Texas 2011 - 82nd Regular

Texas Senate Bill SB146 Compare Versions

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1	1	By: Hinojosa S.B. No. 146
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	May 2, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; May 2, 2011, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 146 By: Hinojosa
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the offense of smuggling of persons and unlawful
13	13	transport of an individual; providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. The heading to Chapter 20, Penal Code, is amended
16	16	to read as follows:
17	17	CHAPTER 20. KIDNAPPING, [AND] UNLAWFUL RESTRAINT, AND
18	18	SMUGGLING OF PERSONS
19	19	SECTION 2. Section 20.05, Penal Code, is amended to read as
20	20	follows:
21	21	Sec. 20.05. SMUGGLING OF PERSONS [UNLAWFUL TRANSPORT].
22	22	(a) A person commits an offense if the person intentionally uses a
23	23	motor vehicle, aircraft, or watercraft to transport an individual
24	24	with the intent to conceal the individual from a peace officer or
25	25	special investigator and flees from a person the actor knows is a
26	26	peace officer or special investigator attempting to lawfully arrest
27	27	or detain the actor [for pecuniary benefit transports an individual
28	28	in a manner that:
29	29	[(1) is designed to conceal the individual from local,
30	30	state, or federal law enforcement authorities; and
31	31	[(2) creates a substantial likelihood that the
32	32	individual will suffer serious bodily injury or death].
33	33	(b) Except as provided by Subsection (c), an [An] offense
34	34	under this section is a state jail felony.
35	35	(c) An offense under this section is a felony of the third
36	36	degree if the actor commits the offense:
37	37	(1) for pecuniary benefit; or
38	38	(2) in a manner that creates a substantial likelihood
39	39	that the transported individual will suffer serious bodily injury
40	40	or death.
41	41	(d) It is an affirmative defense to prosecution under this
42	42	section that the actor is related to the transported individual
43	43	within the third degree of consanguinity or, at the time of the
44	44	offense, within the third degree of affinity.
45	45	(e) If conduct constituting an offense under this section
46	46	also constitutes an offense under another section of this code, the
47	47	actor may be prosecuted under either section.
48	48	SECTION 3. Subsection (a), Section 71.02, Penal Code, as
49	49	amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
50	50	(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
51	51	reenacted and amended to read as follows:
52	52	(a) A person commits an offense if, with the intent to
53	53	establish, maintain, or participate in a combination or in the
54	54	profits of a combination or as a member of a criminal street gang,
55	55	the person commits or conspires to commit one or more of the
56	56	following:
57	57	(1) murder, capital murder, arson, aggravated
58	58	robbery, robbery, burglary, theft, aggravated kidnapping,
59	59	kidnapping, aggravated assault, aggravated sexual assault, sexual
60	60	assault, forgery, deadly conduct, assault punishable as a Class A
61	61	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
62	62	motor vehicle;
63	63	(2) any gambling offense punishable as a Class A
64	64	misdemeanor;
65	65	(3) promotion of prostitution, aggravated promotion
66	66	of prostitution, or compelling prostitution;
67	67	(4) unlawful manufacture, transportation, repair, or
68	68	sale of firearms or prohibited weapons;
69	69	(5) unlawful manufacture, delivery, dispensation, or
70	70	distribution of a controlled substance or dangerous drug, or
71	71	unlawful possession of a controlled substance or dangerous drug
72	72	through forgery, fraud, misrepresentation, or deception;
73	73	(6) any unlawful wholesale promotion or possession of
74	74	any obscene material or obscene device with the intent to wholesale
75	75	promote the same;
76	76	(7) any offense under Subchapter B, Chapter 43,
77	77	depicting or involving conduct by or directed toward a child
78	78	younger than 18 years of age;
79	79	(8) any felony offense under Chapter 32;
80	80	(9) any offense under Chapter 36;
81	81	(10) any offense under Chapter 34 or 35;
82	82	(11) any offense under Section 37.11(a);
83	83	(12) any offense under Chapter 20A;
84	84	(13) any offense under Section 37.10; [or]
85	85	(14) any offense under Section 38.06, 38.07, 38.09, or
86	86	38.11;
87	87	(15) [(14)] any offense under Section 42.10;
88	88	(16) [(14)] any offense under Section 46.06(a)(1) or
89	89	46.14; or
90	90	(17) any offense under Section 20.05.
