Texas 2025 - 89th Regular

Texas Senate Bill SB1099 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Flores, Schwertner S.B. No. 1099
2		-
3		-
	1	+	By: Flores S.B. No. 1099
	2	+	(In the Senate - Filed February 4, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 1; April 10, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1099 By: Parker
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to increasing the criminal penalty for certain offenses
9	14		committed by an illegal alien.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 42, Code of Criminal Procedure, is
12	17		amended by adding Article 42.01992 to read as follows:
13	18		Art. 42.01992. FINDING THAT OFFENSE WAS COMMITTED BY
14	19		ILLEGAL ALIEN. (a) In this article, "illegal alien" means an alien
15	20		who:
16	21		(1) before the date of the commission of the offense:
17	22		(A) entered the United States without inspection
18	23		or at any time or any place other than as designated by the United
19	24		States attorney general; or
20	25		(B) was admitted as a nonimmigrant and failed to
21	26		maintain the nonimmigrant status under which the alien was admitted
22	27		or to which it was changed under Section 248, Immigration and
23	28		Nationality Act (8 U.S.C. Section 1258), or to comply with the
24	29		conditions of the alien's status; and
25	30		(2) did not attain and maintain legal status before
26	31		the date of the commission of the offense.
27	32		(b) In the trial of an offense listed in Article 42A.054(a),
28	33		the judge shall make an affirmative finding of fact and enter the
29	34		affirmative finding in the judgment of the case if at the guilt or
30	35		innocence phase of the trial, the judge or the jury, whichever is
31	36		the trier of fact, determines beyond a reasonable doubt that the
32	37		defendant was an illegal alien at the time of the offense.
33	38		SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended
34	39		by adding Section 12.503 to read as follows:
35	40		Sec. 12.503. PENALTY IF OFFENSE COMMITTED BY ILLEGAL ALIEN.
36	41		(a) Subject to Subsection (b), if an affirmative finding under
37	42		Article 42.01992, Code of Criminal Procedure, is made in the trial
38	43		of a felony offense other than a capital felony, the punishment for
39	44		the offense is increased to the punishment prescribed for the next
40	45		highest category of offense.
41	46		(b) If an offense described by Subsection (a) is punishable
42	47		as a felony of the first degree, the minimum term of imprisonment
43	48		for the offense is increased to 15 years unless another provision of
44	49		law applicable to the offense provides for a minimum term of
45	50		imprisonment of 15 years or more.
46	51		SECTION 3. The change in law made by this Act applies only
47	52		to an offense committed on or after the effective date of this Act.
48	53		An offense committed before the effective date of this Act is
49	54		governed by the law in effect on the date the offense was committed,
50	55		and the former law is continued in effect for that purpose. For
51	56		purposes of this section, an offense was committed before the
52	57		effective date of this Act if any element of the offense occurred
53	58		before that date.
54	59		SECTION 4. This Act takes effect September 1, 2025.
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