Bill Text: TX SB1091 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to criminal trespass by an unauthorized immigrant; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-16 - Referred to State Affairs [SB1091 Detail]

Download: Texas-2015-SB1091-Introduced.html
  84R4256 LEH-D
 
  By: Hall S.B. No. 1091
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal trespass by an unauthorized immigrant;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 30, Penal Code, is amended by adding
  Section 30.055 to read as follows:
         Sec. 30.055.  CRIMINAL TRESPASS BY UNAUTHORIZED IMMIGRANT.
  (a) A person commits an offense if the person:
               (1)  enters or remains on or in any public or private
  property in this state; and 
               (2)  fails to carry or have in the person's possession a
  certificate of alien registration or an alien registration receipt
  card in violation of 8 U.S.C. Section 1304(e).
         (b)  It is a defense to prosecution under this section that
  the person charged produces to the court one of the documents
  described by Subsection (a) that was valid at the time the offense
  is alleged to have occurred. If the court verifies a document
  produced under this subsection, the court shall dismiss the charge.
         (c)  On a plea of guilty or nolo contendere in a case for an
  offense under Subsection (a), the judge shall defer further
  proceedings without entering an adjudication of guilt on condition
  that the defendant leave the United States not later than 30 days
  after the date the defendant enters the plea. An order of deferral
  under this subsection terminates any liability under a bail bond or
  an appearance bond given for the charge.
         (d)  If, before the expiration of the period of the statute
  of limitations for an offense under Subsection (a), the defendant
  returns to the United States without obtaining proper documentation
  required by federal law to enter or remain in the country, the court
  in which the defendant's criminal case is pending shall issue a
  warrant for the defendant's arrest and proceed on the criminal
  case. 
         (e)  Except as otherwise provided by this subsection, an
  offense under this section is a Class B misdemeanor, with a maximum
  fine of $4,500. An offense under this section is a state jail
  felony, with a maximum fine of $11,000, if:
               (1)  it is shown on the trial of the offense that the
  person has previously been finally convicted of an offense under
  this section; or
               (2)  during the 60-month period preceding the date the
  person was convicted of the offense, the person was removed from the
  United States pursuant to 8 U.S.C. Section 1229a or accepted a
  voluntary removal from the United States pursuant to 8 U.S.C.
  Section 1229c.
         SECTION 2.  This Act takes effect September 1, 2015.
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