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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 certain criminal |
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offenses involving the smuggling of persons or the operation of a |
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stash house; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 20.05(a), (b), and (c), 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 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; |
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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: |
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(A) in this country in violation of federal law; |
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or |
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(B) on agricultural land without the effective |
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consent of the owner. |
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(b) An offense under this section is a felony of the first |
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[third] 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; |
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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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(c) It is an affirmative defense to prosecution of an |
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offense under this section[, other than an offense punishable under |
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Subsection (b)(1)(A) or (b)(2),] that the actor is related to the |
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smuggled individual within the second degree of consanguinity or, |
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at the time of the offense, within the second degree of affinity. |
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The affirmative defense provided by this subsection is not |
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available if: |
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(1) as a direct result of the commission of the |
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offense, the smuggled individual became a victim of sexual assault, |
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as defined by Section 22.011, or aggravated sexual assault, as |
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defined by Section 22.021; |
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(2) the smuggled individual suffered serious bodily |
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injury or death; or |
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(3) the actor committed the offense in a manner that |
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created a substantial likelihood that the smuggled individual would |
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suffer serious bodily injury or death. |
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SECTION 2. Sections 20.06(e) and (f), Penal Code, are |
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amended to read as follows: |
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(e) Except as provided by Subsections (f) and (g), an |
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offense under this section is a felony of the first [second] degree |
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punishable by imprisonment in the Texas Department of Criminal |
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Justice for life or for any term of not more than 99 years or less |
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than 15 years. |
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(f) An offense under this section is a felony of the first |
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degree, punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for any term of not more than 99 years |
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or less than 20 years, if: |
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(1) the conduct constituting an offense under Section |
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20.05 is conducted in a manner that creates a substantial |
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likelihood that the smuggled individual will suffer serious bodily |
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injury or death; or |
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(2) the smuggled individual is a child younger than 18 |
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years of age at the time of the offense. |
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SECTION 3. Section 20.07(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the first |
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degree [Class A misdemeanor]. |
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SECTION 4. Sections 71.02(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, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or disabled |
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individual, solicitation of a minor, forgery, deadly conduct, |
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assault punishable as a Class A misdemeanor, burglary of a motor |
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vehicle, or unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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(17) any offense under Section 20.05, [or] 20.06, or |
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20.07; |
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(18) any offense under Section 16.02; or |
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(19) any offense classified as a felony under the Tax |
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Code. |
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(b) Except as provided in Subsections (c) and (d), an |
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offense under this section is one category higher than the most |
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serious offense listed in Subsection (a) that was committed, and if |
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the most serious offense is a Class A misdemeanor, the offense is a |
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state jail felony, except that the offense is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for: |
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(1) life without parole, if the most serious offense |
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is an aggravated sexual assault and if at the time of that offense |
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the defendant is 18 years of age or older and: |
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(A) the victim of the offense is younger than six |
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years of age; |
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(B) the victim of the offense is younger than 14 |
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years of age and the actor commits the offense in a manner described |
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by Section 22.021(a)(2)(A); or |
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(C) the victim of the offense is younger than 17 |
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years of age and suffered serious bodily injury as a result of the |
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offense; |
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(2) life or for any term of not more than 99 years or |
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less than 30 years if the most serious offense is an offense under |
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Section 20.06 that is punishable under Subsection (g) of that |
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section; [or] |
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(3) life or for any term of not more than 99 years or |
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less than 25 years if the most serious offense is an offense under: |
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(A) Section 20.05 or 20.07; or |
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(B) Section 20.06, other than an offense that is |
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punishable under Subsection (g) of that section; or |
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(4) life or for any term of not more than 99 years or |
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less than 15 years if the most serious offense is an offense |
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punishable as a felony of the first degree, other than an offense |
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described by Subdivision (1), [or] (2), or (3). |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 6. This Act takes effect September 1, 2023. |