| 1 | 1 | | 88R7340 JRR-D |
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| 2 | 2 | | By: Lozano H.B. No. 1611 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the minimum term of imprisonment for certain |
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| 8 | 8 | | criminal offenses involving the smuggling of persons. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 20.05(b), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) An offense under this section is a felony of the third |
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| 13 | 13 | | degree with a minimum term of imprisonment of five years, except |
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| 14 | 14 | | that the offense is: |
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| 15 | 15 | | (1) a felony of the second degree with a minimum term |
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| 16 | 16 | | of imprisonment of five years if: |
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| 17 | 17 | | (A) the actor commits the offense in a manner |
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| 18 | 18 | | that creates a substantial likelihood that the smuggled individual |
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| 19 | 19 | | will suffer serious bodily injury or death; |
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| 20 | 20 | | (B) the smuggled individual is a child younger |
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| 21 | 21 | | than 18 years of age at the time of the offense; |
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| 22 | 22 | | (C) the offense was committed with the intent to |
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| 23 | 23 | | obtain a pecuniary benefit; |
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| 24 | 24 | | (D) during the commission of the offense the |
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| 25 | 25 | | actor, another party to the offense, or an individual assisted, |
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| 26 | 26 | | guided, or directed by the actor knowingly possessed a firearm; or |
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| 27 | 27 | | (E) the actor commits the offense under |
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| 28 | 28 | | Subsection (a)(1)(B); or |
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| 29 | 29 | | (2) a felony of the first degree if: |
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| 30 | 30 | | (A) it is shown on the trial of the offense that, |
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| 31 | 31 | | as a direct result of the commission of the offense, the smuggled |
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| 32 | 32 | | individual became a victim of sexual assault, as defined by Section |
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| 33 | 33 | | 22.011, or aggravated sexual assault, as defined by Section 22.021; |
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| 34 | 34 | | or |
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| 35 | 35 | | (B) the smuggled individual suffered serious |
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| 36 | 36 | | bodily injury or death. |
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| 37 | 37 | | SECTION 2. Section 20.06(e), Penal Code, is amended to read |
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| 38 | 38 | | as follows: |
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| 39 | 39 | | (e) Except as provided by Subsections (f) and (g), an |
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| 40 | 40 | | offense under this section is a felony of the second degree with a |
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| 41 | 41 | | minimum term of imprisonment of five years. |
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| 42 | 42 | | SECTION 3. The changes in law made by this Act apply only to |
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| 43 | 43 | | an offense committed on or after the effective date of this Act. An |
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| 44 | 44 | | offense committed before the effective date of this Act is governed |
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| 45 | 45 | | by the law in effect on the date the offense was committed, and the |
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| 46 | 46 | | former law is continued in effect for that purpose. For purposes of |
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| 47 | 47 | | this section, an offense was committed before the effective date of |
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| 48 | 48 | | this Act if any element of the offense was committed before that |
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| 49 | 49 | | date. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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