HB3790 - Relating to increasing the criminal penalty for certain offenses committed by an alien.

  89R13035 MCF-D     By: Morgan H.B. No. 3790       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for certain offenses   committed by an alien.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.01992 to read as follows:           Art.   42.01992.     FINDING THAT OFFENSE WAS COMMITTED BY ALIEN.   (a) In this article, "alien" has the meaning assigned by Section   51.01, Penal Code.           (b)     In the trial of an offense, other than a traffic offense   that is punishable by fine only, the judge shall make an affirmative   finding of fact and enter the affirmative finding in the judgment of   the case if at the guilt or innocence phase of the trial, the judge   or the jury, whichever is the trier of fact, determines beyond a   reasonable doubt that the defendant was an alien at the time of the   offense.          SECTION 2.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.503 to read as follows:           Sec.   12.503.     PENALTY IF OFFENSE COMMITTED BY ALIEN. (a)   Subject to Subsections (b) and (c), if an affirmative finding under   Article 42.01992, Code of Criminal Procedure, is made in the trial   of an offense other than a capital felony, the punishment for the   offense is increased to the punishment prescribed for the next   highest category of offense.           (b)     If an offense described by Subsection (a) is punishable   as a felony of the first degree, the minimum term of imprisonment   for the offense is increased to 7 years unless another provision of   law applicable to the offense provides for a minimum term of   imprisonment of 7 years or more.           (c)     If an offense described by Subsection (a) is punishable   as a Class A misdemeanor, the minimum term of confinement for the   offense is increased to 180 days unless another provision of law   applicable to the offense provides for a minimum term of   confinement of 180 days or more.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2025.