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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 avoiding |
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certain law enforcement checkpoints or evading an arrest or |
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detention; 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 3.03(d)(1), Penal Code, is amended to |
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read as follows: |
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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)(1), 28.10(1) [22.01(b-4), 28.10], 30.02(c-2), |
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30.04(d)(3)(B)(i), 30.05(d)(4)(A) [30.04(d)(3)(B), 30.05(d)(4)], |
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or 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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SECTION 2. Section 20.05, Penal Code, is amended by adding |
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Subsection (b-3) to read as follows: |
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(b-3) 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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intentionally avoided a federal or state law enforcement |
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checkpoint. |
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SECTION 3. Section 22.01(b-4), Penal Code, is amended to |
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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: |
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(1) committed the offense in the course of committing |
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an offense under Section 20.05(a)(2); or |
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(2) committed the offense in the course of or for the |
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purpose of intentionally avoiding a federal or state law |
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enforcement checkpoint. |
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SECTION 4. Section 28.10, Penal Code, is amended to read as |
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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: |
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(1) committed the offense in the course of committing |
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an offense under Section 20.05(a)(2); or |
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(2) committed the offense in the course of or for the |
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purpose of: |
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(A) intentionally avoiding a federal or state law |
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enforcement checkpoint; or |
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(B) engaging in conduct constituting an offense |
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under Section 38.04. |
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SECTION 5. Section 30.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (c-3) to read as |
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follows: |
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(c) Except as provided in Subsection (c-1), (c-2), (c-3), or |
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(d), 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-3) 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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intentionally avoiding a federal or state law enforcement |
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checkpoint. |
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SECTION 6. 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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the actor breaks into or enters that vehicle with the intent to |
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commit theft of a controlled substance; or |
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(B) it is shown on the trial of the offense that |
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the actor: |
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(i) committed the offense in the course of |
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committing an offense under Section 20.05(a)(2); or |
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(ii) committed the offense in the course of |
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or for the purpose of intentionally avoiding a federal or state law |
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enforcement checkpoint. |
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SECTION 7. 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), (3), and (4); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivisions (3) and (4), if the offense is 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; |
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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: |
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(A) committed the offense in the course of |
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committing an offense under Section 20.05(a)(2); or |
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(B) committed the offense in the course of or for |
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the purpose of intentionally avoiding a federal or state law |
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enforcement checkpoint. |
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SECTION 8. 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 9. This Act takes effect July 1, 2025, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2025. |