BILL ANALYSIS

 

 

Senate Research Center

S.B. 1267

88R7336 MZM-F

By: Parker

 

Criminal Justice

 

4/21/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

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 the United States Customs and Border Protection, during 2022 in the El Paso sector alone, 186 stash houses were located resulting in the rescue or interception of 2,051 migrants. As of January 27, 2022, Operation Lonestar has identified 229 stash house events�some covering multiple stash houses�and referred over 2,600 illegal immigrants to USBP.

 

We must address the issue of stash houses to reduce the overall level of criminal activity and increase public safety and security in border communities.

 

S.B. 1267 enhances penalties for the operation of a stash house under Texas Penal Code Section 20.07.� Current law punishes the operation of a stash house as a Class A misdemeanor. This bill enhances that punishment to a third degree felony. This bill further enhances the penalty to a second degree felony if the operation of a stash house results in a sexual assault, aggravated sexual assault, serious bodily injury, or death.

 

As proposed, S.B. 1267 amends current law relating to the punishment for the criminal offense of operation of a stash house and increases a criminal penalty.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 20.07(b), Penal Code, as follows:

 

(b) Provides that an offense under Section 20.07 (Operation of a Stash House) is a felony of the third degree, except that the offense is a felony of the second degree if it is shown on the trial of the offense that as a direct result of the commission of the offense:

 

(1) an individual became a victim of sexual assault, as defined by Section 22.011 (Sexual Assault), or aggravated sexual assault, as defined by Section 22.021 (Aggravated Sexual Assault); or

 

(2) an individual suffered serious bodily injury or death.

 

Deletes existing text providing that an offense under this section is a Class A misdemeanor.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.