| 1 | 1 | | By: Williams, Davis S.B. No. 2195 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the creation of and penalties for certain offenses that |
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| 7 | 7 | | take place at or involve an attempt to cross an international |
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| 8 | 8 | | border. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 11 | 11 | | by adding Section 12.50 to read as follows: |
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| 12 | 12 | | Sec. 12.50. PENALTIES FOR CERTAIN OFFENSES COMMITTED ON |
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| 13 | 13 | | INTERNATIONAL BRIDGE. An offense under Section 31.07, 46.02, or |
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| 14 | 14 | | 46.05 is a felony of the second degree if the person who committed |
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| 15 | 15 | | the offense was, at the time the offense was committed, traveling on |
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| 16 | 16 | | an international bridge toward Mexico. |
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| 17 | 17 | | SECTION 2. Section 38.05, Penal Code, is amended by |
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| 18 | 18 | | amending Subsection (c) and adding Subsection (e) to read as |
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| 19 | 19 | | follows: |
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| 20 | 20 | | (c) Except as provided by Subsections [Subsection] (d) and |
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| 21 | 21 | | (e), an offense under this section is a Class A misdemeanor. |
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| 22 | 22 | | (e) An offense under this section is a felony of the second |
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| 23 | 23 | | degree if the person who harbored or concealed another, provided |
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| 24 | 24 | | another with a means of avoiding arrest or effecting an escape, or |
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| 25 | 25 | | warned another of discovery or apprehension had the intent to |
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| 26 | 26 | | transport the other person across an international boundary. |
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| 27 | 27 | | SECTION 3. Chapter 46, Penal Code, is amended by adding |
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| 28 | 28 | | Section 46.14 to read as follows: |
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| 29 | 29 | | Sec. 46.14. UNLAWFUL TRANSPORTATION OF CURRENCY. (a) A |
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| 30 | 30 | | person commits an offense if the person, with the intent to evade a |
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| 31 | 31 | | currency reporting requirement under 31 U.S.C. Section 5316 while |
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| 32 | 32 | | traveling on an international bridge toward Mexico, knowingly |
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| 33 | 33 | | conceals more than $10,000 in currency or other monetary |
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| 34 | 34 | | instruments on the person or in any conveyance, article of luggage, |
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| 35 | 35 | | merchandise, or other container. |
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| 36 | 36 | | (b) An offense under this section is a felony of the second |
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| 37 | 37 | | degree. |
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| 38 | 38 | | SECTION 4. The change in law made by this Act applies only |
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| 39 | 39 | | to an offense committed on or after September 1, 2009. An offense |
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| 40 | 40 | | committed before September 1, 2009, is governed by the law in effect |
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| 41 | 41 | | when the offense was committed, and the former law is continued in |
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| 42 | 42 | | effect for that purpose. For purposes of this section, an offense |
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| 43 | 43 | | was committed before September 1, 2009, if any element of the |
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| 44 | 44 | | offense occurred before that date. |
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| 45 | 45 | | SECTION 5. This Act takes effect September 1, 2009. |
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