89R13035 MCF-D
By: Morgan H.B. No. 3790
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain offenses
committed by an alien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.01992 to read as follows:
Art. 42.01992. FINDING THAT OFFENSE WAS COMMITTED BY ALIEN.
(a) In this article, "alien" has the meaning assigned by Section
51.01, Penal Code.
(b) In the trial of an offense, other than a traffic offense
that is punishable by fine only, the judge shall make an affirmative
finding of fact and enter the affirmative finding in the judgment of
the case if at the guilt or innocence phase of the trial, the judge
or the jury, whichever is the trier of fact, determines beyond a
reasonable doubt that the defendant was an alien at the time of the
offense.
SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.503 to read as follows:
Sec. 12.503. PENALTY IF OFFENSE COMMITTED BY ALIEN. (a)
Subject to Subsections (b) and (c), if an affirmative finding under
Article 42.01992, Code of Criminal Procedure, is made in the trial
of an offense other than a capital felony, the punishment for the
offense is increased to the punishment prescribed for the next
highest category of offense.
(b) If an offense described by Subsection (a) is punishable
as a felony of the first degree, the minimum term of imprisonment
for the offense is increased to 7 years unless another provision of
law applicable to the offense provides for a minimum term of
imprisonment of 7 years or more.
(c) If an offense described by Subsection (a) is punishable
as a Class A misdemeanor, the minimum term of confinement for the
offense is increased to 180 days unless another provision of law
applicable to the offense provides for a minimum term of
confinement of 180 days or more.
SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2025.