Texas 2023 - 88th Regular

Texas House Bill HB3500 Compare Versions

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Version 2 (New)

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1	1	88R14285 JRR-D
2	2	By: Guillen H.B. No. 3500
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain criminal conduct involving
8	8	the smuggling of persons, the operation of a stash house, or evading
9	9	an arrest or detention; increasing criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 12.50(b) and (c), Penal Code, are
12	12	amended to read as follows:
13	13	(b) The increase in punishment authorized by this section
14	14	applies only to an offense under:
15	15	(1) Section 20.05;
16	16	(2) Section 20.06;
17	17	(3) Section 20.07;
18	18	(4) Section 22.01;
19	19	(5) [(2)] Section 28.02;
20	20	(6) [(3)] Section 29.02;
21	21	(7) [(4)] Section 30.02;
22	22	(8) [(5)] Section 30.03;
23	23	(9) [(6)] Section 30.04;
24	24	(10) [(7)] Section 30.05; and
25	25	(11) [(8)] Section 31.03.
26	26	(c) If an offense listed under Subsection (b) [(b)(1), (5),
27	27	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
28	28	minimum term of confinement for the offense is increased to 180
29	29	days. If an offense listed under Subsection (b) [(b)(2), (4), or
30	30	(8)] is punishable as a felony of the first degree, the punishment
31	31	for that offense may not be increased under this section. The
32	32	minimum term of imprisonment for an offense listed under Subsection
33	33	(b)(1), (2), or (3) for which punishment is increased under this
34	34	section is 10 years.
35	35	SECTION 2. Section 20.05(b), Penal Code, is amended to read
36	36	as follows:
37	37	(b) An offense under this section is a felony of the third
38	38	degree with a term of imprisonment of 10 years, except that the
39	39	offense is:
40	40	(1) a felony of the second degree with a minimum term
41	41	of imprisonment of 10 years if:
42	42	(A) the actor commits the offense in a manner
43	43	that creates a substantial likelihood that the smuggled individual
44	44	will suffer serious bodily injury or death;
45	45	(B) the smuggled individual is a child younger
46	46	than 18 years of age at the time of the offense;
47	47	(C) the offense was committed with the intent to
48	48	obtain a pecuniary benefit;
49	49	(D) during the commission of the offense the
50	50	actor, another party to the offense, or an individual assisted,
51	51	guided, or directed by the actor knowingly possessed a firearm; or
52	52	(E) the actor commits the offense under
53	53	Subsection (a)(1)(B); or
54	54	(2) a felony of the first degree with a minimum term of
55	55	imprisonment of 10 years if:
56	56	(A) it is shown on the trial of the offense that,
57	57	as a direct result of the commission of the offense, the smuggled
58	58	individual became a victim of sexual assault, as defined by Section
59	59	22.011, or aggravated sexual assault, as defined by Section 22.021;
60	60	or
61	61	(B) the smuggled individual suffered serious
62	62	bodily injury or death.
63	63	SECTION 3. Sections 20.06(e) and (f), Penal Code, are
64	64	amended to read as follows:
65	65	(e) Except as provided by Subsections (f) and (g), an
66	66	offense under this section is a felony of the second degree with a
67	67	minimum term of imprisonment of 10 years.
68	68	(f) An offense under this section is a felony of the first
69	69	degree with a minimum term of imprisonment of 10 years if:
70	70	(1) the conduct constituting an offense under Section
71	71	20.05 is conducted in a manner that creates a substantial
72	72	likelihood that the smuggled individual will suffer serious bodily
73	73	injury or death; or
74	74	(2) the smuggled individual is a child younger than 18
75	75	years of age at the time of the offense.
76	76	SECTION 4. Section 20.07(b), Penal Code, is amended to read
77	77	as follows:
78	78	(b) An offense under this section is a felony of the third
79	79	degree with a minimum term of imprisonment of five years, except
80	80	that the offense is a felony of the second degree with a minimum
81	81	term of imprisonment of five years if:
82	82	(1) the offense is committed under Subsection (a)(1)
83	83	and the property that is the subject of the offense is used to
84	84	commit or facilitate the commission of an offense under Section
85	85	20.06, 20A.03, or 43.05; or
86	86	(2) it is shown on the trial of the offense that as a
87	87	direct result of the commission of the offense:
88	88	(A) an individual became a victim of sexual
89	89	assault, as defined by Section 22.011, or aggravated sexual
90	90	assault, as defined by Section 22.021; or
91	91	(B) an individual suffered serious bodily injury
92	92	or death [Class A misdemeanor].
93	93	SECTION 5. Section 22.01(b-1), Penal Code, is amended to
94	94	read as follows:
95	95	(b-1) Notwithstanding Subsection (b), an offense under
96	96	Subsection (a)(1) is a felony of the third degree if:
97	97	(1) it is shown on the trial of the offense that the
98	98	actor committed the offense in the course of committing an offense
99	99	under Section 20.05(a)(2); or
100	100	(2) the offense is committed:
101	101	(A) [(1)] while the actor is committed to a civil
102	102	commitment facility; and
103	103	(B) [(2)] against:
104	104	(i) [(A)] an officer or employee of the
105	105	Texas Civil Commitment Office:
106	106	(a) [(i)] while the officer or
107	107	employee is lawfully discharging an official duty at a civil
108	108	commitment facility; or
109	109	(b) [(ii)] in retaliation for or on
110	110	account of an exercise of official power or performance of an
111	111	official duty by the officer or employee; or
112	112	(ii) [(B)] a person who contracts with the
113	113	state to perform a service in a civil commitment facility or an
114	114	employee of that person:
115	115	(a) [(i)] while the person or
116	116	employee is engaged in performing a service within the scope of the
