| By: Birdwell, et al. | S.B. No. 11 | |
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| relating to the creation of the criminal offense of improper entry | ||
| from a foreign nation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Penal Code, is amended by adding | ||
| Section 38.20 to read as follows: | ||
| Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In | ||
| this section, "alien" has the meaning assigned by 8 U.S.C. Section | ||
| 1101, as that provision existed on January 1, 2023. | ||
| (b) A person who is an alien commits an offense if the | ||
| person: | ||
| (1) enters or attempts to enter this state from a | ||
| foreign nation at any location other than a lawful point of entry; | ||
| (2) eludes examination or inspection by United States | ||
| immigration officers; or | ||
| (3) attempts to enter or obtains entry to this state | ||
| from a foreign nation by an intentionally false or misleading | ||
| representation or the intentional concealment of a material fact. | ||
| (c) An offense under this section is a Class A misdemeanor, | ||
| except that if it is shown on the trial of the offense that the | ||
| person has previously been finally convicted of: | ||
| (1) an offense under this section, the offense is a | ||
| state jail felony; | ||
| (2) a state jail felony described by Subdivision (1) | ||
| or any other felony not listed in Article 42A.054(a), Code of | ||
| Criminal Procedure, the offense is a felony of the second degree; or | ||
| (3) a felony listed in Article 42A.054(a), Code of | ||
| Criminal Procedure, the offense is a felony of the first degree. | ||
| (d) It is an affirmative defense to prosecution under this | ||
| section that: | ||
| (1) the actor has been granted a federal immigration | ||
| benefit entitling the actor to: | ||
| (A) lawful presence in the United States; or | ||
| (B) asylum under 8 U.S.C. Section 1158; | ||
| (2) the actor's conduct does not constitute a | ||
| violation of 8 U.S.C. Section 1325(a); or | ||
| (3) the actor was approved for benefits under the | ||
| federal Deferred Action for Childhood Arrivals program between June | ||
| 15, 2012, and July 16, 2021. | ||
| (e) For purposes of Subsection (d)(1), the following | ||
| federal programs do not confer federal immigration benefits | ||
| entitling the actor to lawful presence in the United States: | ||
| (1) the Deferred Action for Parents of Americans and | ||
| Lawful Permanent Residents; and | ||
| (2) any program not enacted by the United States | ||
| Congress that is a successor to or materially similar to the program | ||
| described by Subdivision (1) or Subsection (d)(3). | ||
| (f) A court may not abate the prosecution of an offense | ||
| under this section on the basis that a federal determination | ||
| regarding the immigration status of the actor is pending. | ||
| (g) A law enforcement officer of the Department of Public | ||
| Safety who arrests a person for an offense under this section shall, | ||
| to the extent feasible, detain the person in a facility established | ||
| under Operation Lone Star or a similar border security operation of | ||
| this state. | ||
| SECTION 2. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| every person, group of persons, or circumstances, is severable from | ||
| each other. If any application of any provision in this Act to any | ||
| person, group of persons, or circumstances is found by a court to be | ||
| invalid for any reason, the remaining applications of that | ||
| provision to all other persons and circumstances shall be severed | ||
| and may not be affected. | ||
| SECTION 3. This Act takes effect December 1, 2023, if it | ||
| reStatutes affected: Introduced: () Senate Committee Report: () Engrossed: () | ||