85R7004 MAW-D     By: Estes S.B. No. 1054       A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for certain offenses   committed by a person who is unlawfully present in the United   States; changing eligibility for parole and mandatory supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.01, Code of Criminal Procedure, is   amended by adding Section 12 to read as follows:          Sec. 12.  In addition to the information described by   Section 1, the judgment must reflect affirmative findings entered   pursuant to Article 42.0151.          SECTION 2.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0151 to read as follows:          Art. 42.0151.  FINDING REGARDING DEFENDANT'S IMMIGRATION   STATUS.  (a)  In this article, "violent offense" has the meaning   assigned by Article 17.032.          (b)  In the trial of a violent offense, the judge shall make   an affirmative finding of fact and enter the affirmative finding in   the judgment in the case if the judge determines that, at the time   of the offense, the defendant was not a citizen or national of the   United States and was not lawfully present in the United States.          SECTION 3.  Subchapter E, Chapter 508, Government Code, is   amended by adding Section 508.1495 to read as follows:          Sec. 508.1495.  RELEASE OF INMATE PENDING DEPORTATION. (a)   This section applies only to an inmate serving a sentence for a   violent offense, as defined by Article 17.032, Code of Criminal   Procedure:                (1)  that was punished as a felony of the first degree,   other than an offense for which the punishment was enhanced under   Section 12.501, Penal Code; and                (2)  for which an affirmative finding was entered in   the judgment pursuant to Article 42.0151, Code of Criminal   Procedure.          (b)  Notwithstanding any other law, a parole panel may not   release on parole or to mandatory supervision an inmate to whom this   section applies unless:                (1)  the parole panel determines that on release the   inmate would be deported to another country; and                (2)  the inmate will be released only into the custody   of federal immigration authorities pending deportation.           SECTION 4.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.501 to read as follows:          Sec. 12.501.  PENALTY IF OFFENSE COMMITTED BY DEFENDANT   UNLAWFULLY PRESENT.  (a)  In this section, "violent offense" has the   meaning assigned by Article 17.032, Code of Criminal Procedure.          (b)  If the court makes an affirmative finding under Article   42.0151, Code of Criminal Procedure, in the trial of a violent   offense, other than an offense punishable as a felony of the first   degree, the punishment for the offense is increased to the   punishment prescribed for the next highest category of offense.          SECTION 5.  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 6.  This Act takes effect September 1, 2017.