Texas 2025 - 89th Regular

Texas House Bill HB1832 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R9300 JRR-F
2		-	By: Gerdes, Olcott, Pierson H.B. No. 1832
	2	+	By: Gerdes H.B. No. 1832
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3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the punishment for certain criminal offenses involving
8	10		illegal entry into or illegal presence in this state by a person who
9	11		is an alien; increasing criminal penalties.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. This Act may be cited as the Dangerous Aliens
12	14		Act.
13	15		SECTION 2. Section 51.02(b), Penal Code, is amended to read
14	16		as follows:
15	17		(b) An offense under this section is a Class B misdemeanor,
16	18		except that the offense is a state jail felony if it is shown on the
17	19		trial of the offense that the defendant has been previously
18	20		convicted of an offense:
19	21		(1) under this section;
20	22		(2) under Chapter 49, other than Section 49.02 or
21	23		49.031;
22	24		(3) under the laws of another state or foreign country
23	25		involving an offense containing elements that are substantially
24	26		similar to the elements of an offense described by Subdivision (2);
25	27		or
26	28		(4) involving drugs or crimes against a person.
27	29		SECTION 3. Section 51.03(b), Penal Code, is amended to read
28	30		as follows:
29	31		(b) An offense under this section is a Class A misdemeanor,
30	32		except that the offense is:
31	33		(1) a felony of the third degree if:
32	34		(A) the defendant's removal was subsequent to a
33	35		conviction for commission of one or two [or more] misdemeanors:
34	36		(i) under Chapter 49, other than Section
35	37		49.02 or 49.031;
36	38		(ii) under the laws of another state or
37	39		foreign country involving an offense containing elements that are
38	40		substantially similar to the elements of an offense described by
39	41		Subparagraph (i); or
40	42		(iii) involving drugs or [,] crimes against
41	43		a person[, or both];
42	44		(B) the defendant was excluded pursuant to 8
43	45		U.S.C. Section 1225(c) because the defendant was excludable under 8
44	46		U.S.C. Section 1182(a)(3)(B);
45	47		(C) the defendant was removed pursuant to the
46	48		provisions of 8 U.S.C. Chapter 12, Subchapter V; or
47	49		(D) the defendant was removed pursuant to 8
48	50		U.S.C. Section 1231(a)(4)(B); [or]
49	51		(2) a felony of the second degree if the defendant was
50	52		removed subsequent to a conviction for the commission of:
51	53		(A) three or more misdemeanors described by
52	54		Subdivision (1)(A); or
53	55		(B) a felony other than a felony described by
54	56		Subdivision (3); or
55	57		(3) a felony of the first degree if the defendant was
56	58		removed subsequent to a conviction for the commission of a felony:
57	59		(A) under Title 5 of this code; or
58	60		(B) under the laws of another state or foreign
59	61		country involving an offense containing elements that are
60	62		substantially similar to the elements of an offense described by
61	63		Paragraph (A).
62	64		SECTION 4. Section 51.04(b), Penal Code, is amended to read
63	65		as follows:
64	66		(b) An offense under this section is a felony of the second
65	67		degree, except that the offense is a felony of the first degree if
66	68		the offense described by Subsection (a)(1) with which the person
67	69		has been charged or of which the person was convicted is an offense
68	70		under Section 51.03 that is punishable under Subsection (b)(3) of
69	71		that section.
70	72		SECTION 5. The changes in law made by this Act apply only to
71	73		an offense committed on or after the effective date of this Act. An
72	74		offense committed before the effective date of this Act is governed
73	75		by the law in effect on the date the offense was committed, and the
74	76		former law is continued in effect for that purpose. For purposes of
75	77		this section, an offense was committed before the effective date of
76	78		this Act if any element of the offense occurred before that date.
77	79		SECTION 6. This Act takes effect September 1, 2025.