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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 to read as |
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follows: |
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Sec. 20.01. DEFINITIONS. In this chapter: |
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(1) "Restrain" means to restrict a person's movements |
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without consent, so as to interfere substantially with the person's |
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liberty, by moving the person from one place to another or by |
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confining the person. Restraint is "without consent" if it is |
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accomplished by: |
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(A) force, intimidation, or deception; or |
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(B) any means, including acquiescence of the |
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victim, if: |
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(i) the victim is a child who is less than |
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14 years of age or an incompetent person and the parent, guardian, |
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or person or institution acting in loco parentis has not acquiesced |
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in the movement or confinement; or |
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(ii) the victim is a child who is 14 years |
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of age or older and younger than 17 years of age, the victim is taken |
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outside of the state and outside a 120-mile radius from the victim's |
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residence, and the parent, guardian, or person or institution |
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acting in loco parentis has not acquiesced in the movement. |
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(2) "Abduct" means to restrain a person with intent to |
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prevent his liberation by: |
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(A) secreting or holding him in a place where he |
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is not likely to be found; or |
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(B) using or threatening to use deadly force. |
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(3) "Relative" means a parent or stepparent, ancestor, |
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sibling, or uncle or aunt, including an adoptive relative of the |
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same degree through marriage or adoption. |
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(4) "Person" means an individual or a corporation, |
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association, limited liability company, or other entity or |
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organization governed by the Business Organizations Code. |
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(5) Notwithstanding Section 1.07, "individual" means |
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a human being who has been born and is alive. |
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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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(9) "Park", "open space area," "natural area," and |
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"cultural resource site or area" have the meanings assigned by |
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Section 24.001, Parks and Wildlife code. |
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SECTION 2. Section 20.05(a), Penal Code, is amended to read |
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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 on a park, open space area, natural |
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area, cultural resource site or area, or agricultural land without |
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the effective consent of the owner. |
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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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covered by the law in effect when 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |