Bill Text: TX HB687 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the prosecution and punishment of the offense of smuggling of persons.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB687 Detail]
Download: Texas-2021-HB687-Comm_Sub.html
| 87R19053 LHC-F | |||
| By: Lozano, Guillen, Canales, et al. | H.B. No. 687 | ||
| Substitute the following for H.B. No. 687: | |||
| By: Murr | C.S.H.B. No. 687 | ||
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| relating to the prosecution and punishment of the offense of | ||
| smuggling of persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 20.01, Penal Code, is amended by adding | ||
| Subdivisions (6) and (7) to read as follows: | ||
| (6) "Firearm" has the meaning assigned by Section | ||
| 46.01. | ||
| (7) "Special investigator" includes an agent of the | ||
| United States Department of Homeland Security. | ||
| SECTION 2. Sections 20.05(a) and (b), Penal Code, are | ||
| amended to read as follows: | ||
| (a) A person commits an offense if the person [ |
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| (1) uses a motor vehicle, aircraft, watercraft, or | ||
| other means of conveyance to transport an individual with the | ||
| intent to: | ||
| (A) conceal the individual from a peace officer | ||
| or special investigator; or | ||
| (B) flee from a person the actor knows is a peace | ||
| officer or special investigator attempting to lawfully arrest or | ||
| detain the actor; or | ||
| (2) encourages or induces a person to enter or remain | ||
| in this country in violation of federal law by concealing, | ||
| harboring, or shielding that person from detection. | ||
| (b) An offense under this section is a felony of the third | ||
| degree, except that the offense is: | ||
| (1) a felony of the second degree 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; [ |
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| (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 3. 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 4. This Act takes effect September 1, 2021. | ||
