Bill Summary – FastDemocracy

   
      88(4) SB 4 - Enrolled version - Bill Text
      
            S.B.  No.  4
         
               AN ACT
            
            relating to prohibitions on the illegal entry into or illegal 
         
            presence in this state by a person who is an alien, the enforcement 
         
            of those prohibitions and certain related orders, including 
         
            immunity from liability and indemnification for enforcement 
         
            actions, and authorizing or requiring under certain circumstances 
         
            the removal of persons who violate those prohibitions; creating 
         
            criminal offenses.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Title 1, Code of Criminal Procedure, is amended 
         
            by adding Chapter 5B to read as follows:
         
            CHAPTER 5B.  PROCEDURES FOR CERTAIN OFFENSES INVOLVING ILLEGAL 
         
            ENTRY INTO THIS STATE
         
                          Art.  5B.001.    ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.  
         
            Notwithstanding any other law, a peace officer may not arrest or 
         
            detain a person for purposes of enforcing a provision of Chapter 51, 
         
            Penal Code, if the person is on the premises or grounds of:
         
                                      (1)    a public or private primary or secondary school 
         
            for educational purposes;
         
                                      (2)    a church, synagogue, or other established place of 
         
            religious worship;
         
                                      (3)    a health care facility, as defined by Section 
         
            161.471, Health and Safety Code, including a facility a state 
         
            agency maintains or operates to provide health care, or the office 
         
            of a health care provider, as defined by Section 161.471, Health and 
         
            Safety Code, provided that the person is on the premises or grounds 
         
            of the facility or office for the purpose of receiving medical 
         
            treatment; or
         
                                      (4)    a SAFE-ready facility, as defined by Section 
         
            323.001, Health and Safety Code, or another facility that provides 
         
            forensic medical examinations to sexual assault survivors in 
         
            accordance with Chapter 323, Health and Safety Code, provided that 
         
            the person is on the premises or grounds of the facility for 
         
            purposes of obtaining a forensic medical examination and treatment.
         
                          Art.  5B.002.    ORDER TO RETURN TO FOREIGN NATION.  (a)  A 
         
            magistrate during a person's appearance under Article 14.06 or 
         
            15.17 may, after making a determination that probable cause exists 
         
            for arrest for an offense under Section 51.02 or 51.03, Penal Code, 
         
            order the person released from custody and issue a written order in 
         
            accordance with Subsection (c).
         
                          (b)    The judge in a person's case at any time after the 
         
            person's appearance before a magistrate under Article 14.06 or 
         
            15.17 may, in lieu of continuing the prosecution of or entering an 
         
            adjudication regarding an offense under Section 51.02 or 51.03, 
         
            Penal Code, dismiss the charge pending against the person and issue 
         
            a written order in accordance with Subsection (c).
         
                          (c)    A written order authorized by Subsection (a) or (b) must 
         
            discharge the person and require the person to return to the foreign 
         
            nation from which the person entered or attempted to enter, and may 
         
            be issued only if:
         
                                      (1)    the person agrees to the order;
         
                                      (2)    the person has not previously been convicted of an 
         
            offense under Chapter 51, Penal Code, or previously obtained a 
         
            discharge under an order described by Subsection (a) or (b);
         
                                      (3)    the person is not charged with another offense 
         
            that is punishable as a Class A misdemeanor or any higher category 
         
            of offense; and
         
                                      (4)    before the issuance of the order, the arresting 
         
            law enforcement agency:
         
                                                  (A)    collects all available identifying 
         
            information of the person, which must include taking fingerprints 
         
            from the person and using other applicable photographic and 
         
            biometric measures to identify the person; and
         
                                                  (B)    cross-references the collected information 
         
            with:
         
                                                              (i)    all relevant local, state, and federal 
         
            criminal databases; and
         
Statutes affected: 
Introduced: Government Code 508.145, Government Code 51.03 (Government Code 51, Government Code 508)
Engrossed: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508)
House Committee Report: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508)
Enrolled: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508)




	AN ACT
	relating to prohibitions on the illegal entry into or illegal
	presence in this state by a person who is an alien, the enforcement
	of those prohibitions and certain related orders, including
	immunity from liability and indemnification for enforcement
	actions, and authorizing or requiring under certain circumstances
	the removal of persons who violate those prohibitions; creating
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 5B to read as follows:
	CHAPTER 5B. PROCEDURES FOR CERTAIN OFFENSES INVOLVING ILLEGAL
	ENTRY INTO THIS STATE
	Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.
	Notwithstanding any other law, a peace officer may not arrest or
	detain a person for purposes of enforcing a provision of Chapter 51,
	Penal Code, if the person is on the premises or grounds of:
	(1) a public or private primary or secondary school
	for educational purposes;
	(2) a church, synagogue, or other established place of
	religious worship;
	(3) a health care facility, as defined by Section
	161.471, Health and Safety Code, including a facility a state
	agency maintains or operates to provide health care, or the office
	of a health care provider, as defined by Section 161.471, Health and
	Safety Code, provided that the person is on the premises or grounds
	of the facility or office for the purpose of receiving medical
	treatment; or
	(4) a SAFE-ready facility, as defined by Section
	323.001, Health and Safety Code, or another facility that provides
	forensic medical examinations to sexual assault survivors in
	accordance with Chapter 323, Health and Safety Code, provided that
	the person is on the premises or grounds of the facility for
	purposes of obtaining a forensic medical examination and treatment.
	Art. 5B.002. ORDER TO RETURN TO FOREIGN NATION. (a) A
	magistrate during a person's appearance under Article 14.06 or
	15.17 may, after making a determination that probable cause exists
	for arrest for an offense under Section 51.02 or 51.03, Penal Code,
	order the person released from custody and issue a written order in
	accordance with Subsection (c).
	(b) The judge in a person's case at any time after the
	person's appearance before a magistrate under Article 14.06 or
	15.17 may, in lieu of continuing the prosecution of or entering an
	adjudication regarding an offense under Section 51.02 or 51.03,
	Penal Code, dismiss the charge pending against the person and issue
	a written order in accordance with Subsection (c).
	(c) A written order authorized by Subsection (a) or (b) must
	discharge the person and require the person to return to the foreign
	nation from which the person entered or attempted to enter, and may
	be issued only if:
	(1) the person agrees to the order;
	(2) the person has not previously been convicted of an
	offense under Chapter 51, Penal Code, or previously obtained a
	discharge under an order described by Subsection (a) or (b);
	(3) the person is not charged with another offense
	that is punishable as a Class A misdemeanor or any higher category
	of offense; and
	(4) before the issuance of the order, the arresting
	law enforcement agency:
	(A) collects all available identifying
	information of the person, which must include taking fingerprints
	from the person and using other applicable photographic and
	biometric measures to identify the person; and
	(B) cross-references the collected information
	with:
	(i) all relevant local, state, and federal
	criminal databases; and
	Statutes affected: Introduced: Government Code 508.145, Government Code 51.03 (Government Code 51, Government Code 508) Engrossed: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508) House Committee Report: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508) Enrolled: Government Code 508.145, Government Code 508.149 (Government Code 51, Government Code 508)