Creates a new affirmative finding that an offense was committed by an 'illegal alien' (defined by unlawful entry or overstaying) and increases the punishment range for most felonies committed by such persons, so more state criminal enforcement tied to immigration status.
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.
✓ Quote verified word for word in the bill text
Immigration enforcementstate federal cooperationAI label
Requires judges to make an affirmative finding in the judgment if the trier of fact determines beyond a reasonable doubt that the defendant was an 'illegal alien' (using federal immigration-status criteria) at the time of certain offenses, facilitating use of that finding in state proceedings.
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.
Why the model tagged it this way: The bill creates a formal state-law process to determine and record that a defendant is an 'illegal alien' (explicitly defined using federal immigration violations) and then enhances the felony punishment accordingly; this expands state immigration enforcement by tying criminal penalties directly to immigration status and requiring judicial findings that can support further enforcement actions.
Related bills
HB111Relating to a prohibition on the installation or construction of border security infrastructure on state park property.↓Restricts immigration enforcement Filed
HB137Relating to employment practices of governmental entities, state and local contractors, and private employers in this state regarding the le↑Expands immigration enforcement↑Expands immigration enforcement Filed
SB49Relating to border protection and economic development services, programs, and other measures, including measures to recruit health care pro↑Expands immigration enforcement↑Expands immigration enforcement Filed
SB273Relating to a prohibition on the installation or construction of border security infrastructure on state park property.↓Restricts immigration enforcement↓Restricts immigration enforcement Filed