Texas House Bill HB1303

Texas 2025 - 89th Regular

• Filed: 11/13/24

Caption

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.

Impact

The implications of HB1303 are significant, as it alters existing penal code sections that govern the treatment of individuals unlawfully present in Texas. By establishing harsher penalties, the bill intends to assert stricter control over illegal immigration, which proponents argue is necessary for public safety and resource management. The enhancements in penalties reflect a trend towards tougher immigration enforcement and underscore the state's stance on illegal immigration issues.

Summary

House Bill 1303 addresses issues related to illegal entry into Texas by individuals classified as aliens. The bill seeks to strengthen the enforcement of certain criminal offenses related to illegal presence in the state. Specifically, it aims to increase the penalties associated with such offenses, categorizing them as felony charges based on previous convictions and the circumstances of the individual's removal. For instance, the bill proposes penalties ranging from state jail felonies to first-degree felonies, depending on the defendant's criminal history and the nature of their illegal status.

Contention

Notable contentions surrounding HB1303 include debates on the balance between enforcing immigration laws and protecting the rights of individuals. Critics argue that increasing penalties for illegal entry could lead to disproportionate consequences, potentially exacerbating issues related to racial profiling and undermining community trust in law enforcement. Furthermore, the bill has implications for various state laws relating to the treatment of immigrants, raising concerns about fairness and justice within the legal system. The effective date set for September 1, 2025, allows for further discussions on these issues leading up to its enactment.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 5. Family Violence Prevention
  • Section: New Section

Penal Code

• Chapter 51. Illegal Entry Into This State
  • Section: 02
  • Section: 03
  • Section: 04
  • Section: New Section

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: 471

• Chapter 323. Emergency Services And Forensic Examination Programs For Survivors Of Sexual Assault
  • Section: New Section