| 1 | 1 | | By: Hopper H.B. No. 1303 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to certain criminal offenses involving illegal entry into |
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| 9 | 9 | | or illegal presence in this state by a person who is an alien, |
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| 10 | 10 | | including the enforcement of those offenses; increasing criminal |
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| 11 | 11 | | penalties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 5B.001, Code of Criminal Procedure, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS. |
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| 16 | 16 | | Notwithstanding any other law, a peace officer may not arrest or |
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| 17 | 17 | | detain a person for purposes of enforcing a provision of Chapter 51, |
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| 18 | 18 | | Penal Code, if the person is on the premises or grounds of: |
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| 19 | 19 | | (1) [a public or private primary or secondary school |
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| 20 | 20 | | for educational purposes; |
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| 21 | 21 | | [(2) a church, synagogue, or other established place |
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| 22 | 22 | | of religious worship; |
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| 23 | 23 | | [(3)] a health care facility, as defined by Section |
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| 24 | 24 | | 161.471, Health and Safety Code, including a facility a state |
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| 25 | 25 | | agency maintains or operates to provide health care, or the office |
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| 26 | 26 | | of a health care provider, as defined by Section 161.471, Health and |
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| 27 | 27 | | Safety Code, provided that the person is on the premises or grounds |
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| 28 | 28 | | of the facility or office for the purpose of receiving medical |
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| 29 | 29 | | treatment relating to an offense committed against the person; or |
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| 30 | 30 | | (2) [(4)] a SAFE-ready facility, as defined by Section |
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| 31 | 31 | | 323.001, Health and Safety Code, or another facility that provides |
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| 32 | 32 | | forensic medical examinations to sexual assault survivors in |
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| 33 | 33 | | accordance with Chapter 323, Health and Safety Code, provided that |
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| 34 | 34 | | the person is on the premises or grounds of the facility for |
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| 35 | 35 | | purposes of obtaining a forensic medical examination and treatment. |
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| 36 | 36 | | SECTION 2. Section 51.02(b), Penal Code, is amended to read |
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| 37 | 37 | | as follows: |
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| 38 | 38 | | (b) An offense under this section is a state jail felony |
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| 39 | 39 | | [Class B misdemeanor], except that the offense is a [state jail] |
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| 40 | 40 | | felony of the third degree if it is shown on the trial of the offense |
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| 41 | 41 | | that the defendant has been previously convicted of an offense |
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| 42 | 42 | | under this section. |
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| 43 | 43 | | SECTION 3. Section 51.03(b), Penal Code, is amended to read |
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| 44 | 44 | | as follows: |
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| 45 | 45 | | (b) An offense under this section is a felony of the third |
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| 46 | 46 | | degree [Class A misdemeanor], except that the offense is: |
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| 47 | 47 | | (1) a felony of the second [third] degree if: |
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| 48 | 48 | | (A) the defendant's removal was subsequent to a |
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| 49 | 49 | | conviction for commission of two or more misdemeanors involving |
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| 50 | 50 | | drugs, crimes against a person, or both; |
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| 51 | 51 | | (B) the defendant was excluded pursuant to 8 |
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| 52 | 52 | | U.S.C. Section 1225(c) because the defendant was excludable under 8 |
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| 53 | 53 | | U.S.C. Section 1182(a)(3)(B); |
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| 54 | 54 | | (C) the defendant was removed pursuant to the |
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| 55 | 55 | | provisions of 8 U.S.C. Chapter 12, Subchapter V; or |
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| 56 | 56 | | (D) the defendant was removed pursuant to 8 |
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| 57 | 57 | | U.S.C. Section 1231(a)(4)(B); or |
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| 58 | 58 | | (2) a felony of the first [second] degree if the |
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| 59 | 59 | | defendant was removed subsequent to a conviction for the commission |
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| 60 | 60 | | of a felony. |
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| 61 | 61 | | SECTION 4. Section 51.04(b), Penal Code, is amended to read |
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| 62 | 62 | | as follows: |
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| 63 | 63 | | (b) An offense under this section is a felony of the first |
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| 64 | 64 | | [second] degree. |
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| 65 | 65 | | SECTION 5. Sections 51.02(c) and (d), Penal Code, are |
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| 66 | 66 | | repealed. |
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| 67 | 67 | | SECTION 6. The changes in law made by this Act apply only to |
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| 68 | 68 | | an offense committed on or after the effective date of this Act. An |
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| 69 | 69 | | offense committed before the effective date of this Act is governed |
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| 70 | 70 | | by the law in effect on the date the offense was committed, and the |
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| 71 | 71 | | former law is continued in effect for that purpose. For purposes of |
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| 72 | 72 | | this section, an offense was committed before the effective date of |
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| 73 | 73 | | this Act if any element of the offense occurred before that date. |
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| 74 | 74 | | SECTION 7. This Act takes effect September 1, 2025. |
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