| 1 | 1 | | By: Birdwell, et al. S.B. No. 2 |
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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 the creation of the criminal offense of improper entry |
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| 7 | 7 | | from a 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) In |
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| 12 | 12 | | this section, "alien" has the meaning assigned by 8 U.S.C. Section |
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| 13 | 13 | | 1101, as that provision existed on January 1, 2023. |
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| 14 | 14 | | (b) A person who is an alien commits an offense if the |
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| 15 | 15 | | person: |
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| 16 | 16 | | (1) enters or attempts to enter this state from a |
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| 17 | 17 | | foreign nation at any location other than a lawful point of entry; |
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| 18 | 18 | | (2) eludes examination or inspection by United States |
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| 19 | 19 | | immigration officers; or |
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| 20 | 20 | | (3) attempts to enter or obtains entry to this state |
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| 21 | 21 | | from a foreign nation by an intentionally false or misleading |
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| 22 | 22 | | representation or the intentional concealment of a material fact. |
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| 23 | 23 | | (c) An offense under this section is a Class A misdemeanor, |
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| 24 | 24 | | except that if it is shown on the trial of the offense that the |
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| 25 | 25 | | person has previously been finally convicted of: |
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| 26 | 26 | | (1) an offense under this section, the offense is a |
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| 27 | 27 | | state jail felony; |
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| 28 | 28 | | (2) a state jail felony described by Subdivision (1) |
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| 29 | 29 | | or any other felony not listed in Article 42A.054(a), Code of |
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| 30 | 30 | | Criminal Procedure, the offense is a felony of the second degree; or |
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| 31 | 31 | | (3) a felony listed in Article 42A.054(a), Code of |
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| 32 | 32 | | Criminal Procedure, the offense is a felony of the first degree. |
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| 33 | 33 | | (d) It is an affirmative defense to prosecution under this |
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| 34 | 34 | | section that: |
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| 35 | 35 | | (1) the actor has been granted a federal immigration |
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| 36 | 36 | | benefit entitling the actor to: |
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| 37 | 37 | | (A) lawful presence in the United States; or |
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| 38 | 38 | | (B) asylum under 8 U.S.C. Section 1158; |
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| 39 | 39 | | (2) the actor's conduct does not constitute a |
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| 40 | 40 | | violation of 8 U.S.C. Section 1325(a); or |
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| 41 | 41 | | (3) the actor was approved for benefits under the |
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| 42 | 42 | | federal Deferred Action for Childhood Arrivals program between June |
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| 43 | 43 | | 15, 2012, and July 16, 2021. |
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| 44 | 44 | | (e) For purposes of Subsection (d)(1), the following |
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| 45 | 45 | | federal programs do not confer federal immigration benefits |
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| 46 | 46 | | entitling the actor to lawful presence in the United States: |
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| 47 | 47 | | (1) the Deferred Action for Parents of Americans and |
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| 48 | 48 | | Lawful Permanent Residents; and |
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| 49 | 49 | | (2) any program not enacted by the United States |
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| 50 | 50 | | Congress that is a successor to or materially similar to the program |
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| 51 | 51 | | described by Subdivision (1) or Subsection (d)(3). |
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| 52 | 52 | | (f) A court may not abate the prosecution of an offense |
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| 53 | 53 | | under this section on the basis that a federal determination |
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| 54 | 54 | | regarding the immigration status of the actor is pending. |
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| 55 | 55 | | (g) A law enforcement officer of the Department of Public |
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| 56 | 56 | | Safety who arrests a person for an offense under this section shall, |
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| 57 | 57 | | to the extent feasible, detain the person in a facility established |
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| 58 | 58 | | under Operation Lone Star or a similar border security operation of |
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| 59 | 59 | | this state. |
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| 60 | 60 | | SECTION 2. It is the intent of the legislature that every |
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| 61 | 61 | | provision, section, subsection, sentence, clause, phrase, or word |
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| 62 | 62 | | in this Act, and every application of the provisions in this Act to |
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| 63 | 63 | | every person, group of persons, or circumstances, is severable from |
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| 64 | 64 | | each other. If any application of any provision in this Act to any |
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| 65 | 65 | | person, group of persons, or circumstances is found by a court to be |
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| 66 | 66 | | invalid for any reason, the remaining applications of that |
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| 67 | 67 | | provision to all other persons and circumstances shall be severed |
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| 68 | 68 | | and may not be affected. |
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| 69 | 69 | | SECTION 3. This Act takes effect August 1, 2023, if it |
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| 70 | 70 | | receives a vote of two-thirds of all the members elected to each |
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| 71 | 71 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 72 | 72 | | If this Act does not receive the vote necessary for effect on that |
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| 73 | 73 | | date, this Act takes effect on the 91st day after the last day of the |
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| 74 | 74 | | legislative session. |
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