Bill Text: TX HB3500 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the punishment for certain criminal conduct involving the smuggling of persons, the operation of a stash house, or evading an arrest or detention; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [HB3500 Detail]
Download: Texas-2023-HB3500-Introduced.html
88R14285 JRR-D | ||
By: Guillen | H.B. No. 3500 |
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relating to the punishment for certain criminal conduct involving | ||
the smuggling of persons, the operation of a stash house, or evading | ||
an arrest or detention; increasing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 12.50(b) and (c), Penal Code, are | ||
amended to read as follows: | ||
(b) The increase in punishment authorized by this section | ||
applies only to an offense under: | ||
(1) Section 20.05; | ||
(2) Section 20.06; | ||
(3) Section 20.07; | ||
(4) Section 22.01; | ||
(5) [ |
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(6) [ |
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(8) [ |
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(9) [ |
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(10) [ |
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(c) If an offense listed under Subsection (b) [ |
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minimum term of confinement for the offense is increased to 180 | ||
days. If an offense listed under Subsection (b) [ |
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for that offense may not be increased under this section. The | ||
minimum term of imprisonment for an offense listed under Subsection | ||
(b)(1), (2), or (3) for which punishment is increased under this | ||
section is 10 years. | ||
SECTION 2. 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 term of imprisonment of 10 years, except that the | ||
offense is: | ||
(1) a felony of the second degree with a minimum term | ||
of imprisonment of 10 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 with a minimum term of | ||
imprisonment of 10 years 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 3. Sections 20.06(e) and (f), Penal Code, are | ||
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 10 years. | ||
(f) An offense under this section is a felony of the first | ||
degree with a minimum term of imprisonment of 10 years if: | ||
(1) the conduct constituting an offense under Section | ||
20.05 is conducted in a manner that creates a substantial | ||
likelihood that the smuggled individual will suffer serious bodily | ||
injury or death; or | ||
(2) the smuggled individual is a child younger than 18 | ||
years of age at the time of the offense. | ||
SECTION 4. Section 20.07(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 a felony of the second degree with a minimum | ||
term of imprisonment of five years if: | ||
(1) the offense is committed under Subsection (a)(1) | ||
and the property that is the subject of the offense is used to | ||
commit or facilitate the commission of an offense under Section | ||
20.06, 20A.03, or 43.05; or | ||
(2) it is shown on the trial of the offense that as a | ||
direct result of the commission of the offense: | ||
(A) an 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) an individual suffered serious bodily injury | ||
or death [ |
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SECTION 5. Section 22.01(b-1), Penal Code, is amended to | ||
read as follows: | ||
(b-1) Notwithstanding Subsection (b), an offense under | ||
Subsection (a)(1) is a felony of the third degree if: | ||
(1) it is shown on the trial of the offense that the | ||
actor committed the offense in the course of committing an offense | ||
under Section 20.05(a)(2); or | ||
(2) the offense is committed: | ||
(A) [ |
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commitment facility; and | ||
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(i) [ |
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Texas Civil Commitment Office: | ||
(a) [ |
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employee is lawfully discharging an official duty at a civil | ||
commitment facility; or | ||
(b) [ |
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account of an exercise of official power or performance of an | ||
official duty by the officer or employee; or | ||
(ii) [ |
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state to perform a service in a civil commitment facility or an | ||
employee of that person: | ||
(a) [ |
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employee is engaged in performing a service within the scope of the | ||
contract, if the actor knows the person or employee is authorized by | ||
the state to provide the service; or | ||
(b) [ |
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account of the person's or employee's performance of a service | ||
