Texas 2023 - 88th 1st C.S.

Texas House Bill HB2 Compare Versions

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Version 2 (New)

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1	1	By: Guillen, et al. (Senate Sponsor - Flores) H.B. No. 2
2	2	(In the Senate - Received from the House June 2, 2023;
3	3	June 2, 2023, read first time and referred to Committee on Border
4	4	Security; June 6, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 3, Nays 1,
6	6	1 present not voting; June 6, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X COMMITTEE SUBSTITUTE FOR H.B. No. 2 By: Flores
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the punishment for certain criminal conduct involving
14	14	the smuggling of persons or the operation of a stash house;
15	15	increasing criminal penalties.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. If H.B. No. 165, Acts of the 88th Legislature,
18	18	Regular Session, 2023, becomes law, Section 3.03, Penal Code, as
19	19	effective September 1, 2023, is amended by amending Subsection (a)
20	20	and adding Subsections (d) and (e) to read as follows:
21	21	(a) When the accused is found guilty of more than one
22	22	offense arising out of the same criminal episode prosecuted in a
23	23	single criminal action, a sentence for each offense for which the
24	24	accused has been found guilty shall be pronounced. Except as
25	25	otherwise provided by this section [Subsections (b) and (c)], the
26	26	sentences shall run concurrently.
27	27	(d)(1) This subsection applies only to a single criminal
28	28	action in which the accused is found guilty of:
29	29	(A) an offense under Section 20.05(a)(2) or an
30	30	offense under Section 20.06 involving conduct constituting an
31	31	offense under Section 20.05(a)(2); and
32	32	(B) an offense punishable under Section
33	33	22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
34	34	38.04(b-1) that arises out of the same criminal episode as the
35	35	offense described by Paragraph (A).
36	36	(2) The sentence for an offense described by
37	37	Subdivision (1)(A) may run consecutively with each sentence for an
38	38	offense described by Subdivision (1)(B).
39	39	(3) If the accused is found guilty of more than one
40	40	offense described by Subdivision (1)(A), the sentences for those
41	41	offenses must run concurrently with each other.
42	42	(e) Except as otherwise provided by this subsection, if in a
43	43	single criminal action the accused is found guilty of more than one
44	44	offense arising out of the same criminal episode, the sentences may
45	45	run consecutively if each sentence is for a conviction of an offense
46	46	for which a plea agreement was reached in a case in which the
47	47	accused was charged with an offense described by Subsection
48	48	(d)(1)(A) and an offense described by Subsection (d)(1)(B). If the
49	49	accused is found guilty of more than one offense described by
50	50	Subsection (d)(1)(A), the sentences for those offenses must run
51	51	concurrently with each other.
52	52	SECTION 2. If H.B. No. 165, Acts of the 88th Legislature,
53	53	Regular Session, 2023, does not become law, Section 3.03, Penal
54	54	Code, is amended by amending Subsection (a) and adding Subsections
55	55	(c) and (d) to read as follows:
56	56	(a) When the accused is found guilty of more than one
57	57	offense arising out of the same criminal episode prosecuted in a
58	58	single criminal action, a sentence for each offense for which the
59	59	accused [he] has been found guilty shall be pronounced. Except as
60	60	otherwise provided by this section [Subsection (b)], the sentences
61	61	shall run concurrently.
62	62	(c)(1) This subsection applies only to a single criminal
63	63	action in which the accused is found guilty of:
64	64	(A) an offense under Section 20.05(a)(2) or an
65	65	offense under Section 20.06 involving conduct constituting an
66	66	offense under Section 20.05(a)(2); and
67	67	(B) an offense punishable under Section
68	68	22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
69	69	38.04(b-1) that arises out of the same criminal episode as the
70	70	offense described by Paragraph (A).
71	71	(2) The sentence for an offense described by
72	72	Subdivision (1)(A) may run consecutively with each sentence for an
73	73	offense described by Subdivision (1)(B).
74	74	(3) If the accused is found guilty of more than one
75	75	offense described by Subdivision (1)(A), the sentences for those
76	76	offenses must run concurrently with each other.
77	77	(d) Except as otherwise provided by this subsection, if in a
78	78	single criminal action the accused is found guilty of more than one
79	79	offense arising out of the same criminal episode, the sentences may
80	80	run consecutively if each sentence is for a conviction of an offense
81	81	for which a plea agreement was reached in a case in which the
82	82	accused was charged with an offense described by Subsection
83	83	(c)(1)(A) and an offense described by Subsection (c)(1)(B). If the
84	84	accused is found guilty of more than one offense described by
85	85	Subsection (c)(1)(A), the sentences for those offenses must run
86	86	concurrently with each other.
