| 1 | 1 | | By: Flores, et al. S.B. No. 1248 |
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| 2 | 2 | | (Lozano) |
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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 the prosecution of the offense of smuggling of persons. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 20.01, Penal Code, is amended by adding |
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| 10 | 10 | | Subdivision (9) to read as follows: |
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| 11 | 11 | | (9) "Cultural resource site or area," "natural area," |
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| 12 | 12 | | "open space area," and "park" have the meanings assigned by Section |
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| 13 | 13 | | 24.001, Parks and Wildlife Code. |
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| 14 | 14 | | SECTION 2. Section 20.05(a), Penal Code, is amended to read |
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| 15 | 15 | | as follows: |
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| 16 | 16 | | (a) A person commits an offense if the person knowingly: |
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| 17 | 17 | | (1) uses a motor vehicle, aircraft, watercraft, or |
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| 18 | 18 | | other means of conveyance to transport an individual with the |
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| 19 | 19 | | intent to: |
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| 20 | 20 | | (A) conceal the individual from a peace officer |
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| 21 | 21 | | or special investigator; or |
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| 22 | 22 | | (B) flee from a person the actor knows is a peace |
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| 23 | 23 | | officer or special investigator attempting to lawfully arrest or |
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| 24 | 24 | | detain the actor; |
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| 25 | 25 | | (2) encourages or induces a person to enter or remain |
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| 26 | 26 | | in this country in violation of federal law by concealing, |
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| 27 | 27 | | harboring, or shielding that person from detection; or |
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| 28 | 28 | | (3) assists, guides, or directs two or more |
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| 29 | 29 | | individuals to enter or remain on a cultural resource site or area, |
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| 30 | 30 | | natural area, open space area, park, or agricultural land without |
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| 31 | 31 | | the effective consent of the owner. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
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| 33 | 33 | | to an offense committed on or after the effective date of this Act. |
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| 34 | 34 | | An offense committed before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the offense was committed, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. For |
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| 37 | 37 | | purposes of this section, an offense was committed before the |
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| 38 | 38 | | effective date of this Act if any element of the offense occurred |
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| 39 | 39 | | before that date. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2023. |
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