117	117	contract, if the actor knows the person or employee is authorized by
118	118	the state to provide the service; or
119	119	(b) [(ii)] in retaliation for or on
120	120	account of the person's or employee's performance of a service
121	121	within the scope of the contract.
122	122	SECTION 6. Chapter 28, Penal Code, is amended by adding
123	123	Section 28.10 to read as follows:
124	124	Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
125	125	STATE JAIL FELONIES. The punishment for an offense under this
126	126	chapter that is punishable as a misdemeanor or a state jail felony
127	127	is increased to the punishment for a felony of the third degree if
128	128	it is shown on the trial of the offense that the actor committed the
129	129	offense:
130	130	(1) in the course of committing an offense under
131	131	Section 20.05(a)(2); or
132	132	(2) in the course of or for the purpose of engaging in
133	133	conduct constituting an offense under Section 38.04.
134	134	SECTION 7. Section 30.02, Penal Code, is amended by
135	135	amending Subsection (c) and adding Subsection (c-2) to read as
136	136	follows:
137	137	(c) Except as provided in Subsection (c-1), (c-2), or (d),
138	138	an offense under this section is a:
139	139	(1) state jail felony if committed in a building other
140	140	than a habitation; or
141	141	(2) felony of the second degree if committed in a
142	142	habitation.
143	143	(c-2) An offense under this section is a felony of the third
144	144	degree if:
145	145	(1) the premises are a building other than a
146	146	habitation; and
147	147	(2) it is shown on the trial of the offense that the
148	148	actor committed the offense in the course of committing an offense
149	149	under Section 20.05(a)(2).
150	150	SECTION 8. Section 30.04(d), Penal Code, is amended to read
151	151	as follows:
152	152	(d) An offense under this section is a Class A misdemeanor,
153	153	except that:
154	154	(1) the offense is a Class A misdemeanor with a minimum
155	155	term of confinement of six months if it is shown on the trial of the
156	156	offense that the defendant has been previously convicted of an
157	157	offense under this section;
158	158	(2) the offense is a state jail felony if:
159	159	(A) it is shown on the trial of the offense that
160	160	the defendant has been previously convicted two or more times of an
161	161	offense under this section; or
162	162	(B) the vehicle or part of the vehicle broken
163	163	into or entered is a rail car; and
164	164	(3) the offense is a felony of the third degree if:
165	165	(A) the vehicle broken into or entered is owned
166	166	or operated by a wholesale distributor of prescription drugs[;] and
167	167	[(B)] the actor breaks into or enters that
168	168	vehicle with the intent to commit theft of a controlled substance;
169	169	or
170	170	(B) it is shown on the trial of the offense that
171	171	the actor committed the offense in the course of committing an
172	172	offense under Section 20.05(a)(2).
173	173	SECTION 9. Section 30.05(d), Penal Code, is amended to read
174	174	as follows:
175	175	(d) Subject to Subsection (d-3), an offense under this
176	176	section is:
177	177	(1) a Class B misdemeanor, except as provided by
178	178	Subdivisions (2), [and] (3), and (4);
179	179	(2) a Class C misdemeanor, except as provided by
180	180	Subdivisions [Subdivision] (3) and (4), if the offense is
181	181	committed:
182	182	(A) on agricultural land and within 100 feet of
183	183	the boundary of the land; or
184	184	(B) on residential land and within 100 feet of a
185	185	protected freshwater area; [and]
186	186	(3) a Class A misdemeanor, except as provided by
187	187	Subdivision (4), if:
188	188	(A) the offense is committed:
189	189	(i) in a habitation or a shelter center;
190	190	(ii) on a Superfund site; or
191	191	(iii) on or in a critical infrastructure
192	192	facility;
193	193	(B) the offense is committed on or in property of
194	194	an institution of higher education and it is shown on the trial of
195	195	the offense that the person has previously been convicted of:
196	196	(i) an offense under this section relating
197	197	to entering or remaining on or in property of an institution of
198	198	higher education; or
199	199	(ii) an offense under Section 51.204(b)(1),
200	200	Education Code, relating to trespassing on the grounds of an
201	201	institution of higher education;
202	202	(C) the person carries a deadly weapon during the
203	203	commission of the offense; or
204	204	(D) the offense is committed on the property of
205	205	or within a general residential operation operating as a
206	206	residential treatment center; and
207	207	(4) a felony of the third degree if it is shown on the
208	208	trial of the offense that the defendant committed the offense in the
209	209	course of committing an offense under Section 20.05(a)(2).
210	210	SECTION 10. Section 38.04, Penal Code, is amended by adding
211	211	Subsection (b-1) to read as follows:
212	212	(b-1) Notwithstanding Subsection (b), an offense under this
213	213	section is a felony of the third degree if it is shown on the trial
214	214	of the offense that the actor committed the offense in the course of
215	215	committing an offense under Section 20.05(a)(2).
216	216	SECTION 11. The changes in law made by this Act apply only
217	217	to an offense committed on or after the effective date of this Act.
218	218	An offense committed before the effective date of this Act is
219	219	governed by the law in effect on the date the offense was committed,
220	220	and the former law is continued in effect for that purpose. For
221	221	purposes of this section, an offense was committed before the
222	222	effective date of this Act if any element of the offense was
223	223	committed before that date.
224	224	SECTION 12. This Act takes effect September 1, 2023.