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

The changes outlined in the 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 that time, ensuring that the previous legal framework remains in effect for those cases.

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