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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of certain criminal |
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offenses committed in the course of or for the purpose of unlawfully |
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entering the United States, unlawfully bypassing certain law |
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enforcement checkpoints, or evading an arrest or detention; |
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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. Section 20.05, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) For purposes of Subsection (a)(1)(A), the actor is |
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presumed to have acted knowingly and with the intent to conceal the |
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individual being transported from a peace officer or special |
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investigator if in the course of committing the offense the actor |
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unlawfully bypassed a federal or state law enforcement checkpoint. |
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SECTION 2. Section 22.01(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) Notwithstanding Subsection (b), an offense under |
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Subsection (a)(1) is a felony of the third degree if: |
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(1) it is shown on the trial of the offense that the |
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actor committed the offense in the course of or for the purpose of |
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unlawfully entering the United States; or |
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(2) the offense is committed: |
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(A) [(1)] while the actor is committed to a civil |
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commitment facility; and |
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(B) [(2)] against: |
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(i) [(A)] an officer or employee of the |
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Texas Civil Commitment Office: |
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(a) [(i)] while the officer or |
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employee is lawfully discharging an official duty at a civil |
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commitment facility; or |
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(b) [(ii)] in retaliation for or on |
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account of an exercise of official power or performance of an |
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official duty by the officer or employee; or |
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(ii) [(B)] a person who contracts with the |
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state to perform a service in a civil commitment facility or an |
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employee of that person: |
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(a) [(i)] while the person or |
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employee is engaged in performing a service within the scope of the |
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contract, if the actor knows the person or employee is authorized by |
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the state to provide the service; or |
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(b) [(ii)] in retaliation for or on |
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account of the person's or employee's performance of a service |
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within the scope of the contract. |
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SECTION 3. 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 or for the purpose of: |
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(1) unlawfully entering the United States; or |
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(2) engaging in conduct constituting an offense under |
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Section 38.04. |
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SECTION 4. 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 or for the purpose of |
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unlawfully entering the United States. |
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SECTION 5. Section 30.04(d), Penal Code, is amended to read |
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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 or for the purpose |
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of unlawfully entering the United States. |
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SECTION 6. Section 30.05(d), Penal Code, is amended to read |
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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 or for the purpose of unlawfully entering the United |
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States. |
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SECTION 7. 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 8. This Act takes effect September 1, 2023. |