| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the prosecution and punishment of the offense of |
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| 6 | 8 | | smuggling of persons. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 20.01, Penal Code, is amended by adding |
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| 9 | 11 | | Subdivisions (6), (7), and (8) to read as follows: |
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| 10 | 12 | | (6) "Agricultural land" has the meaning assigned by |
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| 11 | 13 | | Section 75.001, Civil Practice and Remedies Code. |
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| 12 | 14 | | (7) "Firearm" has the meaning assigned by Section |
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| 13 | 15 | | 46.01. |
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| 14 | 16 | | (8) "Special investigator" includes an agent of the |
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| 15 | 17 | | United States Department of Homeland Security. |
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| 16 | 18 | | SECTION 2. Sections 20.05(a) and (b), Penal Code, are |
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| 17 | 19 | | amended to read as follows: |
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| 18 | 20 | | (a) A person commits an offense if the person[, with the |
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| 19 | 21 | | intent to obtain a pecuniary benefit,] knowingly: |
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| 20 | 22 | | (1) uses a motor vehicle, aircraft, watercraft, or |
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| 21 | 23 | | other means of conveyance to transport an individual with the |
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| 22 | 24 | | intent to: |
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| 23 | 25 | | (A) conceal the individual from a peace officer |
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| 24 | 26 | | or special investigator; or |
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| 25 | 27 | | (B) flee from a person the actor knows is a peace |
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| 26 | 28 | | officer or special investigator attempting to lawfully arrest or |
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| 27 | 29 | | detain the actor; [or] |
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| 28 | 30 | | (2) encourages or induces a person to enter or remain |
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| 29 | 31 | | in this country in violation of federal law by concealing, |
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| 30 | 32 | | harboring, or shielding that person from detection; or |
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| 31 | 33 | | (3) assists, guides, or directs two or more |
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| 32 | 34 | | individuals to enter or remain on agricultural land without the |
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| 33 | 35 | | effective consent of the owner. |
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| 34 | 36 | | (b) An offense under this section is a felony of the third |
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| 35 | 37 | | degree, except that the offense is: |
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| 36 | 38 | | (1) a felony of the second degree if: |
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| 37 | 39 | | (A) the actor commits the offense in a manner |
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| 38 | 40 | | that creates a substantial likelihood that the smuggled individual |
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| 39 | 41 | | will suffer serious bodily injury or death; [or] |
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| 40 | 42 | | (B) the smuggled individual is a child younger |
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| 41 | 43 | | than 18 years of age at the time of the offense; |
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| 42 | 44 | | (C) the offense was committed with the intent to |
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| 43 | 45 | | obtain a pecuniary benefit; |
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| 44 | 46 | | (D) during the commission of the offense the |
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| 45 | 47 | | actor, another party to the offense, or an individual assisted, |
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| 46 | 48 | | guided, or directed by the actor knowingly possessed a firearm; or |
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| 47 | 49 | | (E) the actor commits the offense under |
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| 48 | 50 | | Subsection (a)(1)(B); or |
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| 49 | 51 | | (2) a felony of the first degree if: |
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| 50 | 52 | | (A) it is shown on the trial of the offense that, |
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| 51 | 53 | | as a direct result of the commission of the offense, the smuggled |
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| 52 | 54 | | individual became a victim of sexual assault, as defined by Section |
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| 53 | 55 | | 22.011, or aggravated sexual assault, as defined by Section 22.021; |
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| 54 | 56 | | or |
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| 55 | 57 | | (B) the smuggled individual suffered serious |
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| 56 | 58 | | bodily injury or death. |
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| 57 | 59 | | SECTION 3. The change in law made by this Act applies only |
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| 58 | 60 | | to an offense committed on or after the effective date of this Act. |
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| 59 | 61 | | An offense committed before the effective date of this Act is |
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| 60 | 62 | | governed by the law in effect on the date the offense was committed, |
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| 61 | 63 | | and the former law is continued in effect for that purpose. For |
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| 62 | 64 | | purposes of this section, an offense was committed before the |
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| 63 | 65 | | effective date of this Act if any element of the offense occurred |
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| 64 | 66 | | before that date. |
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| 65 | 67 | | SECTION 4. This Act takes effect September 1, 2021. |
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