87	87	SECTION 3. Section 12.50, Penal Code, is amended by
88	88	amending Subsections (a), (b), and (c) and adding Subsection (d) to
89	89	read as follows:
90	90	(a) Subject to Subsections [Subsection] (c) and (d), the
91	91	punishment for an offense described by Subsection (b) is increased
92	92	to the punishment prescribed for the next higher category of
93	93	offense if it is shown on the trial of the offense that the offense
94	94	was committed in an area that was, at the time of the offense:
95	95	(1) subject to a declaration of a state of disaster
96	96	made by:
97	97	(A) the president of the United States under the
98	98	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
99	99	U.S.C. Section 5121 et seq.);
100	100	(B) the governor under Section 418.014,
101	101	Government Code; or
102	102	(C) the presiding officer of the governing body
103	103	of a political subdivision under Section 418.108, Government Code;
104	104	or
105	105	(2) subject to an emergency evacuation order.
106	106	(b) The increase in punishment authorized by this section
107	107	applies only to an offense under:
108	108	(1) Section 20.05;
109	109	(2) Section 20.06;
110	110	(3) Section 20.07;
111	111	(4) Section 22.01;
112	112	(5) [(2)] Section 28.02;
113	113	(6) [(3)] Section 29.02;
114	114	(7) [(4)] Section 30.02;
115	115	(8) [(5)] Section 30.03;
116	116	(9) [(6)] Section 30.04;
117	117	(10) [(7)] Section 30.05; and
118	118	(11) [(8)] Section 31.03.
119	119	(c) If an offense listed under Subsection (b) [(b)(1), (5),
120	120	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
121	121	minimum term of confinement for the offense is increased to 180
122	122	days. Except as provided by Subsection (d), if [If] an offense
123	123	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
124	124	felony of the first degree, the punishment for that offense may not
125	125	be increased under this section.
126	126	(d) Except as otherwise provided by this subsection, the
127	127	minimum term of imprisonment for an offense listed under Subsection
128	128	(b)(1), (2), or (3) for which punishment is increased under this
129	129	section is 10 years. If an offense listed under Subsection (b)(1)
130	130	or (2) is punishable as a felony of the first degree, the minimum
131	131	term of imprisonment is increased to 15 years unless another
132	132	provision of law applicable to the offense provides for a minimum
133	133	term of imprisonment of 15 years or more.
134	134	SECTION 4. Section 20.05, Penal Code, is amended by
135	135	amending Subsection (b) and adding Subsection (b-1) to read as
136	136	follows:
137	137	(b) Subject to Subsection (b-1), an [An] offense under this
138	138	section is a felony of the third degree with a term of imprisonment
139	139	of 10 years, except that the offense is:
140	140	(1) a felony of the second degree with a minimum term
141	141	of imprisonment of 10 years if:
142	142	(A) the actor commits the offense in a manner
143	143	that creates a substantial likelihood that the smuggled individual
144	144	will suffer serious bodily injury or death;
145	145	(B) the smuggled individual is a child younger
146	146	than 18 years of age at the time of the offense;
147	147	(C) the offense was committed with the intent to
148	148	obtain a pecuniary benefit;
149	149	(D) during the commission of the offense the
150	150	actor, another party to the offense, or an individual assisted,
151	151	guided, or directed by the actor knowingly possessed a firearm; or
152	152	(E) the actor commits the offense under
153	153	Subsection (a)(1)(B); or
154	154	(2) a felony of the first degree with a minimum term of
155	155	imprisonment of 10 years if:
156	156	(A) it is shown on the trial of the offense that,
157	157	as a direct result of the commission of the offense, the smuggled
158	158	individual became a victim of sexual assault, as defined by Section
159	159	22.011, or aggravated sexual assault, as defined by Section 22.021;
160	160	or
161	161	(B) the smuggled individual suffered serious
162	162	bodily injury or death.
163	163	(b-1) If at the punishment stage of the trial or at the time
164	164	of entering a plea agreement for an offense under this section
165	165	punishable as a felony of the third degree, the attorney
166	166	representing the state in the prosecution of the offense certifies
167	167	to the court in writing that the actor has provided significant
168	168	cooperation to the state or law enforcement, and describes the
169	169	manner of cooperation, the minimum term of imprisonment is five
170	170	years. The certification is confidential and shall be sealed by the
171	171	court, except that the certification may be accessed by the office
172	172	of the attorney representing the state, the attorney representing
173	173	the defendant, and the court. For purposes of this subsection,
174	174	"significant cooperation" includes:
175	175	(1) testifying in a trial on behalf of the state
176	176	against other parties to the offense;
177	177	(2) providing relevant information regarding the case
178	178	and other parties to the offense;
179	179	(3) providing information that furthers the
180	180	investigation of the charged offense and any other parties
181	181	involved; or
182	182	(4) providing information that aids law enforcement.
183	183	SECTION 5. Sections 20.06(e) and (f), Penal Code, are
184	184	amended to read as follows:
185	185	(e) Except as provided by Subsections (f) and (g), an
186	186	offense under this section is a felony of the second degree with a
187	187	minimum term of imprisonment of 10 years.
