Texas 2023 - 88th Regular

Texas Senate Bill SB1620

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of unlawfully entering the United States, unlawfully bypassing certain law enforcement checkpoints, or evading an arrest or detention; increasing criminal penalties.

Impact

If enacted, SB1620 will significantly alter the legal landscape regarding how the state prosecutes offenses connected to illegal immigration and border security. By reclassifying specific misdemeanors and low-level felonies to harsher felony classifications, it will increase the potential punishments for individuals convicted of these offenses. This advocacy for increased penalties underlines a broader approach toward national security and immigration enforcement, reflecting the state's punitive stance and strategic leanings regarding illegal immigration.

Summary

SB1620 aims to amend various sections of the Texas Penal Code to increase penalties for criminal offenses related to unlawfully entering the United States, bypassing law enforcement checkpoints, or evading arrest. The proposed changes include establishing a presumption that individuals acted knowingly if they circumvented law enforcement check points and reclassifying certain offenses as felonies under specific conditions. The bill seeks to enhance accountability and deter illegal immigration-related activities by imposing stricter penalties. Particularly, it targets crimes committed during unlawful entry attempts or in the context of escaping law enforcement.

Sentiment

The discussion surrounding SB1620 appears to be polarized. Supporters argue that the increased penalties are necessary to deter illegal immigration and enhance public safety, asserting that tougher laws will send a clear message regarding state priorities on law enforcement. Conversely, opponents of the bill contend that escalating punishments may not effectively address the complexities of immigration, suggesting that it can lead to disproportionate consequences for vulnerable populations, as well as foster an atmosphere of fear among undocumented individuals versus criminal offenders.

Contention

The notable points of contention surrounding SB1620 relate to the implications of increasing penalties and redefining the legal interpretations concerning unlawfully entering the United States. Critics are particularly concerned that this could unfairly target individuals attempting to navigate immigration processes, fearing that severe penalties might overwhelm the existing judicial systems. The debate on this bill encapsulates a larger discourse about the balance between enforcing border laws and maintaining equitable treatment for those eligible for legal immigration opportunities.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: 05
  • Chapter 22. Assaultive Offenses
    • Section: New Section
  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: New Section
  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: 04
    • Section: 05

Companion Bills

TX HB65

Identical Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of avoiding certain law enforcement checkpoints or evading an arrest or detention; increasing criminal penalties.

Similar Bills

No similar bills found.