BILL ANALYSIS

S.B. 1267

By: Parker

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Stash houses are locations where smugglers hide immigrants, drugs, or other contraband until they can be transported to their final destination. These houses are often located near the United States-Mexico border and have become a key part of the illegal immigration and drug trafficking trade. There is a growing recognition among law enforcement agencies and community leaders that stronger penalties are needed to deter individuals from operating stash houses and to help combat the associated criminal activities. According to U.S. Customs and Border Protection, during fiscal year 2022 in the El Paso sector alone, more than 186 stash houses were located, resulting in the rescue or interception of 2,051 migrants. The issue of stash houses must be addressed to reduce the overall level of criminal activity and increase public safety and security in border communities. S.B. 1267 provides for increased and enhanced penalties for the operation of a stash house.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1267 amends the Penal Code to increase the penalty for the offense of operation of a stash house from a Class A misdemeanor to a third degree felony. The bill enhances the penalty to a second degree felony if it is shown on the trial of the offense that the following occurred as a direct result of the commission of the offense:

· an individual became a victim of sexual assault or aggravated sexual assault; or

· an individual suffered serious bodily injury or death.

S.B. 1267 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.