| 1 | 1 | | By: Toth H.B. No. 5270 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to creation of the criminal offense of improper entry from |
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| 7 | 7 | | foreign nation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 10 | 10 | | Section 38.20 to read as follows: |
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| 11 | 11 | | Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) A |
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| 12 | 12 | | person who is not a citizen or national of the United State commits |
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| 13 | 13 | | an offense if the person: |
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| 14 | 14 | | (1) enters or attempts to enter this state from a |
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| 15 | 15 | | foreign nation at any time or place other than as designated by |
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| 16 | 16 | | United States immigration officers; |
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| 17 | 17 | | (2) eludes examination or inspection by United States |
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| 18 | 18 | | immigration officers; or |
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| 19 | 19 | | (3) attempts to enter or obtains entry to this state |
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| 20 | 20 | | from a foreign nation by an intentionally false or misleading |
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| 21 | 21 | | representation or the intentional concealment of a material fact. |
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| 22 | 22 | | (b) An offense under this section is a Class A misdemeanor, |
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| 23 | 23 | | except that if it is shown on the trial of the offense that the |
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| 24 | 24 | | person has previously been finally convicted of: |
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| 25 | 25 | | (1) an offense under this section, the offense is a |
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| 26 | 26 | | state jail felony; |
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| 27 | 27 | | (2) a state jail felony described by Subdivision (1) |
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| 28 | 28 | | or any other felony not listed in Article 42A.054(a), Code of |
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| 29 | 29 | | Criminal Procedure, the offense is a felony of the second degree; or |
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| 30 | 30 | | (3) a felony listed in Article 42A.054(a), Code of |
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| 31 | 31 | | Criminal Procedure, the offense is a felony of the first degree. |
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| 32 | 32 | | SECTION 2. This Act takes effect July 1, 2023, if it |
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| 33 | 33 | | receives a vote of two-thirds of all the members elected to each |
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| 34 | 34 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 35 | 35 | | If this Act does not receive the vote necessary for effect on that |
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| 36 | 36 | | date the Act takes effect September 1, 2023. |
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