By: Birdwell, et al. S.B. No. 3
(In the Senate - Filed March 3, 2015; March 3, 2015, read
first time and referred to Subcommittee on Border Security;
March 16, 2015, reported adversely, with favorable Committee
Substitute to Committee on Veteran Affairs and Military
Installations; March 23, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 1,
1 present not voting; March 23, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 3 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Texas Department of Public
Safety, military and law enforcement training, and the
investigation, prosecution, punishment, and prevention of certain
offenses; creating an offense and increasing a criminal penalty;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that the deployment of
Texas National Guard troops to the border region and the increase in
the number of Texas Department of Public Safety troopers assigned
to the border region have made a significant impact on securing the
border. It is the intention of the legislature to continue to fund
the Texas National Guard's deployment to the border region and to
fund the Texas Department of Public Safety's expansion of its
operations in the border region. The legislature finds that the
deployment of Texas National Guard troops to the border region is
needed until the Texas Department of Public Safety has the
personnel to fully secure the border region without the assistance
of the Texas National Guard troops.
SECTION 2. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers, [and] officers, and members of the
reserve officer corps commissioned by the Public Safety Commission
and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million located primarily in a
county with a population of 2 million or more that operates an
airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code; and
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department as officers
under Sections 242.102 and 243.052, Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061 [1702.061(f)],
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(35) investigators commissioned by the Texas Juvenile
Justice Department as officers under Section 221.011, Human
Resources Code; and
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 3. Section 4, Article 18.20, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.
A judge of competent jurisdiction may issue an order authorizing
interception of wire, oral, or electronic communications only if
the prosecutor applying for the order shows probable cause to
believe that the interception will provide evidence of the
commission of:
(1) a felony under Section 19.02, 19.03, or 43.26,
Penal Code;
(2) a felony under:
(A) Chapter 481, Health and Safety Code, other
than felony possession of marihuana;
(B) Section 485.032, Health and Safety Code; or
(C) Chapter 483, Health and Safety Code;
(3) an offense under Section 20.03 or 20.04, Penal
Code;
(4) an offense under Chapter 20A, Penal Code;
(5) an offense under Chapter 34, Penal Code, if the
criminal activity giving rise to the proceeds involves the
commission of an offense under Title 5, Penal Code, or an offense
under federal law or the laws of another state containing elements
that are substantially similar to the elements of an offense under
Title 5;
(6) an offense under Section 38.11, Penal Code; [or]
(7) an offense under Section 43.04 or 43.05, Penal
Code; or
(8) an attempt, conspiracy, or solicitation to commit
an offense listed in this section.
SECTION 4. Article 59.01(2), Code of Criminal Procedure, as
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 151, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05 or
20.06, Penal Code; or
(xiii) [(xiv)] an offense under Section
326.002, Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
or (xi) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 20A.02 or
Chapter 43, Penal Code.
SECTION 5. Section 411.0043, Government Code, is amended to
read as follows:
Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The
commission shall implement a policy requiring the department to use
appropriate technological solutions to improve the department's
ability to perform its functions. The policy must ensure that the
public is able to interact with the department on the Internet.
(b) The department shall periodically:
(1) review the department's existing information
technology system to determine whether:
(A) the system's security should be upgraded; and
(B) the system provides the department with the
best ability to monitor and investigate criminal activity on the
Internet; and
(2) make any necessary improvements to the
department's information technology system.
SECTION 6. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0163 to read as follows:
Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW
ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of
law, the department may, at the time a commissioned officer is
hired, elect to credit up to four years of experience as a peace
officer in the state as years of service for the purpose of
calculating the officer's salary under Schedule C. All officers
are subject to the one-year probationary period under Section
411.007(g) notwithstanding the officer's rank or salary
classification.
SECTION 7. Subchapter A, Chapter 411, Government Code, is
amended by adding Sections 411.0203, 411.0208, and 411.0209 to read
as follows:
Sec. 411.0203. TEXAS TRANSNATIONAL INTELLIGENCE CENTER.
(a) The department by rule shall establish the Texas Transnational
Intelligence Center as a central repository of real-time
information relating to:
(1) autopsies in which the person's death is likely
connected to transnational criminal activity;
(2) criminal activity in the counties along the
Texas-Mexico border and certain other counties; and
(3) other transnational criminal activity in the
state.
(b) The department shall locate the center in a county with
a population of not more than 800,000 that is adjacent to the
Texas-Mexico border. The department may only locate the center in a
county if the sheriff's department in the county and a police
department of a municipality in the county agree to jointly operate
the center.
(c) The sheriff's department of the county in which the
center is located and the police department of the municipality
that agrees to jointly operate the center shall assist in the
establishment of the center.
