Bill Text: TX HB5 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 61-2)
Status: (Introduced - Dead) 2023-10-12 - Referred to State Affairs [HB5 Detail]
Download: Texas-2023-HB5-Introduced.html
| 88S30661 JRR-D | ||
| By: Guillen | H.B. No. 5 | |
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| relating to the punishment for certain criminal conduct involving | ||
| the smuggling of persons or the operation of a stash house; | ||
| increasing criminal penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 3.03, Penal Code, is amended by amending | ||
| Subsection (a) and adding Subsections (d) and (e) to read as | ||
| follows: | ||
| (a) When the accused is found guilty of more than one | ||
| offense arising out of the same criminal episode prosecuted in a | ||
| single criminal action, a sentence for each offense for which the | ||
| accused has been found guilty shall be pronounced. Except as | ||
| otherwise provided by this section [ |
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| sentences shall run concurrently. | ||
| (d)(1) This subsection applies only to a single criminal | ||
| action in which the accused is found guilty of: | ||
| (A) an offense under Section 20.05(a)(2) or an | ||
| offense under Section 20.06 involving conduct constituting an | ||
| offense under Section 20.05(a)(2); and | ||
| (B) an offense punishable under Section | ||
| 22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or | ||
| 38.04(b-1) that arises out of the same criminal episode as the | ||
| offense described by Paragraph (A). | ||
| (2) The sentence for an offense described by | ||
| Subdivision (1)(A) may run consecutively with each sentence for an | ||
| offense described by Subdivision (1)(B). | ||
| (3) If the accused is found guilty of more than one | ||
| offense described by Subdivision (1)(A), the sentences for those | ||
| offenses must run concurrently with each other. | ||
| (e) Except as otherwise provided by this subsection, if in a | ||
| single criminal action the accused is found guilty of more than one | ||
| offense arising out of the same criminal episode, the sentences may | ||
| run consecutively if each sentence is for a conviction of an offense | ||
| for which a plea agreement was reached in a case in which the | ||
| accused was charged with an offense described by Subsection | ||
| (d)(1)(A) and an offense described by Subsection (d)(1)(B). If the | ||
| accused is found guilty of more than one offense described by | ||
| Subsection (d)(1)(A), the sentences for those offenses must run | ||
| concurrently with each other. | ||
| SECTION 2. Section 12.50, Penal Code, is amended by | ||
| amending Subsections (a), (b), and (c) and adding Subsection (d) to | ||
| read as follows: | ||
| (a) Subject to Subsections [ |
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| punishment for an offense described by Subsection (b) is increased | ||
| to the punishment prescribed for the next higher category of | ||
| offense if it is shown on the trial of the offense that the offense | ||
| was committed in an area that was, at the time of the offense: | ||
| (1) subject to a declaration of a state of disaster | ||
| made by: | ||
| (A) the president of the United States under the | ||
| Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 | ||
| U.S.C. Section 5121 et seq.); | ||
| (B) the governor under Section 418.014, | ||
| Government Code; or | ||
| (C) the presiding officer of the governing body | ||
| of a political subdivision under Section 418.108, Government Code; | ||
| or | ||
| (2) subject to an emergency evacuation order. | ||
| (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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| (7) [ |
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| (8) [ |
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| (9) [ |
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| (10) [ |
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| (11) [ |
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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. Except as provided by Subsection (d), if [ |
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| listed under Subsection (b) [ |
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| felony of the first degree, the punishment for that offense may not | ||
| be increased under this section. | ||
| (d) Except as otherwise provided by this subsection, 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. If an offense listed under Subsection (b)(1) | ||
| or (2) is punishable as a felony of the first degree, the minimum | ||
| term of imprisonment is increased to 15 years unless another | ||
| provision of law applicable to the offense provides for a minimum | ||
| term of imprisonment of 15 years or more. | ||
| SECTION 3. Section 20.05, Penal Code, is amended by | ||
| amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
| read as follows: | ||
| (b) Subject to Subsections (b-1) and (b-2), an [ |
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| 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. | ||
| (b-1) If at the punishment stage of the trial or at the time | ||
| of entering a plea agreement for an offense under this section | ||
| punishable as a felony of the third degree, the attorney | ||
| representing the state in the prosecution of the offense certifies | ||
| to the court in writing that the actor has provided significant | ||
| cooperation to the state or law enforcement, and describes the | ||
| manner of cooperation, the minimum term of imprisonment is five | ||
| years. The certification is confidential and shall be sealed by the | ||
| court, except that the certification may be accessed by the office | ||
| of the attorney representing the state, the attorney representing | ||
| the defendant, and the court. For purposes of this subsection, | ||
| "significant cooperation" includes: | ||
| (1) testifying in a trial on behalf of the state | ||
| against other parties to the offense; | ||
| (2) providing relevant information regarding the case | ||
| and other parties to the offense; | ||
| (3) providing information that furthers the | ||
| investigation of the charged offense and any other parties | ||
| involved; or | ||
| (4) providing information that aids law enforcement. | ||
| (b-2) At the punishment stage of a trial of an offense under | ||
| this section, other than an offense punishable under Subsection | ||
| (b)(1)(A), (C), (D), or (E) or (b)(2), the actor may raise the issue | ||
| as to whether the actor is related to the smuggled individual in the | ||
| third degree of consanguinity or, at the time of the offense, in the | ||
| third degree of affinity. If the actor proves the issue in the | ||
| affirmative by a preponderance of the evidence, the offense is a | ||
| felony of the third degree with a minimum term of imprisonment of | ||
| five years. | ||
| SECTION 4. 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 5. 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 6. Section 22.01, Penal Code, is amended by adding | ||
| Subsection (b-4) to read as follows: | ||
| (b-4) Notwithstanding Subsection (b), an offense under | ||
| Subsection (a)(1) 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 7. 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 in the course of committing an offense under Section | ||
| 20.05(a)(2). | ||
| SECTION 8. 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 9. 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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| [ |
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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 10. 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 11. 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 12. 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 13. This Act takes effect December 1, 2023, if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for effect on that | ||
| date, this Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
