SB1099 - Relating to increasing the criminal penalty for certain offenses committed by an illegal alien.

      By: Flores, et al. S.B. No. 1099     (Hefner)           A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for certain offenses   committed by an illegal 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   ILLEGAL ALIEN. (a) In this article, "illegal alien" means an alien   who:                 (1)  before the date of the commission of the offense:                       (A)     entered the United States without inspection   or at any time or any place other than as designated by the United   States attorney general; or                       (B)     was admitted as a nonimmigrant and failed to   maintain the nonimmigrant status under which the alien was admitted   or to which it was changed under Section 248, Immigration and   Nationality Act (8 U.S.C. Section 1258), or to comply with the   conditions of the alien's status; and                 (2)     did not attain and maintain legal status before   the date of the commission of the offense.           (b)     In the trial of an offense listed in Article 42A.054(a),   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 illegal 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 ILLEGAL ALIEN.   (a) Subject to Subsection (b), if an affirmative finding under   Article 42.01992, Code of Criminal Procedure, is made in the trial   of a felony 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 15 years unless another provision of   law applicable to the offense provides for a minimum term of   imprisonment of 15 years 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.