Bill Text: TX HB2806 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the prosecution of and increasing the punishment for the offense of unlawful smuggling or concealment of persons; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-07 - Left pending in committee [HB2806 Detail]
Download: Texas-2015-HB2806-Introduced.html
84R4487 LEH-F | ||
By: Lozano | H.B. No. 2806 |
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relating to the prosecution of and increasing the punishment for | ||
the offense of unlawful smuggling or concealment of persons; | ||
creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 20, Penal Code, is amended | ||
to read as follows: | ||
CHAPTER 20. KIDNAPPING AND[ |
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SMUGGLING, OR CONCEALMENT OF PERSONS | ||
SECTION 2. The heading to Section 20.05, Penal Code, is | ||
amended to read as follows: | ||
Sec. 20.05. UNLAWFUL SMUGGLING OR CONCEALMENT OF PERSONS. | ||
SECTION 3. Sections 20.05(a), (b), (c), and (d), Penal | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person intentionally: | ||
(1) uses a motor vehicle, aircraft, or watercraft to | ||
transport an individual with the intent to: | ||
(A) [ |
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individual's identity from a peace officer or special investigator; | ||
or | ||
(B) [ |
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peace officer or special investigator attempting to lawfully arrest | ||
or detain the actor; | ||
(2) assists, guides, or directs three or more | ||
individuals to enter or remain on agricultural land without the | ||
effective consent of the owner; or | ||
(3) while violating state or federal law, conceals an | ||
individual in a structure or in a motor vehicle, aircraft, or | ||
watercraft or conceals that individual's identity from a peace | ||
officer or special investigator. | ||
(b) An [ |
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under this section is a [ |
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(c) The minimum term of imprisonment for an [ |
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under this section is 10 years if it is shown on the trial of the | ||
offense that: | ||
(1) the actor committed [ |
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(A) [ |
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(B) [ |
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substantial likelihood that the smuggled or concealed | ||
[ |
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or death; or | ||
(2) 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. | ||
(d) It is an affirmative defense to prosecution under this | ||
section that the actor is related to the smuggled or concealed | ||
[ |
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or, at the time of the offense, within the second degree of | ||
affinity. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2015. |