Texas 2023 - 88th Regular

Texas House Bill HB800 Compare Versions

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1	1	By: Guillen, et al. (Senate Sponsor - Flores) H.B. No. 800
2	2	(In the Senate - Received from the House May 11, 2023;
3	3	May 12, 2023, read first time and referred to Committee on Border
4	4	Security; May 19, 2023, reported favorably by the following vote:
5	5	Yeas 4, Nays 1; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7	COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the punishment for certain criminal conduct involving
13	13	the smuggling of persons or the operation of a stash house;
14	14	increasing criminal penalties.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 3.03, Penal Code, is amended by amending
17	17	Subsection (a) and adding Subsections (c) and (d) to read as
18	18	follows:
19	19	(a) When the accused is found guilty of more than one
20	20	offense arising out of the same criminal episode prosecuted in a
21	21	single criminal action, a sentence for each offense for which the
22	22	accused [he] has been found guilty shall be pronounced. Except as
23	23	otherwise provided by this section [Subsection (b)], the sentences
24	24	shall run concurrently.
25	25	(c)(1) This subsection applies only to a single criminal
26	26	action in which the accused is found guilty of:
27	27	(A) an offense under Section 20.05(a)(2) or an
28	28	offense under Section 20.06 involving conduct constituting an
29	29	offense under Section 20.05(a)(2); and
30	30	(B) an offense punishable under Section
31	31	22.01(b-1)(1), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
32	32	38.04(b-1) that arises out of the same criminal episode as the
33	33	offense described by Paragraph (A).
34	34	(2) The sentence for an offense described by
35	35	Subdivision (1)(A) may run consecutively with each sentence for an
36	36	offense described by Subdivision (1)(B).
37	37	(3) If the accused is found guilty of more than one
38	38	offense described by Subdivision (1)(A), the sentences for those
39	39	offenses must run concurrently with each other.
40	40	(d) Except as otherwise provided by this subsection, if in a
41	41	single criminal action the accused is found guilty of more than one
42	42	offense arising out of the same criminal episode, the sentences may
43	43	run consecutively if each sentence is for a conviction of an offense
44	44	for which a plea agreement was reached in a case in which the
45	45	accused was charged with an offense described by Subsection
46	46	(c)(1)(A) and an offense described by Subsection (c)(1)(B). If the
47	47	accused is found guilty of more than one offense described by
48	48	Subsection (c)(1)(A), the sentences for those offenses must run
49	49	concurrently with each other.
50	50	SECTION 2. Section 12.50, Penal Code, is amended by
51	51	amending Subsections (a), (b), and (c) and adding Subsection (d) to
52	52	read as follows:
53	53	(a) Subject to Subsections [Subsection] (c) and (d), the
54	54	punishment for an offense described by Subsection (b) is increased
55	55	to the punishment prescribed for the next higher category of
56	56	offense if it is shown on the trial of the offense that the offense
57	57	was committed in an area that was, at the time of the offense:
58	58	(1) subject to a declaration of a state of disaster
59	59	made by:
60	60	(A) the president of the United States under the
61	61	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
62	62	U.S.C. Section 5121 et seq.);
63	63	(B) the governor under Section 418.014,
64	64	Government Code; or
65	65	(C) the presiding officer of the governing body
66	66	of a political subdivision under Section 418.108, Government Code;
67	67	or
68	68	(2) subject to an emergency evacuation order.
69	69	(b) The increase in punishment authorized by this section
70	70	applies only to an offense under:
71	71	(1) Section 20.05;
72	72	(2) Section 20.06;
73	73	(3) Section 20.07;
74	74	(4) Section 22.01;
75	75	(5) [(2)] Section 28.02;
76	76	(6) [(3)] Section 29.02;
77	77	(7) [(4)] Section 30.02;
78	78	(8) [(5)] Section 30.03;
79	79	(9) [(6)] Section 30.04;
80	80	(10) [(7)] Section 30.05; and
81	81	(11) [(8)] Section 31.03.
82	82	(c) If an offense listed under Subsection (b) [(b)(1), (5),
83	83	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
84	84	minimum term of confinement for the offense is increased to 180
85	85	days. Except as provided by Subsection (d), if [If] an offense
86	86	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
87	87	felony of the first degree, the punishment for that offense may not
88	88	be increased under this section.
89	89	(d) Except as otherwise provided by this subsection, the
90	90	minimum term of imprisonment for an offense listed under Subsection
91	91	(b)(1), (2), or (3) for which punishment is increased under this
92	92	section is 10 years. If an offense listed under Subsection (b)(1)
93	93	or (2) is punishable as a felony of the first degree, the minimum
94	94	term of imprisonment is increased to 15 years unless another
95	95	provision of law applicable to the offense provides for a minimum
96	96	term of imprisonment of 15 years or more.