(d) Each law enforcement agency in a county located along
the Texas-Mexico border or in a county with a federal checkpoint
shall report to the center information regarding criminal activity
in the law enforcement agency's jurisdiction, including
information on kidnappings, home invasions, and incidents of
impersonation of law enforcement officers. The Texas Alcoholic
Beverage Commission and Parks and Wildlife Department shall report
to the center information regarding transnational criminal
activity in each agency's jurisdiction.
(e) The information in the center shall be made available to
each law enforcement agency in the state and the Texas Alcoholic
Beverage Commission and Parks and Wildlife Department.
Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission
may provide for the establishment of a reserve officer corps
consisting of retired or previously commissioned officers of the
department.
(b) The commission shall establish qualifications and
standards of training for members of the reserve officer corps.
(c) The commission may limit the size of the reserve officer
corps.
(d) The director shall appoint the members of the reserve
officer corps. Members serve at the director's discretion.
(e) The director may call the reserve officer corps into
service at any time the director considers it necessary to have
additional officers to assist the department in conducting
background investigations, sex offender compliance checks, and
other duties as determined necessary by the director.
Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL
BORDER CHECKPOINTS. (a) To prevent the unlawful transfer of
contraband from this state to the United Mexican States and other
unlawful activity, the department shall investigate the
feasibility of providing to federal authorities at international
border checkpoints assistance in the interdiction of weapons, bulk
currency, stolen vehicles, and other contraband, and of fugitives,
being smuggled into the United Mexican States.
(b) The department may share with the federal government the
cost of staffing any international border checkpoints for the
purposes described by this section.
(c) The director shall adopt procedures as necessary to
administer this section.
SECTION 8. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.054 to read as follows:
Sec. 411.054. CRIME STATISTICS REPORTING. (a) Each local
law enforcement agency shall:
(1) implement an incident-based reporting system that
meets the reporting requirements of the National Incident-Based
Reporting System of the Uniform Crime Reporting Program of the
Federal Bureau of Investigation; and
(2) use the system described by Subdivision (1) to
submit to the department information and statistics concerning
criminal offenses committed in the jurisdiction of the local law
enforcement agency.
(b) The department shall adopt rules to implement this
section, including rules prescribing:
(1) the form and manner of the submission of
information and statistics; and
(2) the frequency of reporting.
(c) Notwithstanding any other law, a local law enforcement
agency that is not in compliance with this section and that receives
grant funds from the department or the criminal justice division of
the governor's office may only use those funds to come into
compliance with this section.
(d) A local law enforcement agency is not required to comply
with this section before September 1, 2019.
(e) Subsection (d) and this subsection expire September 1,
2019.
SECTION 9. Subchapter D, Chapter 437, Government Code, is
amended by adding Section 437.164 to read as follows:
Sec. 437.164. MULTIUSE TRAINING FACILITY. (a) The Texas
Facilities Commission shall construct a multiuse training facility
to be used by the department, the Texas military forces, the Texas
Department of Public Safety, county and municipal law enforcement
agencies, and any other military or law enforcement agency,
including agencies of the federal government, for training
purposes.
(b) The Texas Facilities Commission, with the assistance of
the department and the Texas Department of Public Safety, shall
locate and acquire real property for the purpose of constructing
the training facility.
(c) The department and the Texas Department of Public Safety
shall, with the assistance of the Texas Facilities Commission,
design the training facility.
(d) On completion of the construction of the training
facility, the Texas Facilities Commission shall transfer ownership
of the training facility, including the real property and
buildings, to the department.
(e) The department shall apply for federal money to
reimburse the state for the cost of constructing the training
facility.
(f) The department shall manage the training facility and
may adopt rules necessary to implement this section. The
department shall make the training facility available for use by
the department, the Texas military forces, the Texas Department of
Public Safety, county and municipal law enforcement agencies, and
any other military or law enforcement agency, including agencies of
the federal government. The department may set and collect fees for
the use of the training facility.
SECTION 10. Section 772.007, Government Code, is reenacted
to read as follows:
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The
criminal justice division established under Section 772.006 shall
administer a competitive grant program to support regional,
multidisciplinary approaches to combat gang violence through the
coordination of gang prevention, intervention, and suppression
activities.
(b) The grant program administered under this section must
be directed toward regions of this state that have demonstrably
high levels of gang violence.
(c) The criminal justice division shall award grants to
qualified applicants, as determined by the division, that
demonstrate a comprehensive approach that balances gang
prevention, intervention, and suppression activities to reduce
gang violence.
(d) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) detailed
reporting of the results and performance of the grant program
administered under this section.
(e) The criminal justice division may use any revenue
available for purposes of this section.
