By: Hinojosa, Patrick	S.B. No. 146

	A BILL TO BE ENTITLED
	AN ACT
	relating to the offense of smuggling of persons and unlawful
	transport of an individual; providing penalties.
	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] UNLAWFUL RESTRAINT, AND
	SMUGGLING OF PERSONS
	SECTION 2.  Section 20.05, Penal Code, is amended to read as
	follows:
	Sec. 20.05.  SMUGGLING OF PERSONS [UNLAWFUL TRANSPORT].
	(a)  A person commits an offense if the person intentionally uses a
	motor vehicle, aircraft, or watercraft to transport an individual
	with the intent to conceal the individual from a peace officer or
	special investigator and flees from a person the actor knows is a
	peace officer or special investigator attempting to lawfully arrest
	or detain the actor [for pecuniary benefit transports an individual
	in a manner that:
	[(1)     is designed to conceal the individual from local,
	state, or federal law enforcement authorities; and
	[(2)     creates a substantial likelihood that the
	individual will suffer serious bodily injury or death].
	(b)  Except as provided by Subsection (c), an [An] offense
	under this section is a state jail felony.
	(c)  An offense under this section is a felony of the third
	degree if the actor commits the offense:
	(1)  for pecuniary benefit; or
	(2)  in a manner that creates a substantial likelihood
	that the transported individual will suffer serious bodily injury
	or death.
	(d)  It is an affirmative defense to prosecution under this
	section that the actor is related to the transported individual
	within the second degree of consanguinity or, at the time of the
	offense, within the second degree of affinity.
	(e)  If conduct constituting an offense under this section
	also constitutes an offense under another section of this code, the
	actor may be prosecuted under either section.
	SECTION 3.  Subsection (a), Section 71.02, Penal Code, as
	amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
	(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
	reenacted and amended to read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, forgery, deadly conduct, assault punishable as a Class A
	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
	motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34 or 35;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10; [or]
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15) [(14)]  any offense under Section 42.10;
	(16) [(14)]  any offense under Section 46.06(a)(1) or
	46.14; or
	(17)  any offense under Section 20.05.
	SECTION 4.  Article 13.12, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 13.12.  FALSE IMPRISONMENT, [AND] KIDNAPPING, AND
	SMUGGLING OF PERSONS
	Venue for false imprisonment, [and] kidnapping, and
	smuggling of persons is in either the county in which the offense
	was committed, or in any county through, into, or out of which the
	person falsely imprisoned, [or] kidnapped, or transported may have
	been taken.
	SECTION 5.  Subdivision (2), Article 59.01, Code of Criminal
	Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B.
	2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular
	Session, 2009, is reenacted and amended to read as follows:
	(2)  "Contraband" means property of any nature,
	including real, personal, tangible, or intangible, that is:
	(A)  used in the commission of:
	(i)  any first or second degree felony under
	the Penal Code;
	(ii)  any felony under Section 15.031(b),
	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
	31, 32, 33, 33A, or 35, Penal Code;
	(iii)  any felony under The Securities Act
	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
	(iv)  any offense under Chapter 49, Penal
	Code, that is punishable as a felony of the third degree or state
	jail felony, if the defendant has been previously convicted three
	times of an offense under that chapter;
	(B)  used or intended to be used in the commission
	of:
	(i)  any felony under Chapter 481, Health
	and Safety Code (Texas Controlled Substances Act);
	(ii)  any felony under Chapter 483, Health
	and Safety Code;
	(iii)  a felony under Chapter 153, Finance
	Code;
	(iv)  any felony under Chapter 34, Penal
	Code;
	(v)  a Class A misdemeanor under Subchapter
	B, Chapter 365, Health and Safety Code, if the defendant has been
	previously convicted twice of an offense under that subchapter;
	(vi)  any felony under Chapter 152, Finance
	Code;
	(vii)  any felony under Chapter 32, Human
	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
	involves the state Medicaid program;
	(viii)  a Class B misdemeanor under Chapter
	522, Business & Commerce Code;
	(ix)  a Class A misdemeanor under Section
	306.051, Business & Commerce Code; [or]
	(x)  any offense under Section 42.10, Penal
	Code;
	(xi) [(x)]  any offense under Section
	46.06(a)(1) or 46.14, Penal Code;
	(xii) [(x)]  any offense under Chapter 71,
	Penal Code; or
	(xiii)  any offense under Section 20.05,
	Penal Code;
	(C)  the proceeds gained from the commission of a
	felony listed in Paragraph (A) or (B) of this subdivision, a
	misdemeanor listed in Paragraph (B)(viii), [or] (x), (xi), or (xii)
	of this subdivision, or a crime of violence;
	(D)  acquired with proceeds gained from the
	commission of a felony listed in Paragraph (A) or (B) of this
	subdivision, a misdemeanor listed in Paragraph (B)(viii), [or] (x),
	(xi), or (xii) of this subdivision, or a crime of violence; or
	(E)  used to facilitate or intended to be used to
	facilitate the commission of a felony under Section 15.031 or
	43.25, Penal Code.
	SECTION 6.  The changes in law made by this Act in amending
	Sections 20.05 and 71.02, Penal Code, 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 covered by the
	law in effect when 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 7.  The change in law made by this Act in amending
	Subdivision (2), Article 59.01, Code of Criminal Procedure, applies
	only to the forfeiture of property in relation to an offense
	committed on or after the effective date of this Act.  Forfeiture of
	property in relation to an offense committed before the effective
	date of this Act is governed by the law in effect when 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 8.  To the extent of any conflict, this Act prevails
	over another Act of the 82nd Legislature, Regular Session, 2011,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 9.  This Act takes effect September 1, 2011.