Texas Code of Criminal Procedure
§ 5B.002 — ORDER TO RETURN TO FOREIGN NATION
CR § 5B.002Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 5B. PROCEDURES FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS STATE
Statute text
View on source(a)A magistrate during a person's appearance under Article 14.06 or 15.17 may, after making a determination that probable cause exists for arrest for an offense under Section 51.02 or 51.03, Penal Code, order the person released from custody and issue a written order in accordance with Subsection (c).
(b)The judge in a person's case at any time after the person's appearance before a magistrate under Article 14.06 or 15.17 may, in lieu of continuing the prosecution of or entering an adjudication regarding an offense under Section 51.02 or 51.03, Penal Code, dismiss the charge pending against the person and issue a written order in accordance with Subsection (c).
(c)A written order authorized by Subsection (a) or (b) must discharge the person and require the person to return to the foreign nation from which the person entered or attempted to enter, and may be issued only if:
(1)the person agrees to the order;
(2)the person has not previously been convicted of an offense under Chapter 51, Penal Code, or previously obtained a discharge under an order described by Subsection (a) or (b);
(3)the person is not charged with another offense that is punishable as a Class A misdemeanor or any higher category of offense; and
…
Legislative history
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4), Sec. 1, eff. March 5, 2024.