SECTION 11. Section 20.05, Penal Code, is amended to read as
follows:
Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an
offense if the person, with the intent to obtain a pecuniary
benefit, knowingly:
(1) [intentionally] uses a motor vehicle, aircraft,
[or] watercraft, or other means of conveyance to transport an
individual with the intent to:
(A) [(1)] conceal the individual from a peace
officer or special investigator; or
(B) [(2)] flee from a person the actor knows is a
peace officer or special investigator attempting to lawfully arrest
or detain the actor; or
(2) encourages or induces a person to enter or remain
in this country in violation of federal law by concealing,
harboring, or shielding that person from detection.
(b) An [Except as provided by Subsection (c), an] offense
under this section is [a state jail felony.
[(c) An offense under this section is] a felony of the third
degree, except that [if the actor commits] the offense is:
(1) a felony of the second degree if:
(A) the actor commits the offense [for pecuniary
benefit; or
[(2)] in a manner that creates a substantial
likelihood that the smuggled [transported] individual will suffer
serious bodily injury or death; or
(B) the smuggled individual is a child younger
than 18 years of age at the time of the offense; or
(2) a felony of the first degree 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.
(c) [(d)] It is an affirmative defense to prosecution of an
offense under this section, other than an offense punishable under
Subsection (b)(1)(A) or (b)(2), that the actor is related to the
smuggled [transported] individual within the second degree of
consanguinity or, at the time of the offense, within the second
degree of affinity.
(d) [(e)] If conduct constituting an offense under this
section also constitutes an offense under another section of this
code, the actor may be prosecuted under either section or under both
sections.
SECTION 12. Chapter 20, Penal Code, is amended by adding
Section 20.06 to read as follows:
Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person
commits an offense if, during a period that is 30 or more days in
duration, the person engages two or more times in conduct that
constitutes an offense under Section 20.05.
(b) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific conduct engaged
in by the defendant constituted an offense under Section 20.05 or on
which exact date the defendant engaged in that conduct. The jury
must agree unanimously that the defendant, during a period that is
30 or more days in duration, engaged two or more times in conduct
that constitutes an offense under Section 20.05.
(c) If the victim of an offense under Subsection (a) is the
same victim as a victim of an offense under Section 20.05, a
defendant may not be convicted of the offense under Section 20.05 in
the same criminal action as the offense under Subsection (a),
unless the offense under Section 20.05:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the conduct that constitutes an
offense under Section 20.05 is alleged to have been committed
against the same victim.
(e) Except as provided by Subsections (f) and (g), an
offense under this section is a felony of the second degree.
(f) An offense under this section is a felony of the first
degree 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.
(g) An offense under this section is a felony of the first
degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years, if:
(1) 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
(2) the smuggled individual suffered serious bodily
injury or death.
SECTION 13. Sections 71.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or children,
solicitation of a minor, forgery, deadly conduct, assault
punishable as a Class A misdemeanor, burglary of a motor vehicle, or
unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05 or 20.06; or
(18) any offense classified as a felony under the Tax
Code.
(b) Except as provided in Subsections (c) and (d), an
offense under this section is one category higher than the most
serious offense listed in Subsection (a) that was committed, and if
the most serious offense is a Class A misdemeanor, the offense is a
state jail felony, except that the offense is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for:
(1) life without parole, if the most serious offense
is an aggravated sexual assault and if at the time of that offense
the defendant is 18 years of age or older and:
(A) the victim of the offense is younger than six
years of age;
(B) the victim of the offense is younger than 14
years of age and the actor commits the offense in a manner described
by Section 22.021(a)(2)(A); or
(C) the victim of the offense is younger than 17
years of age and suffered serious bodily injury as a result of the
offense; [or]
(2) life or for any term of not more than 99 years or
less than 30 years if the most serious offense is an offense under
Section 20.06 that is punishable under Subsection (g) of that
section; or
(3) life or for any term of not more than 99 years or
less than 15 years if the most serious offense is an offense
punishable as a felony of the first degree, other than an offense
described by Subdivision (1) or (2).
SECTION 14. The change in law made by this Act to Section 4,
Article 18.20, Code of Criminal Procedure, applies only to an
application for an interception order filed on or after the
effective date of this Act. An application for an interception
order filed before the effective date of this Act is governed by the
law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
SECTION 15. The Department of Public Safety shall adopt
rules required under Section 411.054(b), Government Code, as added
by this Act, not later than December 31, 2015.
SECTION 16. The changes in law made by this Act to Sections
20.05 and 71.02, Penal Code, 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 occurred before that date.
SECTION 17. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 18. This Act takes effect September 1, 2015.
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