S.B. No. 1099 proposes to amend the Texas Code of Criminal Procedure and the Penal Code to increase the criminal penalties for certain offenses committed by illegal aliens. The bill introduces Article 42.01992, which defines an "illegal alien" and mandates that if a judge or jury determines beyond a reasonable doubt that a defendant was an illegal alien at the time of the offense, an affirmative finding must be recorded in the judgment. 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 outlined in this bill will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses occurring before this date will be governed by the existing laws at the time of the offense, ensuring that the previous legal framework remains in effect for those cases.

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