By: Hopper H.B. No. 1303
A BILL TO BE ENTITLED
AN ACT
relating to certain criminal offenses involving illegal entry into
or illegal presence in this state by a person who is an alien,
including the enforcement of those offenses; increasing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5B.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.
Notwithstanding any other law, a peace officer may not arrest or
detain a person for purposes of enforcing a provision of Chapter 51,
Penal Code, if the person is on the premises or grounds of:
(1) [a public or private primary or secondary school
for educational purposes;
[(2) a church, synagogue, or other established place
of religious worship;
[(3)] a health care facility, as defined by Section
161.471, Health and Safety Code, including a facility a state
agency maintains or operates to provide health care, or the office
of a health care provider, as defined by Section 161.471, Health and
Safety Code, provided that the person is on the premises or grounds
of the facility or office for the purpose of receiving medical
treatment relating to an offense committed against the person; or
(2) [(4)] a SAFE-ready facility, as defined by Section
323.001, Health and Safety Code, or another facility that provides
forensic medical examinations to sexual assault survivors in
accordance with Chapter 323, Health and Safety Code, provided that
the person is on the premises or grounds of the facility for
purposes of obtaining a forensic medical examination and treatment.
SECTION 2. Section 51.02(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a state jail felony
[Class B misdemeanor], except that the offense is a [state jail]
felony of the third degree if it is shown on the trial of the offense
that the defendant has been previously convicted of an offense
under this section.
SECTION 3. Section 51.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree [Class A misdemeanor], except that the offense is:
(1) a felony of the second [third] degree if:
(A) the defendant's removal was subsequent to a
conviction for commission of two or more misdemeanors involving
drugs, crimes against a person, or both;
(B) the defendant was excluded pursuant to 8
U.S.C. Section 1225(c) because the defendant was excludable under 8
U.S.C. Section 1182(a)(3)(B);
(C) the defendant was removed pursuant to the
provisions of 8 U.S.C. Chapter 12, Subchapter V; or
(D) the defendant was removed pursuant to 8
U.S.C. Section 1231(a)(4)(B); or
(2) a felony of the first [second] degree if the
defendant was removed subsequent to a conviction for the commission
of a felony.
SECTION 4. Section 51.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the first
[second] degree.
SECTION 5. Sections 51.02(c) and (d), Penal Code, are
repealed.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2025.