within the scope of the contract. | ||
SECTION 6. Chapter 28, Penal Code, is amended by adding | ||
Section 28.10 to read as follows: | ||
Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR | ||
STATE JAIL FELONIES. The punishment for an offense under this | ||
chapter that is punishable as a misdemeanor or a state jail felony | ||
is increased to the punishment for a felony of the third degree if | ||
it is shown on the trial of the offense that the actor committed the | ||
offense: | ||
(1) in the course of committing an offense under | ||
Section 20.05(a)(2); or | ||
(2) in the course of or for the purpose of engaging in | ||
conduct constituting an offense under Section 38.04. | ||
SECTION 7. Section 30.02, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-2) to read as | ||
follows: | ||
(c) Except as provided in Subsection (c-1), (c-2), or (d), | ||
an offense under this section is a: | ||
(1) state jail felony if committed in a building other | ||
than a habitation; or | ||
(2) felony of the second degree if committed in a | ||
habitation. | ||
(c-2) An offense under this section is a felony of the third | ||
degree if: | ||
(1) the premises are a building other than a | ||
habitation; and | ||
(2) it is shown on the trial of the offense that the | ||
actor committed the offense in the course of committing an offense | ||
under Section 20.05(a)(2). | ||
SECTION 8. Section 30.04(d), Penal Code, is amended to read | ||
as follows: | ||
(d) An offense under this section is a Class A misdemeanor, | ||
except that: | ||
(1) the offense is a Class A misdemeanor with a minimum | ||
term of confinement of six months if it is shown on the trial of the | ||
offense that the defendant has been previously convicted of an | ||
offense under this section; | ||
(2) the offense is a state jail felony if: | ||
(A) it is shown on the trial of the offense that | ||
the defendant has been previously convicted two or more times of an | ||
offense under this section; or | ||
(B) the vehicle or part of the vehicle broken | ||
into or entered is a rail car; and | ||
(3) the offense is a felony of the third degree if: | ||
(A) the vehicle broken into or entered is owned | ||
or operated by a wholesale distributor of prescription drugs[ |
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vehicle with the intent to commit theft of a controlled substance; | ||
or | ||
(B) it is shown on the trial of the offense that | ||
the actor committed the offense in the course of committing an | ||
offense under Section 20.05(a)(2). | ||
SECTION 9. Section 30.05(d), Penal Code, is amended to read | ||
as follows: | ||
(d) Subject to Subsection (d-3), an offense under this | ||
section is: | ||
(1) a Class B misdemeanor, except as provided by | ||
Subdivisions (2), [ |
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(2) a Class C misdemeanor, except as provided by | ||
Subdivisions [ |
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committed: | ||
(A) on agricultural land and within 100 feet of | ||
the boundary of the land; or | ||
(B) on residential land and within 100 feet of a | ||
protected freshwater area; [ |
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(3) a Class A misdemeanor, except as provided by | ||
Subdivision (4), if: | ||
(A) the offense is committed: | ||
(i) in a habitation or a shelter center; | ||
(ii) on a Superfund site; or | ||
(iii) on or in a critical infrastructure | ||
facility; | ||
(B) the offense is committed on or in property of | ||
an institution of higher education and it is shown on the trial of | ||
the offense that the person has previously been convicted of: | ||
(i) an offense under this section relating | ||
to entering or remaining on or in property of an institution of | ||
higher education; or | ||
(ii) an offense under Section 51.204(b)(1), | ||
Education Code, relating to trespassing on the grounds of an | ||
institution of higher education; | ||
(C) the person carries a deadly weapon during the | ||
commission of the offense; or | ||
(D) the offense is committed on the property of | ||
or within a general residential operation operating as a | ||
residential treatment center; and | ||
(4) a felony of the third degree if it is shown on the | ||
trial of the offense that the defendant committed the offense in the | ||
course of committing an offense under Section 20.05(a)(2). | ||
SECTION 10. Section 38.04, Penal Code, is amended by adding | ||
Subsection (b-1) to read as follows: | ||
(b-1) Notwithstanding Subsection (b), an offense under this | ||
section is a felony of the third degree if it is shown on the trial | ||
of the offense that the actor committed the offense in the course of | ||
committing an offense under Section 20.05(a)(2). | ||
SECTION 11. 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 12. This Act takes effect September 1, 2023. |