Bill Text: TX HB1611 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to increasing the minimum term of imprisonment for certain criminal offenses involving the smuggling of persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-07 - Referred to State Affairs [HB1611 Detail]
Download: Texas-2023-HB1611-Introduced.html
88R7340 JRR-D | ||
By: Lozano | H.B. No. 1611 |
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relating to increasing the minimum term of imprisonment for certain | ||
criminal offenses involving the smuggling of persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 20.05(b), Penal Code, is amended to read | ||
as follows: | ||
(b) An offense under this section is a felony of the third | ||
degree with a minimum term of imprisonment of five years, except | ||
that the offense is: | ||
(1) a felony of the second degree with a minimum term | ||
of imprisonment of five years if: | ||
(A) the actor commits the offense in a manner | ||
that creates a substantial likelihood that the smuggled individual | ||
will suffer serious bodily injury or death; | ||
(B) the smuggled individual is a child younger | ||
than 18 years of age at the time of the offense; | ||
(C) the offense was committed with the intent to | ||
obtain a pecuniary benefit; | ||
(D) during the commission of the offense the | ||
actor, another party to the offense, or an individual assisted, | ||
guided, or directed by the actor knowingly possessed a firearm; or | ||
(E) the actor commits the offense under | ||
Subsection (a)(1)(B); or | ||
(2) a felony of the first degree if: | ||
(A) it is shown on the trial of the offense that, | ||
as a direct result of the commission of the offense, the smuggled | ||
individual became a victim of sexual assault, as defined by Section | ||
22.011, or aggravated sexual assault, as defined by Section 22.021; | ||
or | ||
(B) the smuggled individual suffered serious | ||
bodily injury or death. | ||
SECTION 2. Section 20.06(e), Penal Code, is amended to read | ||
as follows: | ||
(e) Except as provided by Subsections (f) and (g), an | ||
offense under this section is a felony of the second degree with a | ||
minimum term of imprisonment of five years. | ||
SECTION 3. The changes in law made by this Act apply 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 was committed before that | ||
date. | ||
SECTION 4. This Act takes effect September 1, 2023. |