91	91	SECTION 4. Article 13.12, Code of Criminal Procedure, is
92	92	amended to read as follows:
93	93	Art. 13.12. FALSE IMPRISONMENT, [AND] KIDNAPPING, AND
94	94	SMUGGLING OF PERSONS
95	95	Venue for false imprisonment, [and] kidnapping, and
96	96	smuggling of persons is in either the county in which the offense
97	97	was committed, or in any county through, into, or out of which the
98	98	person falsely imprisoned, [or] kidnapped, or transported may have
99	99	been taken.
100	100	SECTION 5. Subdivision (2), Article 59.01, Code of Criminal
101	101	Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B.
102	102	2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular
103	103	Session, 2009, is reenacted and amended to read as follows:
104	104	(2) "Contraband" means property of any nature,
105	105	including real, personal, tangible, or intangible, that is:
106	106	(A) used in the commission of:
107	107	(i) any first or second degree felony under
108	108	the Penal Code;
109	109	(ii) any felony under Section 15.031(b),
110	110	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
111	111	31, 32, 33, 33A, or 35, Penal Code;
112	112	(iii) any felony under The Securities Act
113	113	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
114	114	(iv) any offense under Chapter 49, Penal
115	115	Code, that is punishable as a felony of the third degree or state
116	116	jail felony, if the defendant has been previously convicted three
117	117	times of an offense under that chapter;
118	118	(B) used or intended to be used in the commission
119	119	of:
120	120	(i) any felony under Chapter 481, Health
121	121	and Safety Code (Texas Controlled Substances Act);
122	122	(ii) any felony under Chapter 483, Health
123	123	and Safety Code;
124	124	(iii) a felony under Chapter 153, Finance
125	125	Code;
126	126	(iv) any felony under Chapter 34, Penal
127	127	Code;
128	128	(v) a Class A misdemeanor under Subchapter
129	129	B, Chapter 365, Health and Safety Code, if the defendant has been
130	130	previously convicted twice of an offense under that subchapter;
131	131	(vi) any felony under Chapter 152, Finance
132	132	Code;
133	133	(vii) any felony under Chapter 32, Human
134	134	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
135	135	involves the state Medicaid program;
136	136	(viii) a Class B misdemeanor under Chapter
137	137	522, Business & Commerce Code;
138	138	(ix) a Class A misdemeanor under Section
139	139	306.051, Business & Commerce Code; [or]
140	140	(x) any offense under Section 42.10, Penal
141	141	Code;
142	142	(xi) [(x)] any offense under Section
143	143	46.06(a)(1) or 46.14, Penal Code;
144	144	(xii) [(x)] any offense under Chapter 71,
145	145	Penal Code; or
146	146	(xiii) any offense under Section 20.05,
147	147	Penal Code;
148	148	(C) the proceeds gained from the commission of a
149	149	felony listed in Paragraph (A) or (B) of this subdivision, a
150	150	misdemeanor listed in Paragraph (B)(viii), [or] (x), (xi), or (xii)
151	151	of this subdivision, or a crime of violence;
152	152	(D) acquired with proceeds gained from the
153	153	commission of a felony listed in Paragraph (A) or (B) of this
154	154	subdivision, a misdemeanor listed in Paragraph (B)(viii), [or] (x),
155	155	(xi), or (xii) of this subdivision, or a crime of violence; or
156	156	(E) used to facilitate or intended to be used to
157	157	facilitate the commission of a felony under Section 15.031 or
158	158	43.25, Penal Code.
159	159	SECTION 6. The changes in law made by this Act in amending
160	160	Sections 20.05 and 71.02, Penal Code, apply only to an offense
161	161	committed on or after the effective date of this Act. An offense
162	162	committed before the effective date of this Act is covered by the
163	163	law in effect when the offense was committed, and the former law is
164	164	continued in effect for that purpose. For purposes of this section,
165	165	an offense was committed before the effective date of this Act if
166	166	any element of the offense occurred before that date.
167	167	SECTION 7. The change in law made by this Act in amending
168	168	Subdivision (2), Article 59.01, Code of Criminal Procedure, applies
169	169	only to the forfeiture of property in relation to an offense
170	170	committed on or after the effective date of this Act. Forfeiture of
171	171	property in relation to an offense committed before the effective
172	172	date of this Act is governed by the law in effect when the offense
173	173	was committed, and the former law is continued in effect for that
174	174	purpose. For purposes of this section, an offense was committed
175	175	before the effective date of this Act if any element of the offense
176	176	occurred before that date.
177	177	SECTION 8. To the extent of any conflict, this Act prevails
178	178	over another Act of the 82nd Legislature, Regular Session, 2011,
179	179	relating to nonsubstantive additions to and corrections in enacted
180	180	codes.
181	181	SECTION 9. This Act takes effect September 1, 2011.
182	182	* * * * *