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Texas · 89th Legislature Regular Session

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

Direction

Immigration enforcement state immigration crimes borderAI label

Expands immigration enforcement model confidence 90%

Increases criminal penalties for non-capital offenses if committed by an alien (non-citizen), so more severe state punishment tied to immigration status.

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.

✓ Quote verified word for word in the bill text

Immigration enforcement state federal cooperationAI label

Expands immigration enforcement model confidence 80%

Requires judges to make an affirmative finding in the judgment that the offense was committed by an alien if proven beyond a reasonable doubt, facilitating use of that finding in immigration enforcement or federal proceedings.

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.

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2025-04-08: Referred directly to subcommittee by chair
Filed
2025-03-05
Committee
Criminal Jurisprudence
Sponsor
Matt Morgan R

Why the model tagged it this way: The bill creates a new requirement for courts to enter an affirmative finding that an offense was committed by an 'alien' (defined by reference to Penal Code 51.01) and increases the punishment level or minimum term for such offenses (except capital felonies), directly expanding state criminal enforcement measures tied to immigration status.

Related bills

Sponsors

Text versions

History (4 actions)
DateChamberAction
2025-04-08HReferred directly to subcommittee by chair
2025-03-26HReferred to Criminal Jurisprudence
2025-03-26HRead first time
2025-03-05HFiled