BILL ANALYSIS

 

 

Senate Research Center	S.B. 1248
88R12702 SHH-D	By: Flores
	Criminal Justice
	4/14/2023
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Last session the legislature passed S.B. 576, which was a great step in strengthening our state's smuggling laws. Unfortunately, with the drastic uptick in illegal activity at the border, smugglers are using parks and recreational areas to guide non-resident aliens into the country. This has raised concerns among local authorities and law enforcement agencies, as the health and safety of both migrants and communities are put in danger. Further modification to the smuggling statute is needed to address this issue.

 

Purpose:

 

Expand the conduct constituting an offense of smuggling of persons to include parks and recreational areas.

 

Bill Analysis:

 

Amends Section 20.05(a) of the Penal Code:

 

• Adds "in a park or recreational area" to subdivision (3).

 

Support:

 

Border Prosecution Unit

 

As proposed, S.B. 1248 amends current law relating to the prosecution of the offense of smuggling of persons.

 

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 20.05(a), Penal Code, as follows:

 

(a) Provides that a person commits an offense if the person knowingly:

 

(1)-(2) makes no changes to these subdivisions;

 

(3) assists guides, or directs two or more individuals to enter or remain on agricultural land or in a public park or recreational area without the effective consent of the owner.

 

SECTION 2. Makes application of the change in law made by this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.