 | | an offense punishable as a felony, other than a first degree felony, |
|---|
| 31 | 31 | | the punishment for the offense is increased to the punishment |
|---|
| 32 | 32 | | prescribed for the next highest category of offense. If the offense |
|---|
| 33 | 33 | | is a first degree felony, the defendant shall be punished by |
|---|
| 34 | 34 | | imprisonment in the Texas Department of Criminal Justice for life |
|---|
| 35 | 35 | | without parole. |
|---|
| 36 | 36 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
|---|
| 38 | 38 | | An offense committed before the effective date of this Act is |
|---|
| 39 | 39 | | governed by the law in effect on the date the offense was committed, |
|---|
| 40 | 40 | | and the former law is continued in effect for that purpose. For |
|---|
| 41 | 41 | | purposes of this section, an offense was committed before the |
|---|
| 42 | 42 | | effective date of this Act if any element of the offense occurred |
|---|
| 43 | 43 | | before that date. |
|---|
| 44 | 44 | | SECTION 5. This Act takes effect September 1, 2017. |
|---|