Relating to the punishment for certain criminal offenses involving illegal entry into or illegal presence in this state by a person who is an alien; increasing criminal penalties.
relating to the punishment for certain criminal offenses involving
illegal entry into or illegal presence in this state by a person who
is an alien; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Dangerous Aliens
Act.
SECTION 2. Section 51.02(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class B misdemeanor,
except that the offense is a state jail felony if it is shown on the
trial of the offense that the defendant has been previously
convicted of an offense:
(1) under this section;
(2) under Chapter 49, other than Section 49.02 or
49.031;
(3) under the laws of another state or foreign country
involving an offense containing elements that are substantially
similar to the elements of an offense described by Subdivision (2);
or
(4) involving drugs or crimes against a person .
SECTION 3. Section 51.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a felony of the third degree if:
(A) the defendant’s removal was subsequent to a
conviction for commission of one or two [or more] misdemeanors:
(i) under Chapter 49, other than Section
49.02 or 49.031;
(ii) under the laws of another state or
foreign country involving an offense containing elements that are
substantially similar to the elements of an offense described by
Subparagraph (i); or
(iii) involving drugs or [,] crimes against
a person[, or both];
(B) the defendant was excluded pursuant to 8
U.S.C. Section 1225(c) because the defendant was excludable under 8
U.S.C. Section 1182(a)(3)(B);
(C) the defendant was removed pursuant to the
provisions of 8 U.S.C. Chapter 12, Subchapter V; or
(D) the defendant was removed pursuant to 8
U.S.C. Section 1231(a)(4)(B); [or]
(2) a felony of the second degree if the defendant was
removed subsequent to a conviction for the commission of:
(A) three or more misdemeanors described by
Subdivision (1)(A); or
(B) a felony other than a felony described by
Subdivision (3); or
(3) a felony of the first degree if the defendant was
removed subsequent to a conviction for the commission of a felony:
(A) under Title 5 of this code; or
(B) under the laws of another state or foreign
country involving an offense containing elements that are
substantially similar to the elements of an offense described by
Paragraph (A).
SECTION 4. Section 51.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the offense described by Subsection (a)(1) with which the person
has been charged or of which the person was convicted is an offense
under Section 51.03 that is punishable under Subsection (b)(3) of
that section.
SECTION 5. The changes in law made by this Act apply 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 6. This Act takes effect September 1, 2025.
