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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the minimum term of imprisonment for certain |
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criminal offenses involving the 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 20.05(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: |
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(1) a felony of the second degree with a minimum term |
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of imprisonment of five 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 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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SECTION 2. Section 20.06(e), Penal Code, is amended to read |
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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 five years. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |