S.B. No. 576
AN ACT
relating to the prosecution and punishment of the offense of
smuggling of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.01, Penal Code, is amended by adding
Subdivisions (6), (7), and (8) to read as follows:
(6) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.
(7) "Firearm" has the meaning assigned by Section
46.01.
(8) "Special investigator" includes an agent of the
United States Department of Homeland Security.
SECTION 2. Sections 20.05(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person[, with the
intent to obtain a pecuniary benefit,] knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or
other means of conveyance to transport an individual with the
intent to:
(A) conceal the individual from a peace officer
or special investigator; or
(B) 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; or
(3) assists, guides, or directs two or more
individuals to enter or remain on agricultural land without the
effective consent of the owner.
(b) An offense under this section is a felony of the third
degree, except that the offense is:
(1) a felony of the second degree if:
(A) the actor commits the offense in a manner
that creates a substantial likelihood that the smuggled 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;
(C) the offense was committed with the intent to
obtain a pecuniary benefit;
(D) during the commission of the offense the
actor, another party to the offense, or an individual assisted,
guided, or directed by the actor knowingly possessed a firearm; or
(E) the actor commits the offense under
Subsection (a)(1)(B); 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.
SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 576 passed the Senate on
May 5, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 576 passed the House on
May 26, 2021, by the following vote: Yeas 137, Nays 3, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor