Chapter 5B: Procedures for Certain Offenses Involving Illegal Entry

Article 5B.001: Enforcement Prohibited in Certain Locations

  • General Rule: No arrest or detention for enforcing Chapter 51, Penal Code, if the person is at specific protected locations.

Protected Locations Include:

  1. Educational Institutions: Public or private primary or secondary schools.

  2. Places of Worship: Includes churches, synagogues, and other religious establishments.

  3. Health Care Facilities: Defined by Section 161.471, Health and Safety Code, including agencies providing health care or healthcare provider offices, if the person is receiving treatment.

  4. SAFE-ready Facilities: As defined by Section 323.001, Health and Safety Code, which provide forensic medical examinations for sexual assault survivors when the person is obtaining such services.

Article 5B.002: Order to Return to Foreign Nation

  • Authority of a Magistrate: During a person’s appearance under Articles 14.06 or 15.17:

    • A magistrate can order release and issue a written order if probable cause exists for arrest concerning offenses under Sections 51.02 or 51.03, Penal Code.

Conditions for Issuing an Order:

  1. The person must agree to the order.

  2. The person should not have prior convictions under Chapter 51, Penal Code, nor previously obtained a discharge under this process.

  3. The person must not be charged with another offense punishable as a Class A misdemeanor or higher.

  4. Required actions by law enforcement prior to issuing an order:

    • Collect identifying information (including fingerprints).

    • Cross-reference this information with local, state, and federal criminal databases, along with national security threat lists.

Requirements Upon Conviction:

  • If convicted of offenses under Chapter 51, Penal Code, the judge will issue an order for the person to return to their country of origin at the completion of their term.

Contents of the Order:

  1. Transportation details to a defined port of entry.

  2. Identification of the law enforcement officer or agency responsible for enforcing the order.

Filing and Reporting:

  • Orders must be filed with the relevant county clerk or court, depending on the nature of the order. Law enforcement must report the order to the Department of Public Safety within seven days for criminal history inclusion.

Article 5B.003: Abatement of Prosecution on Basis of Immigration Status Determination Prohibited

  • A court is prohibited from halting prosecution under Chapter 51, Penal Code due to pending or future federal immigration status determinations.