S.B. No. 1099 proposes to increase the criminal penalties for certain offenses committed by individuals identified as illegal aliens. The bill introduces a new article, Article 42.01992, to the Code of Criminal Procedure, which defines an "illegal alien" and mandates that judges make an affirmative finding if it is determined beyond a reasonable doubt that the defendant was an illegal alien at the time of the offense. Additionally, the bill adds Section 12.503 to the Penal Code, which stipulates that if an affirmative finding is made during the trial of a felony offense (excluding capital felonies), the punishment will be escalated to the next highest category of offense. For first-degree felonies, the minimum term of imprisonment is set to 15 years unless a different law specifies a longer minimum.

The changes enacted by this bill will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses committed prior to this date will be governed by the existing laws at the time of the offense. This legislation aims to impose stricter penalties on illegal aliens who commit felonies, reflecting a broader effort to address concerns related to immigration and crime.

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