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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of smuggling of persons and unlawful |
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transport of an individual; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 20, Penal Code, is amended |
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to read as follows: |
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CHAPTER 20. KIDNAPPING, [AND] UNLAWFUL RESTRAINT, AND |
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SMUGGLING OF PERSONS |
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SECTION 2. Section 20.05, Penal Code, is amended to read as |
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follows: |
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Sec. 20.05. SMUGGLING OF PERSONS [UNLAWFUL TRANSPORT]. |
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(a) A person commits an offense if the person intentionally uses a |
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motor vehicle, aircraft, or watercraft to transport an individual |
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with the intent to conceal the individual from a peace officer or |
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special investigator and flees from a person the actor knows is a |
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peace officer or special investigator attempting to lawfully arrest |
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or detain the actor [for pecuniary benefit transports an individual
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in a manner that:
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[(1)
is designed to conceal the individual from local,
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state, or federal law enforcement authorities; and
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[(2)
creates a substantial likelihood that the
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individual will suffer serious bodily injury or death]. |
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(b) Except as provided by Subsection (c), an [An] offense |
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under this section is a state jail felony. |
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(c) An offense under this section is a felony of the third |
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degree if the actor commits the offense: |
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(1) for pecuniary benefit; or |
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(2) in a manner that creates a substantial likelihood |
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that the transported individual will suffer serious bodily injury |
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or death. |
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(d) It is an affirmative defense to prosecution under this |
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section that the actor is related to the transported individual |
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within the third degree of consanguinity or, at the time of the |
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offense, within the third degree of affinity. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section. |
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SECTION 3. Subsection (a), Section 71.02, Penal Code, as |
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amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 |
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(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is |
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reenacted and 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, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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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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(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 or 35; |
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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; [or] |
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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) [(14)] any offense under Section 42.10; |
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(16) [(14)] any offense under Section 46.06(a)(1) or |
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46.14; or |
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(17) any offense under Section 20.05. |
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SECTION 4. Article 13.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 13.12. FALSE IMPRISONMENT, [AND] KIDNAPPING, AND |
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SMUGGLING OF PERSONS |
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Venue for false imprisonment, [and] kidnapping, and |
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smuggling of persons is in either the county in which the offense |
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was committed, or in any county through, into, or out of which the |
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person falsely imprisoned, [or] kidnapped, or transported may have |
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been taken. |
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SECTION 5. Subdivision (2), Article 59.01, Code of Criminal |
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Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B. |
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2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular |
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Session, 2009, is reenacted and amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
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31, 32, 33, 33A, or 35, Penal Code; |
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(iii) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(iv) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 153, Finance |
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Code; |
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(iv) any felony under Chapter 34, Penal |
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Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 152, Finance |
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Code; |
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(vii) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves the state Medicaid program; |
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(viii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(ix) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; [or] |
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(x) any offense under Section 42.10, Penal |
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Code; |
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(xi) [(x)] any offense under Section |
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46.06(a)(1) or 46.14, Penal Code; |
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(xii) [(x)] any offense under Chapter 71, |
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Penal Code; or |
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(xiii) any offense under Section 20.05, |
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Penal Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(viii), [or] (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(viii), [or] (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; or |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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43.25, Penal Code. |
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SECTION 6. The changes in law made by this Act in amending |
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Sections 20.05 and 71.02, Penal Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 7. The change in law made by this Act in amending |
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Subdivision (2), Article 59.01, Code of Criminal Procedure, applies |
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only to the forfeiture of property in relation to an offense |
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committed on or after the effective date of this Act. Forfeiture of |
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property in relation to an offense committed before the effective |
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date of this Act is governed by the law in effect when the offense |
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was committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act takes effect September 1, 2011. |
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* * * * * |