| |
|
| |
|
|
By: Flores |
S.B. No. 1248 |
|
|
(In the Senate - Filed February 27, 2023; March 9, 2023, |
|
|
read first time and referred to Committee on Criminal Justice; |
|
|
April 20, 2023, reported adversely, with favorable Committee |
|
|
Substitute by the following vote: Yeas 7, Nays 0; April 20, 2023, |
|
|
sent to printer.) |
| Click here to see the committee vote |
| |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1248 |
By: Flores |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the prosecution of the offense of smuggling of persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 20.01, Penal Code, is amended by adding |
|
|
Subdivision (9) to read as follows: |
|
|
(9) "Cultural resource site or area," "natural area," |
|
|
"open space area," and "park" have the meanings assigned by Section |
|
|
24.001, Parks and Wildlife Code. |
|
|
SECTION 2. Section 20.05(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) A person commits an offense if the person knowingly: |
|
|
(1) uses a motor vehicle, aircraft, watercraft, or |
|
|
other means of conveyance to transport an individual with the |
|
|
intent to: |
|
|
(A) conceal the individual from a peace officer |
|
|
or special investigator; or |
|
|
(B) flee from a person the actor knows is a peace |
|
|
officer or special investigator attempting to lawfully arrest or |
|
|
detain the actor; |
|
|
(2) encourages or induces a person to enter or remain |
|
|
in this country in violation of federal law by concealing, |
|
|
harboring, or shielding that person from detection; or |
|
|
(3) assists, guides, or directs two or more |
|
|
individuals to enter or remain on a cultural resource site or area, |
|
|
natural area, open space area, park, or agricultural land without |
|
|
the effective consent of the owner. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |