| 1 | 1 | | 86R14364 ADM-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 4453 |
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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 creating the criminal offense of retaliation involving |
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| 8 | 8 | | immigration status. |
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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 36, Penal Code, is amended by adding |
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| 11 | 11 | | Section 36.061 to read as follows: |
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| 12 | 12 | | Sec. 36.061. RETALIATION INVOLVING IMMIGRATION STATUS. (a) |
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| 13 | 13 | | A person commits an offense if the person, with the intent to |
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| 14 | 14 | | prevent or delay the service of another as a prospective informant |
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| 15 | 15 | | or witness, intentionally or knowingly: |
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| 16 | 16 | | (1) reports or threatens to report the other person's |
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| 17 | 17 | | immigration status to United States Immigration and Customs |
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| 18 | 18 | | Enforcement or another law enforcement agency; or |
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| 19 | 19 | | (2) destroys or withholds, or threatens to destroy or |
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| 20 | 20 | | withhold, a form of government-issued identifying documentation |
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| 21 | 21 | | issued to the other person. |
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| 22 | 22 | | (b) Except as provided by Subsection (c), an offense under |
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| 23 | 23 | | this section is a felony of the third degree. |
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| 24 | 24 | | (c) An offense under this section is a felony of the second |
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| 25 | 25 | | degree if the victim was a prospective informant in the |
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| 26 | 26 | | investigation of, or a prospective witness in the prosecution of, |
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| 27 | 27 | | an offense: |
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| 28 | 28 | | (1) involving family violence, as defined by Section |
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| 29 | 29 | | 71.004, Family Code; or |
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| 30 | 30 | | (2) under Section 20A.02, 20A.03, 21.02, 21.11, |
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| 31 | 31 | | 22.011, or 22.021, Penal Code. |
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| 32 | 32 | | (d) If conduct that constitutes an offense under this |
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| 33 | 33 | | section also constitutes an offense under any other law, the actor |
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| 34 | 34 | | may be prosecuted under this section or the other law. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect on the date the offense was committed, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. For |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2019. |
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