Texas 2023 - 88th Regular

Texas House Bill HB800

Filed
3/9/23  
Out of House Committee
5/3/23  
Voted on by House
5/10/23  
Out of Senate Committee
5/19/23  
Bill Becomes Law
 

Caption

Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

Impact

The enactment of HB 800 will significantly impact the state's legal framework concerning human trafficking and smuggling cases. By establishing harsher penalties, it seeks to deter these activities and hold smugglers more accountable for the actions they undertake. This could lead to a more severe criminal justice response to human trafficking, potentially changing the dynamics of how such cases are handled in the courts. Furthermore, this legislation could create additional pressures on the already burdened law enforcement and judicial systems in Texas.

Summary

House Bill 800 aims to increase the penalties for human smuggling in Texas by categorizing offenses related to smuggling individuals and operating stash houses as serious felonies. Specifically, the bill escalates the punishment for human smugglers to a minimum of a third-degree felony, mandating a minimum term of imprisonment of 10 years in certain circumstances. This legislation is part of a broader effort to enhance the legal repercussions for individuals involved in transporting people illegally across the Texas-Mexico border, which aligns with current state priorities on border security and criminal justice reform.

Sentiment

The sentiment around HB 800 appears to be largely supportive among its proponents, particularly those aligned with law enforcement and border security advocacy. Supporters argue that the bill is a necessary step to combat a serious crime that poses threats not only to the safety of individuals being smuggled but also to the communities affected by these criminal activities. However, some opposition exists, particularly from civil rights advocates who express concern about the implications of increased incarceration and the potential for over-policing in communities that are already marginalized.

Contention

A notable point of contention surrounding HB 800 is the extent to which increased penalties may effectively deter human smuggling without disproportionately punishing the victims, who are often vulnerable individuals seeking a better life. Critics worry that hardline approaches to penalty enhancement could lead to negative social consequences, including reinforced stigmas against certain populations and challenges in ensuring fair legal representation for those caught in smuggling operations. There is an ongoing debate on balancing public safety with humane treatment of individuals involved.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: 05
    • Section: 06
    • Section: 07
    • Section: 05
    • Section: 06
    • Section: 07
    • Section: 05
    • Section: 06
    • Section: 07
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: 10
    • Section: 10
    • Section: New Section
    • Section: New Section
  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: 04
    • Section: 05
    • Section: New Section
    • Section: 04
    • Section: New Section
    • Section: 04
    • Section: New Section
  • Chapter 38. Obstructing Governmental Operation
    • Section: 04
    • Section: 04
    • Section: New Section
  • Chapter 12. Punishments
    • Section: 50
    • Section: New Section

Companion Bills

TX HB3500

Duplicate Relating to the punishment for certain criminal conduct involving the smuggling of persons, the operation of a stash house, or evading an arrest or detention; increasing criminal penalties.

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