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What to Know About the Texas Senate Bill 4 (SB 4)

 Posted on April 19,2024 in Uncategorized

Conroe criminal defense lawyerAs the laws change, legal professionals and the public must stay informed about new legislation that may impact lives and careers. One such piece of legislation is Senate Bill 4 (SB 4), passed by the 88th Texas Legislature during its fourth special session in 2023. A Texas lawyer can help you understand the potential implications if you face criminal charges.

New Criminal Offenses Under SB 4

SB 4 introduces several significant changes to the Texas Penal Code, particularly in Chapter 51. These changes include the creation of new criminal offenses related to immigration, such as Illegal Entry From a Foreign Nation, Illegal Reentry by Certain Aliens, and Refusal to Comply with an Order to Return to a Foreign Nation. Individuals facing criminal charges must understand these new offenses and the potential consequences.

Expanded Judicial Powers

SB 4 also grants expanded powers to magistrate judges in Texas. Under the new law, magistrates are authorized to issue orders requiring individuals to leave the United States following an initial court appearance. Non-compliance with these orders is classified as a second-degree felony under state law, making it important to seek legal representation to navigate these challenging legal issues. This expansion of judicial powers underscores the significant changes brought about by SB 4. It also highlights the importance of understanding these changes and seeking appropriate legal advice to ensure one’s rights are protected.

Constitutional Concerns and Legal Challenges

The passage of SB 4 has not been without controversy, as the law raises significant constitutional questions regarding the balance of power between state and federal authorities in matters of immigration enforcement. Critics argue that state-level immigration laws like SB 4 may be preempted by federal authority, potentially rendering them unconstitutional and unenforceable. These concerns have already led to legal challenges, including a lawsuit filed by the Justice Department alleging violations of the Supremacy Clause of the U.S. Constitution.

Contact a Conroe, TX Criminal Defense Attorney

Senate Bill 4 represents a significant shift in Texas criminal law. As the law moves towards implementation and potential judicial scrutiny, you should have a trusted legal partner by your side. A Montgomery, TX criminal defense lawyer is dedicated to providing you with quality legal representation informed by a deep understanding of the changes in the law. Tracy was formerly an Assistant District Attorney, and Corey is a former prosecutor. Call Pullan & Young at 936-647-1540 for a free consultation to get started today.

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