97	97	SECTION 3. Section 20.05, Penal Code, is amended by
98	98	amending Subsection (b) and adding Subsection (b-1) to read as
99	99	follows:
100	100	(b) Subject to Subsection (b-1), an [An] offense under this
101	101	section is a felony of the third degree with a term of imprisonment
102	102	of 10 years, except that the offense is:
103	103	(1) a felony of the second degree with a minimum term
104	104	of imprisonment of 10 years if:
105	105	(A) the actor commits the offense in a manner
106	106	that creates a substantial likelihood that the smuggled individual
107	107	will suffer serious bodily injury or death;
108	108	(B) the smuggled individual is a child younger
109	109	than 18 years of age at the time of the offense;
110	110	(C) the offense was committed with the intent to
111	111	obtain a pecuniary benefit;
112	112	(D) during the commission of the offense the
113	113	actor, another party to the offense, or an individual assisted,
114	114	guided, or directed by the actor knowingly possessed a firearm; or
115	115	(E) the actor commits the offense under
116	116	Subsection (a)(1)(B); or
117	117	(2) a felony of the first degree with a minimum term of
118	118	imprisonment of 10 years if:
119	119	(A) it is shown on the trial of the offense that,
120	120	as a direct result of the commission of the offense, the smuggled
121	121	individual became a victim of sexual assault, as defined by Section
122	122	22.011, or aggravated sexual assault, as defined by Section 22.021;
123	123	or
124	124	(B) the smuggled individual suffered serious
125	125	bodily injury or death.
126	126	(b-1) If at the punishment stage of the trial or at the time
127	127	of entering a plea agreement for an offense under this section
128	128	punishable as a felony of the third degree, the attorney
129	129	representing the state in the prosecution of the offense certifies
130	130	to the court in writing that the actor has provided significant
131	131	cooperation to the state or law enforcement, and describes the
132	132	manner of cooperation, the minimum term of imprisonment is five
133	133	years. The certification is confidential and shall be sealed by the
134	134	court, except that the certification may be accessed by the office
135	135	of the attorney representing the state, the attorney representing
136	136	the defendant, and the court. For purposes of this subsection,
137	137	"significant cooperation" includes:
138	138	(1) testifying in a trial on behalf of the state
139	139	against other parties to the offense;
140	140	(2) providing relevant information regarding the case
141	141	and other parties to the offense;
142	142	(3) providing information that furthers the
143	143	investigation of the charged offense and any other parties
144	144	involved; or
145	145	(4) providing information that aids law enforcement.
146	146	SECTION 4. Sections 20.06(e) and (f), Penal Code, are
147	147	amended to read as follows:
148	148	(e) Except as provided by Subsections (f) and (g), an
149	149	offense under this section is a felony of the second degree with a
150	150	minimum term of imprisonment of 10 years.
151	151	(f) An offense under this section is a felony of the first
152	152	degree with a minimum term of imprisonment of 10 years if:
153	153	(1) the conduct constituting an offense under Section
154	154	20.05 is conducted in a manner that creates a substantial
155	155	likelihood that the smuggled individual will suffer serious bodily
156	156	injury or death; or
157	157	(2) the smuggled individual is a child younger than 18
158	158	years of age at the time of the offense.
159	159	SECTION 5. Section 20.07(b), Penal Code, is amended to read
160	160	as follows:
161	161	(b) An offense under this section is a felony of the third
162	162	degree with a minimum term of imprisonment of five years, except
163	163	that the offense is a felony of the second degree with a minimum
164	164	term of imprisonment of five years if:
165	165	(1) the offense is committed under Subsection (a)(1)
166	166	and the property that is the subject of the offense is used to
167	167	commit or facilitate the commission of an offense under Section
168	168	20.06, 20A.03, or 43.05; or
169	169	(2) it is shown on the trial of the offense that as a
170	170	direct result of the commission of the offense:
171	171	(A) an individual became a victim of sexual
172	172	assault, as defined by Section 22.011, or aggravated sexual
173	173	assault, as defined by Section 22.021; or
174	174	(B) an individual suffered serious bodily injury
175	175	or death [Class A misdemeanor].
176	176	SECTION 6. Section 22.01(b-1), Penal Code, is amended to
177	177	read as follows:
178	178	(b-1) Notwithstanding Subsection (b), an offense under
179	179	Subsection (a)(1) is a felony of the third degree if:
180	180	(1) it is shown on the trial of the offense that the
181	181	actor committed the offense in the course of committing an offense
182	182	under Section 20.05(a)(2); or
183	183	(2) the offense is committed:
184	184	(A) [(1)] while the actor is committed to a civil
185	185	commitment facility; and
186	186	(B) [(2)] against:
187	187	(i) [(A)] an officer or employee of the
188	188	Texas Civil Commitment Office:
189	189	(a) [(i)] while the officer or
190	190	employee is lawfully discharging an official duty at a civil
191	191	commitment facility; or
192	192	(b) [(ii)] in retaliation for or on
193	193	account of an exercise of official power or performance of an
194	194	official duty by the officer or employee; or
195	195	(ii) [(B)] a person who contracts with the
196	196	state to perform a service in a civil commitment facility or an
197	197	employee of that person:
198	198	(a) [(i)] while the person or
199	199	employee is engaged in performing a service within the scope of the
200	200	contract, if the actor knows the person or employee is authorized by
201	201	the state to provide the service; or
202	202	(b) [(ii)] in retaliation for or on
203	203	account of the person's or employee's performance of a service
204	204	within the scope of the contract.
