Bill Text: TX SB600 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to increasing the minimum term of imprisonment for certain criminal offenses involving the smuggling of persons.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2023-04-14 - Referred to State Affairs [SB600 Detail]
Download: Texas-2023-SB600-Engrossed.html
| By: Birdwell | S.B. No. 600 | |
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| relating to increasing the minimum term of imprisonment for certain | ||
| criminal offenses involving the smuggling of persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 2. 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 3. 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 4. This Act takes effect September 1, 2023. | ||
