Patrick Offers Bill Making it Illegal to be Illegal

Last Edited: Tuesday, 20 Feb 2007, 8:52 PM CST
Created: Tuesday, 20 Feb 2007, 8:44 PM CST

Texas Sen. Dan Patrick FOX 26 News

AUSTIN -- State Senator Dan Patrick (R-Houston) has introduced legislation which would make it illegal to be illegal in Texas.

The bill, Senate Bill 773, would give officers another tool to detain and arrest persons who are suspected to be in violation of other laws. If it passes, the penal code would be amended to define being illegal in Texas as criminal trespass, a Class B misdemeanor.

The new classification could not be used as a primary offense, but it would be used to enhance an officer's "reasonable suspicion to believe the person has committed or is committing a violation of another law of this state or federal law."

"I patrolled the Valley with border sheriff deputies," Patrick said. "I was outraged to learn law enforcement did not have the tools to detain a person for being in our state illegally even when the officer had reason to believe the person had committed another offense."

The bill would also require arresting authorities to fingerprint persons who are in violation of the act. And officers would be allowed to transfer, at the agency's discretion, violators to Immigration and Customs Enforcement (ICE) for processing.

"We know drug traffickers and people of questionable intent are roaming our streets, and if local law enforcement, through their normal course of investigation, come in contact with these persons should we just let them go?" Patrick said. "I think not. We owe it to our citizens to give our officers every tool possible to detain those who wish to do us harm."

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