88S30004 JRR-D
	By: Cain	H.B. No. 83

	A BILL TO BE ENTITLED
	AN ACT
	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 [Subsections (b) and (c)], the
	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 [Subsection] (c) and (d), the
	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) [(2)]  Section 28.02;
	(6) [(3)]  Section 29.02;
	(7) [(4)]  Section 30.02;
	(8) [(5)]  Section 30.03;
	(9) [(6)]  Section 30.04;
	(10) [(7)]  Section 30.05; and
	(11) [(8)]  Section 31.03.
	(c)  If an offense listed under Subsection (b) [(b)(1), (5),
	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
	minimum term of confinement for the offense is increased to 180
	days. Except as provided by Subsection (d), if [If] an offense
	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
	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 [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.
	(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), or (D) 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 [Class A misdemeanor].
	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[;] and
	[(B)]  the actor breaks into or enters that
	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), [and] (3), and (4);
	(2)  a Class C misdemeanor, except as provided by
	Subdivisions [Subdivision] (3) and (4), if the offense is
	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; [and]
	(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 on the 91st day after the
	last day of the legislative session.