88R7340 JRR-D
By: Lozano H.B. No. 1611
A BILL TO BE ENTITLED
AN ACT
relating to increasing the minimum term of imprisonment for certain
criminal offenses involving the smuggling of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.05(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree with a minimum term of imprisonment of five years, except
that the offense is:
(1) a felony of the second degree with a minimum term
of imprisonment of five years 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;
(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 2. Section 20.06(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsections (f) and (g), an
offense under this section is a felony of the second degree with a
minimum term of imprisonment of five years.
SECTION 3. The changes in law made by this Act 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 was committed before that
date.
SECTION 4. This Act takes effect September 1, 2023.