Texas 2021 - 87th Regular

Texas House Bill HB687 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R19053 LHC-F
2		-	By: Lozano, Guillen, Canales, et al. H.B. No. 687
3		-	Substitute the following for H.B. No. 687:
4		-	By: Murr C.S.H.B. No. 687
	1	+	87R3344 LHC-F
	2	+	By: Lozano H.B. No. 687
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution and punishment of the offense of
10	8		smuggling of persons.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 20.01, Penal Code, is amended by adding
13		-	Subdivisions (6) and (7) to read as follows:
14		-	(6) "Firearm" has the meaning assigned by Section
	11	+	Subdivisions (6), (7), and (8) to read as follows:
	12	+	(6) "Agricultural land" has the meaning assigned by
	13	+	Section 75.001, Civil Practice and Remedies Code.
	14	+	(7) "Firearm" has the meaning assigned by Section
15	15		46.01.
16		-	(7) "Special investigator" includes an agent of the
	16	+	(8) "Special investigator" includes an agent of the
17	17		United States Department of Homeland Security.
18	18		SECTION 2. Sections 20.05(a) and (b), Penal Code, are
19	19		amended to read as follows:
20	20		(a) A person commits an offense if the person [, with the
21	21		intent to obtain a pecuniary benefit,] knowingly:
22	22		(1) uses a motor vehicle, aircraft, watercraft, or
23	23		other means of conveyance to transport an individual with the
24	24		intent to:
25	25		(A) conceal the individual from a peace officer
26	26		or special investigator; or
27	27		(B) flee from a person the actor knows is a peace
28	28		officer or special investigator attempting to lawfully arrest or
29		-	detain the actor; or
	29	+	detain the actor; [or]
30	30		(2) encourages or induces a person to enter or remain
31	31		in this country in violation of federal law by concealing,
32		-	harboring, or shielding that person from detection.
	32	+	harboring, or shielding that person from detection; or
	33	+	(3) assists, guides, or directs two or more
	34	+	individuals to enter or remain on agricultural land without the
	35	+	effective consent of the owner.
33	36		(b) An offense under this section is a felony of the third
34	37		degree, except that the offense is:
35	38		(1) a felony of the second degree if:
36	39		(A) the actor commits the offense in a manner
37	40		that creates a substantial likelihood that the smuggled individual
38	41		will suffer serious bodily injury or death; [or]
39	42		(B) the smuggled individual is a child younger
40	43		than 18 years of age at the time of the offense;
41	44		(C) the offense was committed with the intent to
42	45		obtain a pecuniary benefit;
43	46		(D) during the commission of the offense the
44	47		actor, another party to the offense, or an individual assisted,
45	48		guided, or directed by the actor knowingly possessed a firearm; or
46	49		(E) the actor commits the offense under
47	50		Subsection (a)(1)(B); or
48	51		(2) a felony of the first degree if:
49	52		(A) it is shown on the trial of the offense that,
50	53		as a direct result of the commission of the offense, the smuggled
51	54		individual became a victim of sexual assault, as defined by Section
52	55		22.011, or aggravated sexual assault, as defined by Section 22.021;
53	56		or
54	57		(B) the smuggled individual suffered serious
55	58		bodily injury or death.
56	59		SECTION 3. The change in law made by this Act applies only
57	60		to an offense committed on or after the effective date of this Act.
58	61		An offense committed before the effective date of this Act is
59	62		governed by the law in effect on the date the offense was committed,
60	63		and the former law is continued in effect for that purpose. For
61	64		purposes of this section, an offense was committed before the
62	65		effective date of this Act if any element of the offense occurred
63	66		before that date.
64	67		SECTION 4. This Act takes effect September 1, 2021.