By: Guillen, et al. (Senate Sponsor - Flores) H.B. No. 800
(In the Senate - Received from the House May 11, 2023;
May 12, 2023, read first time and referred to Committee on Border
Security; May 19, 2023, reported favorably by the following vote:
Yeas 4, Nays 1; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain criminal conduct involving
the smuggling of persons or the operation of a stash house;
increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03, Penal Code, is amended by amending
Subsection (a) and adding Subsections (c) and (d) to read as
follows:
(a) When the accused is found guilty of more than one
offense arising out of the same criminal episode prosecuted in a
single criminal action, a sentence for each offense for which the
accused [he] has been found guilty shall be pronounced. Except as
otherwise provided by this section [Subsection (b)], the sentences
shall run concurrently.
(c)(1) This subsection applies only to a single criminal
action in which the accused is found guilty of:
(A) an offense under Section 20.05(a)(2) or an
offense under Section 20.06 involving conduct constituting an
offense under Section 20.05(a)(2); and
(B) an offense punishable under Section
22.01(b-1)(1), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
38.04(b-1) that arises out of the same criminal episode as the
offense described by Paragraph (A).
(2) The sentence for an offense described by
Subdivision (1)(A) may run consecutively with each sentence for an
offense described by Subdivision (1)(B).
(3) If the accused is found guilty of more than one
offense described by Subdivision (1)(A), the sentences for those
offenses must run concurrently with each other.
(d) Except as otherwise provided by this subsection, if in a
single criminal action the accused is found guilty of more than one
offense arising out of the same criminal episode, the sentences may
run consecutively if each sentence is for a conviction of an offense
for which a plea agreement was reached in a case in which the
accused was charged with an offense described by Subsection
(c)(1)(A) and an offense described by Subsection (c)(1)(B). If the
accused is found guilty of more than one offense described by
Subsection (c)(1)(A), the sentences for those offenses must run
concurrently with each other.
SECTION 2. Section 12.50, Penal Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (d) to
read as follows:
(a) Subject to Subsections [Subsection] (c) and (d), the
punishment for an offense described by Subsection (b) is increased
to the punishment prescribed for the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed in an area that was, at the time of the offense:
(1) subject to a declaration of a state of disaster
made by:
(A) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.);
(B) the governor under Section 418.014,
Government Code; or
(C) the presiding officer of the governing body
of a political subdivision under Section 418.108, Government Code;
or
(2) subject to an emergency evacuation order.
(b) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 20.05;
(2) Section 20.06;
(3) Section 20.07;
(4) Section 22.01;
(5) [(2)] Section 28.02;
(6) [(3)] Section 29.02;
(7) [(4)] Section 30.02;
(8) [(5)] Section 30.03;
(9) [(6)] Section 30.04;
(10) [(7)] Section 30.05; and
(11) [(8)] Section 31.03.
(c) If an offense listed under Subsection (b) [(b)(1), (5),
(6), (7), or (8)] is punishable as a Class A misdemeanor, the
minimum term of confinement for the offense is increased to 180
days. Except as provided by Subsection (d), if [If] an offense
listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
felony of the first degree, the punishment for that offense may not
be increased under this section.
(d) Except as otherwise provided by this subsection, the
minimum term of imprisonment for an offense listed under Subsection
(b)(1), (2), or (3) for which punishment is increased under this
section is 10 years. If an offense listed under Subsection (b)(1)
or (2) is punishable as a felony of the first degree, the minimum
term of imprisonment is increased to 15 years unless another
provision of law applicable to the offense provides for a minimum
term of imprisonment of 15 years or more.
SECTION 3. Section 20.05, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Subject to Subsection (b-1), an [An] offense under this
section is a felony of the third degree with a term of imprisonment
of 10 years, except that the offense is:
(1) a felony of the second degree with a minimum term
of imprisonment of 10 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 with a minimum term of
imprisonment of 10 years 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.
(b-1) If at the punishment stage of the trial or at the time
of entering a plea agreement for an offense under this section
punishable as a felony of the third degree, the attorney
representing the state in the prosecution of the offense certifies
to the court in writing that the actor has provided significant
cooperation to the state or law enforcement, and describes the
manner of cooperation, the minimum term of imprisonment is five
years. The certification is confidential and shall be sealed by the
court, except that the certification may be accessed by the office
of the attorney representing the state, the attorney representing
the defendant, and the court. For purposes of this subsection,
"significant cooperation" includes:
(1) testifying in a trial on behalf of the state
against other parties to the offense;
(2) providing relevant information regarding the case
and other parties to the offense;
(3) providing information that furthers the
investigation of the charged offense and any other parties
involved; or
(4) providing information that aids law enforcement.
SECTION 4. Sections 20.06(e) and (f), Penal Code, are
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 10 years.
(f) An offense under this section is a felony of the first
degree with a minimum term of imprisonment of 10 years if:
(1) the conduct constituting an offense under Section
20.05 is conducted in a manner that creates a substantial
likelihood that the smuggled individual will suffer serious bodily
injury or death; or
(2) the smuggled individual is a child younger than 18
years of age at the time of the offense.
SECTION 5. Section 20.07(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 a felony of the second degree with a minimum
term of imprisonment of five years if:
(1) the offense is committed under Subsection (a)(1)
and the property that is the subject of the offense is used to
commit or facilitate the commission of an offense under Section
20.06, 20A.03, or 43.05; or
(2) it is shown on the trial of the offense that as a
direct result of the commission of the offense:
(A) an 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) an individual suffered serious bodily injury
or death [Class A misdemeanor].
SECTION 6. Section 22.01(b-1), Penal Code, is amended to
read as follows:
(b-1) Notwithstanding Subsection (b), an offense under
Subsection (a)(1) is a felony of the third degree if:
(1) it is shown on the trial of the offense that the
actor committed the offense in the course of committing an offense
under Section 20.05(a)(2); or
(2) the offense is committed:
(A) [(1)] while the actor is committed to a civil
commitment facility; and
(B) [(2)] against:
(i) [(A)] an officer or employee of the
Texas Civil Commitment Office:
(a) [(i)] while the officer or
employee is lawfully discharging an official duty at a civil
commitment facility; or
(b) [(ii)] in retaliation for or on
account of an exercise of official power or performance of an
official duty by the officer or employee; or
(ii) [(B)] a person who contracts with the
state to perform a service in a civil commitment facility or an
employee of that person:
(a) [(i)] while the person or
employee is engaged in performing a service within the scope of the
contract, if the actor knows the person or employee is authorized by
the state to provide the service; or
(b) [(ii)] in retaliation for or on
account of the person's or employee's performance of a service
within the scope of the contract.
SECTION 7. Chapter 28, Penal Code, is amended by adding
Section 28.10 to read as follows:
Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
STATE JAIL FELONIES. The punishment for an offense under this
chapter that is punishable as a misdemeanor or a state jail felony
is increased to the punishment for a felony of the third degree if
it is shown on the trial of the offense that the actor committed the
offense in the course of committing an offense under Section
20.05(a)(2).
SECTION 8. Section 30.02, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-2) to read as
follows:
(c) Except as provided in Subsection (c-1), (c-2), or (d),
an offense under this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(c-2) An offense under this section is a felony of the third
degree if:
(1) the premises are a building other than a
habitation; and
(2) it is shown on the trial of the offense that the
actor committed the offense in the course of committing an offense
under Section 20.05(a)(2).
SECTION 9. Section 30.04(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) the offense is a Class A misdemeanor with a minimum
term of confinement of six months if it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section;
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted two or more times of an
offense under this section; or
(B) the vehicle or part of the vehicle broken
into or entered is a rail car; and
(3) the offense is a felony of the third degree if:
(A) the vehicle broken into or entered is owned
or operated by a wholesale distributor of prescription drugs[;] and
[(B)] the actor breaks into or enters that
vehicle with the intent to commit theft of a controlled substance;
or
(B) it is shown on the trial of the offense that
the actor committed the offense in the course of committing an
offense under Section 20.05(a)(2).
SECTION 10. Section 30.05(d), Penal Code, is amended to
read as follows:
(d) Subject to Subsection (d-3), an offense under this
section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2), [and] (3), and (4);
(2) a Class C misdemeanor, except as provided by
Subdivisions [Subdivision] (3) and (4), if the offense is
committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; [and]
(3) a Class A misdemeanor, except as provided by
Subdivision (4), if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility;
(B) the offense is committed on or in property of
an institution of higher education and it is shown on the trial of
the offense that the person has previously been convicted of:
(i) an offense under this section relating
to entering or remaining on or in property of an institution of
higher education; or
(ii) an offense under Section 51.204(b)(1),
Education Code, relating to trespassing on the grounds of an
institution of higher education;
(C) the person carries a deadly weapon during the
commission of the offense; or
(D) the offense is committed on the property of
or within a general residential operation operating as a
residential treatment center; and
(4) a felony of the third degree if it is shown on the
trial of the offense that the defendant committed the offense in the
course of committing an offense under Section 20.05(a)(2).
SECTION 11. Section 38.04, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), an offense under this
section is a felony of the third degree if it is shown on the trial
of the offense that the actor committed the offense in the course of
committing an offense under Section 20.05(a)(2).
SECTION 12. 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 13. This Act takes effect September 1, 2023.
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