205	205	SECTION 7. Chapter 28, Penal Code, is amended by adding
206	206	Section 28.10 to read as follows:
207	207	Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
208	208	STATE JAIL FELONIES. The punishment for an offense under this
209	209	chapter that is punishable as a misdemeanor or a state jail felony
210	210	is increased to the punishment for a felony of the third degree if
211	211	it is shown on the trial of the offense that the actor committed the
212	212	offense in the course of committing an offense under Section
213	213	20.05(a)(2).
214	214	SECTION 8. Section 30.02, Penal Code, is amended by
215	215	amending Subsection (c) and adding Subsection (c-2) to read as
216	216	follows:
217	217	(c) Except as provided in Subsection (c-1), (c-2), or (d),
218	218	an offense under this section is a:
219	219	(1) state jail felony if committed in a building other
220	220	than a habitation; or
221	221	(2) felony of the second degree if committed in a
222	222	habitation.
223	223	(c-2) An offense under this section is a felony of the third
224	224	degree if:
225	225	(1) the premises are a building other than a
226	226	habitation; and
227	227	(2) it is shown on the trial of the offense that the
228	228	actor committed the offense in the course of committing an offense
229	229	under Section 20.05(a)(2).
230	230	SECTION 9. Section 30.04(d), Penal Code, is amended to read
231	231	as follows:
232	232	(d) An offense under this section is a Class A misdemeanor,
233	233	except that:
234	234	(1) the offense is a Class A misdemeanor with a minimum
235	235	term of confinement of six months if it is shown on the trial of the
236	236	offense that the defendant has been previously convicted of an
237	237	offense under this section;
238	238	(2) the offense is a state jail felony if:
239	239	(A) it is shown on the trial of the offense that
240	240	the defendant has been previously convicted two or more times of an
241	241	offense under this section; or
242	242	(B) the vehicle or part of the vehicle broken
243	243	into or entered is a rail car; and
244	244	(3) the offense is a felony of the third degree if:
245	245	(A) the vehicle broken into or entered is owned
246	246	or operated by a wholesale distributor of prescription drugs[;] and
247	247	[(B)] the actor breaks into or enters that
248	248	vehicle with the intent to commit theft of a controlled substance;
249	249	or
250	250	(B) it is shown on the trial of the offense that
251	251	the actor committed the offense in the course of committing an
252	252	offense under Section 20.05(a)(2).
253	253	SECTION 10. Section 30.05(d), Penal Code, is amended to
254	254	read as follows:
255	255	(d) Subject to Subsection (d-3), an offense under this
256	256	section is:
257	257	(1) a Class B misdemeanor, except as provided by
258	258	Subdivisions (2), [and] (3), and (4);
259	259	(2) a Class C misdemeanor, except as provided by
260	260	Subdivisions [Subdivision] (3) and (4), if the offense is
261	261	committed:
262	262	(A) on agricultural land and within 100 feet of
263	263	the boundary of the land; or
264	264	(B) on residential land and within 100 feet of a
265	265	protected freshwater area; [and]
266	266	(3) a Class A misdemeanor, except as provided by
267	267	Subdivision (4), if:
268	268	(A) the offense is committed:
269	269	(i) in a habitation or a shelter center;
270	270	(ii) on a Superfund site; or
271	271	(iii) on or in a critical infrastructure
272	272	facility;
273	273	(B) the offense is committed on or in property of
274	274	an institution of higher education and it is shown on the trial of
275	275	the offense that the person has previously been convicted of:
276	276	(i) an offense under this section relating
277	277	to entering or remaining on or in property of an institution of
278	278	higher education; or
279	279	(ii) an offense under Section 51.204(b)(1),
280	280	Education Code, relating to trespassing on the grounds of an
281	281	institution of higher education;
282	282	(C) the person carries a deadly weapon during the
283	283	commission of the offense; or
284	284	(D) the offense is committed on the property of
285	285	or within a general residential operation operating as a
286	286	residential treatment center; and
287	287	(4) a felony of the third degree if it is shown on the
288	288	trial of the offense that the defendant committed the offense in the
289	289	course of committing an offense under Section 20.05(a)(2).
290	290	SECTION 11. Section 38.04, Penal Code, is amended by adding
291	291	Subsection (b-1) to read as follows:
292	292	(b-1) Notwithstanding Subsection (b), an offense under this
293	293	section is a felony of the third degree if it is shown on the trial
294	294	of the offense that the actor committed the offense in the course of
295	295	committing an offense under Section 20.05(a)(2).
296	296	SECTION 12. The changes in law made by this Act apply only
297	297	to an offense committed on or after the effective date of this Act.
298	298	An offense committed before the effective date of this Act is
299	299	governed by the law in effect on the date the offense was committed,
300	300	and the former law is continued in effect for that purpose. For
301	301	purposes of this section, an offense was committed before the
302	302	effective date of this Act if any element of the offense was
303	303	committed before that date.
304	304	SECTION 13. This Act takes effect September 1, 2023.
305	305	* * * * *