BILL ANALYSIS

Senate Research Center	C.S.S.B. 1248
88R19664 SHH-D	By: Flores
	Criminal Justice
	4/18/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Last session the legislature passed S.B. 576, which was a great step in strengthening our state's smuggling laws. Unfortunately, with the drastic uptick in illegal activity at the border, smugglers are using parks and recreational areas to guide non-resident aliens into the country. This has raised concerns among local authorities and law enforcement agencies, as the health and safety of both migrants and communities are put in danger. Further modification to the smuggling statute is needed to address this issue.

S.B. 1248 will expand the conduct constituting an offense of smuggling of persons to include parks and recreational areas.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 1248 amends current law relating to the prosecution of the offense of smuggling of persons.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 20.01, Penal Code, by adding Subdivision (9) to define "cultural resource site or area," "natural area," "open space area," and "park."

SECTION 2. Amends Section 20.05(a), Penal Code, as follows:

(a) Provides that a person commits an offense if the person knowingly:

(1)-(2) makes no changes to these subdivisions;

(3) assists guides, or directs two or more individuals to enter or remain on a cultural resource site or area, natural area, open space area, park, or agricultural land without the effective consent of the owner.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2023.