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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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smuggling of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20.01, Penal Code, is amended by adding |
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Subdivisions (6), (7), and (8) to read as follows: |
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(6) "Agricultural land" has the meaning assigned by |
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Section 75.001, Civil Practice and Remedies Code. |
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(7) "Firearm" has the meaning assigned by Section |
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46.01. |
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(8) "Special investigator" includes an agent of the |
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United States Department of Homeland Security. |
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SECTION 2. Sections 20.05(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person [, with the |
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intent to obtain a pecuniary benefit,] knowingly: |
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(1) uses a motor vehicle, aircraft, watercraft, or |
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other means of conveyance to transport an individual with the |
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intent to: |
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(A) conceal the individual from a peace officer |
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or special investigator; or |
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(B) flee from a person the actor knows is a peace |
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officer or special investigator attempting to lawfully arrest or |
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detain the actor; [or] |
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(2) encourages or induces a person to enter or remain |
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in this country in violation of federal law by concealing, |
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harboring, or shielding that person from detection; or |
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(3) assists, guides, or directs two or more |
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individuals to enter or remain on agricultural land without the |
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effective consent of the owner. |
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(b) An offense under this section is a felony of the third |
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degree, except that the offense is: |
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(1) a felony of the second degree if: |
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(A) the actor commits the offense in a manner |
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that creates a substantial likelihood that the smuggled individual |
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will suffer serious bodily injury or death; [or] |
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(B) the smuggled individual is a child younger |
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than 18 years of age at the time of the offense; |
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(C) the offense was committed with the intent to |
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obtain a pecuniary benefit; |
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(D) during the commission of the offense the |
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actor, another party to the offense, or an individual assisted, |
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guided, or directed by the actor knowingly possessed a firearm; or |
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(E) the actor commits the offense under |
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Subsection (a)(1)(B); or |
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(2) a felony of the first degree if: |
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(A) it is shown on the trial of the offense that, |
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as a direct result of the commission of the offense, the smuggled |
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individual became a victim of sexual assault, as defined by Section |
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22.011, or aggravated sexual assault, as defined by Section 22.021; |
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or |
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(B) the smuggled individual suffered serious |
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bodily injury or death. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |