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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain criminal conduct involving |
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the smuggling of persons or the operation of a stash house; |
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increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. If H.B. No. 165, Acts of the 88th Legislature, |
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Regular Session, 2023, becomes law, Section 3.03, Penal Code, as |
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effective September 1, 2023, is amended by amending Subsection (a) |
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and adding Subsections (d) and (e) to read as follows: |
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(a) When the accused is found guilty of more than one |
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offense arising out of the same criminal episode prosecuted in a |
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single criminal action, a sentence for each offense for which the |
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accused has been found guilty shall be pronounced. Except as |
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otherwise provided by this section [Subsections (b) and (c)], the |
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sentences shall run concurrently. |
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(d)(1) This subsection applies only to a single criminal |
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action in which the accused is found guilty of: |
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(A) an offense under Section 20.05(a)(2) or an |
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offense under Section 20.06 involving conduct constituting an |
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offense under Section 20.05(a)(2); and |
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(B) an offense punishable under Section |
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22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or |
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38.04(b-1) that arises out of the same criminal episode as the |
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offense described by Paragraph (A). |
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(2) The sentence for an offense described by |
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Subdivision (1)(A) may run consecutively with each sentence for an |
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offense described by Subdivision (1)(B). |
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(3) If the accused is found guilty of more than one |
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offense described by Subdivision (1)(A), the sentences for those |
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offenses must run concurrently with each other. |
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(e) Except as otherwise provided by this subsection, if in a |
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single criminal action the accused is found guilty of more than one |
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offense arising out of the same criminal episode, the sentences may |
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run consecutively if each sentence is for a conviction of an offense |
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for which a plea agreement was reached in a case in which the |
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accused was charged with an offense described by Subsection |
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(d)(1)(A) and an offense described by Subsection (d)(1)(B). If the |
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accused is found guilty of more than one offense described by |
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Subsection (d)(1)(A), the sentences for those offenses must run |
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concurrently with each other. |
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SECTION 2. If H.B. No. 165, Acts of the 88th Legislature, |
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Regular Session, 2023, does not become law, Section 3.03, Penal |
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Code, is amended by amending Subsection (a) and adding Subsections |
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(c) and (d) to read as follows: |
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(a) When the accused is found guilty of more than one |
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offense arising out of the same criminal episode prosecuted in a |
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single criminal action, a sentence for each offense for which the |
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accused [he] has been found guilty shall be pronounced. Except as |
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otherwise provided by this section [Subsection (b)], the sentences |
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shall run concurrently. |
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(c)(1) This subsection applies only to a single criminal |
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action in which the accused is found guilty of: |
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(A) an offense under Section 20.05(a)(2) or an |
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offense under Section 20.06 involving conduct constituting an |
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offense under Section 20.05(a)(2); and |
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(B) an offense punishable under Section |
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22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or |
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38.04(b-1) that arises out of the same criminal episode as the |
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offense described by Paragraph (A). |
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(2) The sentence for an offense described by |
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Subdivision (1)(A) may run consecutively with each sentence for an |
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offense described by Subdivision (1)(B). |
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(3) If the accused is found guilty of more than one |
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offense described by Subdivision (1)(A), the sentences for those |
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offenses must run concurrently with each other. |
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(d) Except as otherwise provided by this subsection, if in a |
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single criminal action the accused is found guilty of more than one |
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offense arising out of the same criminal episode, the sentences may |
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run consecutively if each sentence is for a conviction of an offense |
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for which a plea agreement was reached in a case in which the |
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accused was charged with an offense described by Subsection |
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(c)(1)(A) and an offense described by Subsection (c)(1)(B). If the |
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accused is found guilty of more than one offense described by |
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Subsection (c)(1)(A), the sentences for those offenses must run |
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concurrently with each other. |
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SECTION 3. Section 12.50, Penal Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (d) to |
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read as follows: |
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(a) Subject to Subsections [Subsection] (c) and (d), the |
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punishment for an offense described by Subsection (b) is increased |
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to the punishment prescribed for the next higher category of |
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offense if it is shown on the trial of the offense that the offense |
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was committed in an area that was, at the time of the offense: |
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(1) subject to a declaration of a state of disaster |
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made by: |
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(A) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(B) the governor under Section 418.014, |
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Government Code; or |
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(C) the presiding officer of the governing body |
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of a political subdivision under Section 418.108, Government Code; |
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or |
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(2) subject to an emergency evacuation order. |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Section 20.05; |
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(2) Section 20.06; |
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(3) Section 20.07; |
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(4) Section 22.01; |
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(5) [(2)] Section 28.02; |
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(6) [(3)] Section 29.02; |
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(7) [(4)] Section 30.02; |
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(8) [(5)] Section 30.03; |
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(9) [(6)] Section 30.04; |
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(10) [(7)] Section 30.05; and |
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(11) [(8)] Section 31.03. |
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(c) If an offense listed under Subsection (b) [(b)(1), (5), |
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(6), (7), or (8)] is punishable as a Class A misdemeanor, the |
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minimum term of confinement for the offense is increased to 180 |
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days. Except as provided by Subsection (d), if [If] an offense |
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listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a |
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felony of the first degree, the punishment for that offense may not |
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be increased under this section. |
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(d) Except as otherwise provided by this subsection, the |
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minimum term of imprisonment for an offense listed under Subsection |
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(b)(1), (2), or (3) for which punishment is increased under this |
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section is 10 years. If an offense listed under Subsection (b)(1) |
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or (2) is punishable as a felony of the first degree, the minimum |
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term of imprisonment is increased to 15 years unless another |
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provision of law applicable to the offense provides for a minimum |
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term of imprisonment of 15 years or more. |
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SECTION 4. Section 20.05, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Subject to Subsection (b-1), an [An] offense under this |
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section is a felony of the third degree with a term of imprisonment |
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of 10 years, except that the offense is: |
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(1) a felony of the second degree with a minimum term |
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of imprisonment of 10 years 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 with a minimum term of |
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imprisonment of 10 years 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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(b-1) If at the punishment stage of the trial or at the time |
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of entering a plea agreement for an offense under this section |
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punishable as a felony of the third degree, the attorney |
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representing the state in the prosecution of the offense certifies |
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to the court in writing that the actor has provided significant |
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cooperation to the state or law enforcement, and describes the |
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manner of cooperation, the minimum term of imprisonment is five |
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years. The certification is confidential and shall be sealed by the |
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court, except that the certification may be accessed by the office |
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of the attorney representing the state, the attorney representing |
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the defendant, and the court. For purposes of this subsection, |
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"significant cooperation" includes: |
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(1) testifying in a trial on behalf of the state |
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against other parties to the offense; |
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(2) providing relevant information regarding the case |
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and other parties to the offense; |
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(3) providing information that furthers the |
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investigation of the charged offense and any other parties |
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involved; or |
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(4) providing information that aids law enforcement. |
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SECTION 5. 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 second degree with a |
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minimum term of imprisonment of 10 years. |
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(f) An offense under this section is a felony of the first |
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degree with a minimum term of imprisonment of 10 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 6. 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 third |
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degree with a minimum term of imprisonment of five years, except |
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that the offense is a felony of the second degree with a minimum |
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term of imprisonment of five years if: |
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(1) the offense is committed under Subsection (a)(1) |
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and the property that is the subject of the offense is used to |
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commit or facilitate the commission of an offense under Section |
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20.06, 20A.03, or 43.05; or |
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(2) it is shown on the trial of the offense that as a |
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direct result of the commission of the offense: |
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(A) an individual became a victim of sexual |
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assault, as defined by Section 22.011, or aggravated sexual |
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assault, as defined by Section 22.021; or |
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(B) an individual suffered serious bodily injury |
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or death [Class A misdemeanor]. |
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SECTION 7. Section 22.01, Penal Code, is amended by adding |
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Subsection (b-4) to read as follows: |
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(b-4) Notwithstanding Subsection (b), an offense under |
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Subsection (a)(1) is a felony of the third degree if it is shown on |
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the trial of the offense that the actor committed the offense in the |
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course of committing an offense under Section 20.05(a)(2). |
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SECTION 8. Chapter 28, Penal Code, is amended by adding |
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Section 28.10 to read as follows: |
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Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR |
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STATE JAIL FELONIES. The punishment for an offense under this |
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chapter that is punishable as a misdemeanor or a state jail felony |
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is increased to the punishment for a felony of the third degree if |
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it is shown on the trial of the offense that the actor committed the |
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offense in the course of committing an offense under Section |
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20.05(a)(2). |
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SECTION 9. Section 30.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) Except as provided in Subsection (c-1), (c-2), or (d), |
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an offense under this section is a: |
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(1) state jail felony if committed in a building other |
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than a habitation; or |
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(2) felony of the second degree if committed in a |
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habitation. |
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(c-2) An offense under this section is a felony of the third |
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degree if: |
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(1) the premises are a building other than a |
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habitation; and |
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(2) it is shown on the trial of the offense that the |
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actor committed the offense in the course of committing an offense |
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under Section 20.05(a)(2). |
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SECTION 10. Section 30.04(d), Penal Code, is amended to |
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read as follows: |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) the offense is a Class A misdemeanor with a minimum |
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term of confinement of six months if it is shown on the trial of the |
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offense that the defendant has been previously convicted of an |
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offense under this section; |
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(2) the offense is a state jail felony if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times of an |
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offense under this section; or |
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(B) the vehicle or part of the vehicle broken |
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into or entered is a rail car; and |
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(3) the offense is a felony of the third degree if: |
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(A) the vehicle broken into or entered is owned |
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or operated by a wholesale distributor of prescription drugs[;] and |
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[(B)] the actor breaks into or enters that |
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vehicle with the intent to commit theft of a controlled substance; |
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or |
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(B) it is shown on the trial of the offense that |
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the actor committed the offense in the course of committing an |
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offense under Section 20.05(a)(2). |
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SECTION 11. Section 30.05(d), Penal Code, is amended to |
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read as follows: |
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(d) Subject to Subsection (d-3), an offense under this |
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section is: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2), [and] (3), and (4); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivisions [Subdivision] (3) and (4), if the offense is |
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committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; [and] |
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(3) a Class A misdemeanor, except as provided by |
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Subdivision (4), if: |
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(A) the offense is committed: |
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(i) in a habitation or a shelter center; |
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(ii) on a Superfund site; or |
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(iii) on or in a critical infrastructure |
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facility; |
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(B) the offense is committed on or in property of |
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an institution of higher education and it is shown on the trial of |
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the offense that the person has previously been convicted of: |
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(i) an offense under this section relating |
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to entering or remaining on or in property of an institution of |
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higher education; or |
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(ii) an offense under Section 51.204(b)(1), |
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Education Code, relating to trespassing on the grounds of an |
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institution of higher education; |
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(C) the person carries a deadly weapon during the |
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commission of the offense; or |
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(D) the offense is committed on the property of |
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or within a general residential operation operating as a |
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residential treatment center; and |
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(4) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant committed the offense in the |
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course of committing an offense under Section 20.05(a)(2). |
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SECTION 12. Section 38.04, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding Subsection (b), an offense under this |
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section is a felony of the third degree if it is shown on the trial |
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of the offense that the actor committed the offense in the course of |
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committing an offense under Section 20.05(a)(2). |
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SECTION 13. The changes in law made by this Act apply 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 14. This Act takes effect October 1, 2023. |
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* * * * * |