Hopper’s bill raising penalties for illegal entry offenses

The text as introduced · 617 words

By: Hopper
H.B. No. 1303

A BILL TO BE ENTITLED

AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 5B.001, Code of Criminal Procedure, is

amended to read as follows:

Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.

Notwithstanding any other law, a peace officer may not arrest or

detain a person for purposes of enforcing a provision of Chapter 51,

Penal Code, if the person is on the premises or grounds of:

(1) [ a public or private primary or secondary school

for educational purposes;

[ (2) a church, synagogue, or other established place

of religious worship;

[ (3) ] a health care facility, as defined by Section

161.471, Health and Safety Code, including a facility a state

agency maintains or operates to provide health care, or the office

of a health care provider, as defined by Section 161.471, Health and

Safety Code, provided that the person is on the premises or grounds

of the facility or office for the purpose of receiving medical

treatment relating to an offense committed against the person ; or

(2) [ (4) ] a SAFE-ready facility, as defined by Section

323.001, Health and Safety Code, or another facility that provides

forensic medical examinations to sexual assault survivors in

accordance with Chapter 323, Health and Safety Code, provided that

the person is on the premises or grounds of the facility for

purposes of obtaining a forensic medical examination and treatment.

SECTION 2. Section 51.02(b), Penal Code, is amended to read

as follows:

(b) An offense under this section is a state jail felony

[ Class B misdemeanor ], except that the offense is a [ state jail ]

felony of the third degree if it is shown on the trial of the offense

that the defendant has been previously convicted of an offense

under this section.

SECTION 3. Section 51.03(b), Penal Code, is amended to read

as follows:

(b) An offense under this section is a felony of the third

degree [ Class A misdemeanor ], except that the offense is:

(1) a felony of the second [ third ] degree if:

(A) the defendant's removal was subsequent to a

conviction for commission of two or more misdemeanors involving

drugs, crimes against a person, or both;

(B) the defendant was excluded pursuant to 8

U.S.C. Section 1225(c) because the defendant was excludable under 8

U.S.C. Section 1182(a)(3)(B);

(C) the defendant was removed pursuant to the

provisions of 8 U.S.C. Chapter 12, Subchapter V; or

(D) the defendant was removed pursuant to 8

U.S.C. Section 1231(a)(4)(B); or

(2) a felony of the first [ second ] degree if the

defendant was removed subsequent to a conviction for the commission

of a felony.

SECTION 4. Section 51.04(b), Penal Code, is amended to read

as follows:

(b) An offense under this section is a felony of the first

[ second ] degree.

SECTION 5. Sections 51.02(c) and (d), Penal Code, are

repealed.

SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2025.