| 1 | 1 | | 84R4487 LEH-F |
|---|
| 2 | 2 | | By: Lozano H.B. No. 2806 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prosecution of and increasing the punishment for |
|---|
| 8 | 8 | | the offense of unlawful smuggling or concealment of persons; |
|---|
| 9 | 9 | | creating an offense. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. The heading to Chapter 20, Penal Code, is amended |
|---|
| 12 | 12 | | to read as follows: |
|---|
| 13 | 13 | | CHAPTER 20. KIDNAPPING AND[,] UNLAWFUL RESTRAINT, [AND] |
|---|
| 14 | 14 | | SMUGGLING, OR CONCEALMENT OF PERSONS |
|---|
| 15 | 15 | | SECTION 2. The heading to Section 20.05, Penal Code, is |
|---|
| 16 | 16 | | amended to read as follows: |
|---|
| 17 | 17 | | Sec. 20.05. UNLAWFUL SMUGGLING OR CONCEALMENT OF PERSONS. |
|---|
| 18 | 18 | | SECTION 3. Sections 20.05(a), (b), (c), and (d), Penal |
|---|
| 19 | 19 | | Code, are amended to read as follows: |
|---|
| 20 | 20 | | (a) A person commits an offense if the person intentionally: |
|---|
| 21 | 21 | | (1) uses a motor vehicle, aircraft, or watercraft to |
|---|
| 22 | 22 | | transport an individual with the intent to: |
|---|
| 23 | 23 | | (A) [(1)] conceal the individual or the |
|---|
| 24 | 24 | | individual's identity from a peace officer or special investigator; |
|---|
| 25 | 25 | | or |
|---|
| 26 | 26 | | (B) [(2)] flee from a person the actor knows is a |
|---|
| 27 | 27 | | peace officer or special investigator attempting to lawfully arrest |
|---|
| 28 | 28 | | or detain the actor; |
|---|
| 29 | 29 | | (2) assists, guides, or directs three or more |
|---|
| 30 | 30 | | individuals to enter or remain on agricultural land without the |
|---|
| 31 | 31 | | effective consent of the owner; or |
|---|
| 32 | 32 | | (3) while violating state or federal law, conceals an |
|---|
| 33 | 33 | | individual in a structure or in a motor vehicle, aircraft, or |
|---|
| 34 | 34 | | watercraft or conceals that individual's identity from a peace |
|---|
| 35 | 35 | | officer or special investigator. |
|---|
| 36 | 36 | | (b) An [Except as provided by Subsection (c), an] offense |
|---|
| 37 | 37 | | under this section is a [state jail] felony of the second degree. |
|---|
| 38 | 38 | | (c) The minimum term of imprisonment for an [An] offense |
|---|
| 39 | 39 | | under this section is 10 years if it is shown on the trial of the |
|---|
| 40 | 40 | | offense that: |
|---|
| 41 | 41 | | (1) the actor committed [is a felony of the third |
|---|
| 42 | 42 | | degree if the actor commits] the offense: |
|---|
| 43 | 43 | | (A) [(1)] for pecuniary benefit; or |
|---|
| 44 | 44 | | (B) [(2)] in a manner that created [creates] a |
|---|
| 45 | 45 | | substantial likelihood that the smuggled or concealed |
|---|
| 46 | 46 | | [transported] individual would [will] suffer serious bodily injury |
|---|
| 47 | 47 | | or death; or |
|---|
| 48 | 48 | | (2) during the commission of the offense the actor, |
|---|
| 49 | 49 | | another party to the offense, or an individual assisted, guided, or |
|---|
| 50 | 50 | | directed by the actor knowingly possessed a firearm. |
|---|
| 51 | 51 | | (d) It is an affirmative defense to prosecution under this |
|---|
| 52 | 52 | | section that the actor is related to the smuggled or concealed |
|---|
| 53 | 53 | | [transported] individual within the second degree of consanguinity |
|---|
| 54 | 54 | | or, at the time of the offense, within the second degree of |
|---|
| 55 | 55 | | affinity. |
|---|
| 56 | 56 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 57 | 57 | | to an offense committed on or after the effective date of this Act. |
|---|
| 58 | 58 | | An offense committed before the effective date of this Act is |
|---|
| 59 | 59 | | governed by the law in effect on the date the offense was committed, |
|---|
| 60 | 60 | | and the former law is continued in effect for that purpose. For |
|---|
| 61 | 61 | | purposes of this section, an offense was committed before the |
|---|
| 62 | 62 | | effective date of this Act if any element of the offense occurred |
|---|
| 63 | 63 | | before that date. |
|---|
| 64 | 64 | | SECTION 5. This Act takes effect September 1, 2015. |
|---|