85R2686 MAW-D
By: Hall S.B. No. 108
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for certain felony offenses
committed by a person who is unlawfully present in the United
States.
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. In the trial of an offense punishable as a felony, other
than a capital felony, 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 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. If the court makes an affirmative finding
under Article 42.0151, Code of Criminal Procedure, in the trial of
an offense punishable as a felony, other than a first degree felony,
the punishment for the offense is increased to the punishment
prescribed for the next highest category of offense. If the offense
is a first degree felony, the defendant shall be punished by
imprisonment in the Texas Department of Criminal Justice for life
without parole.
SECTION 4. 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 5. This Act takes effect September 1, 2017.