| 1 | 1 | | 89R13035 MCF-D |
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| 2 | 2 | | By: Morgan H.B. No. 3790 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to increasing the criminal penalty for certain offenses |
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| 10 | 10 | | committed by an alien. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 42.01992 to read as follows: |
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| 14 | 14 | | Art. 42.01992. FINDING THAT OFFENSE WAS COMMITTED BY ALIEN. |
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| 15 | 15 | | (a) In this article, "alien" has the meaning assigned by Section |
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| 16 | 16 | | 51.01, Penal Code. |
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| 17 | 17 | | (b) In the trial of an offense, other than a traffic offense |
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| 18 | 18 | | that is punishable by fine only, the judge shall make an affirmative |
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| 19 | 19 | | finding of fact and enter the affirmative finding in the judgment of |
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| 20 | 20 | | the case if at the guilt or innocence phase of the trial, the judge |
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| 21 | 21 | | or the jury, whichever is the trier of fact, determines beyond a |
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| 22 | 22 | | reasonable doubt that the defendant was an alien at the time of the |
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| 23 | 23 | | offense. |
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| 24 | 24 | | SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended |
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| 25 | 25 | | by adding Section 12.503 to read as follows: |
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| 26 | 26 | | Sec. 12.503. PENALTY IF OFFENSE COMMITTED BY ALIEN. (a) |
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| 27 | 27 | | Subject to Subsections (b) and (c), if an affirmative finding under |
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| 28 | 28 | | Article 42.01992, Code of Criminal Procedure, is made in the trial |
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| 29 | 29 | | of an offense other than a capital felony, the punishment for the |
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| 30 | 30 | | offense is increased to the punishment prescribed for the next |
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| 31 | 31 | | highest category of offense. |
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| 32 | 32 | | (b) If an offense described by Subsection (a) is punishable |
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| 33 | 33 | | as a felony of the first degree, the minimum term of imprisonment |
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| 34 | 34 | | for the offense is increased to 7 years unless another provision of |
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| 35 | 35 | | law applicable to the offense provides for a minimum term of |
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| 36 | 36 | | imprisonment of 7 years or more. |
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| 37 | 37 | | (c) If an offense described by Subsection (a) is punishable |
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| 38 | 38 | | as a Class A misdemeanor, the minimum term of confinement for the |
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| 39 | 39 | | offense is increased to 180 days unless another provision of law |
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| 40 | 40 | | applicable to the offense provides for a minimum term of |
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| 41 | 41 | | confinement of 180 days or more. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to an offense committed on or after the effective date of this Act. |
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| 44 | 44 | | An offense committed before the effective date of this Act is |
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| 45 | 45 | | governed by the law in effect on the date the offense was committed, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. For |
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| 47 | 47 | | purposes of this section, an offense was committed before the |
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| 48 | 48 | | effective date of this Act if any element of the offense occurred |
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| 49 | 49 | | before that date. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2025. |
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