188	188	(f) An offense under this section is a felony of the first
189	189	degree with a minimum term of imprisonment of 10 years if:
190	190	(1) the conduct constituting an offense under Section
191	191	20.05 is conducted in a manner that creates a substantial
192	192	likelihood that the smuggled individual will suffer serious bodily
193	193	injury or death; or
194	194	(2) the smuggled individual is a child younger than 18
195	195	years of age at the time of the offense.
196	196	SECTION 6. Section 20.07(b), Penal Code, is amended to read
197	197	as follows:
198	198	(b) An offense under this section is a felony of the third
199	199	degree with a minimum term of imprisonment of five years, except
200	200	that the offense is a felony of the second degree with a minimum
201	201	term of imprisonment of five years if:
202	202	(1) the offense is committed under Subsection (a)(1)
203	203	and the property that is the subject of the offense is used to
204	204	commit or facilitate the commission of an offense under Section
205	205	20.06, 20A.03, or 43.05; or
206	206	(2) it is shown on the trial of the offense that as a
207	207	direct result of the commission of the offense:
208	208	(A) an individual became a victim of sexual
209	209	assault, as defined by Section 22.011, or aggravated sexual
210	210	assault, as defined by Section 22.021; or
211	211	(B) an individual suffered serious bodily injury
212	212	or death [Class A misdemeanor].
213	213	SECTION 7. Section 22.01, Penal Code, is amended by adding
214	214	Subsection (b-4) to read as follows:
215	215	(b-4) Notwithstanding Subsection (b), an offense under
216	216	Subsection (a)(1) is a felony of the third degree if it is shown on
217	217	the trial of the offense that the actor committed the offense in the
218	218	course of committing an offense under Section 20.05(a)(2).
219	219	SECTION 8. Chapter 28, Penal Code, is amended by adding
220	220	Section 28.10 to read as follows:
221	221	Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
222	222	STATE JAIL FELONIES. The punishment for an offense under this
223	223	chapter that is punishable as a misdemeanor or a state jail felony
224	224	is increased to the punishment for a felony of the third degree if
225	225	it is shown on the trial of the offense that the actor committed the
226	226	offense in the course of committing an offense under Section
227	227	20.05(a)(2).
228	228	SECTION 9. Section 30.02, Penal Code, is amended by
229	229	amending Subsection (c) and adding Subsection (c-2) to read as
230	230	follows:
231	231	(c) Except as provided in Subsection (c-1), (c-2), or (d),
232	232	an offense under this section is a:
233	233	(1) state jail felony if committed in a building other
234	234	than a habitation; or
235	235	(2) felony of the second degree if committed in a
236	236	habitation.
237	237	(c-2) An offense under this section is a felony of the third
238	238	degree if:
239	239	(1) the premises are a building other than a
240	240	habitation; and
241	241	(2) it is shown on the trial of the offense that the
242	242	actor committed the offense in the course of committing an offense
243	243	under Section 20.05(a)(2).
244	244	SECTION 10. Section 30.04(d), Penal Code, is amended to
245	245	read as follows:
246	246	(d) An offense under this section is a Class A misdemeanor,
247	247	except that:
248	248	(1) the offense is a Class A misdemeanor with a minimum
249	249	term of confinement of six months if it is shown on the trial of the
250	250	offense that the defendant has been previously convicted of an
251	251	offense under this section;
252	252	(2) the offense is a state jail felony if:
253	253	(A) it is shown on the trial of the offense that
254	254	the defendant has been previously convicted two or more times of an
255	255	offense under this section; or
256	256	(B) the vehicle or part of the vehicle broken
257	257	into or entered is a rail car; and
258	258	(3) the offense is a felony of the third degree if:
259	259	(A) the vehicle broken into or entered is owned
260	260	or operated by a wholesale distributor of prescription drugs[;] and
261	261	[(B)] the actor breaks into or enters that
262	262	vehicle with the intent to commit theft of a controlled substance;
263	263	or
264	264	(B) it is shown on the trial of the offense that
265	265	the actor committed the offense in the course of committing an
266	266	offense under Section 20.05(a)(2).
267	267	SECTION 11. Section 30.05(d), Penal Code, is amended to
268	268	read as follows:
269	269	(d) Subject to Subsection (d-3), an offense under this
270	270	section is:
271	271	(1) a Class B misdemeanor, except as provided by
272	272	Subdivisions (2), [and] (3), and (4);
273	273	(2) a Class C misdemeanor, except as provided by
274	274	Subdivisions [Subdivision] (3) and (4), if the offense is
275	275	committed:
276	276	(A) on agricultural land and within 100 feet of
277	277	the boundary of the land; or
278	278	(B) on residential land and within 100 feet of a
279	279	protected freshwater area; [and]
280	280	(3) a Class A misdemeanor, except as provided by
281	281	Subdivision (4), if:
282	282	(A) the offense is committed:
283	283	(i) in a habitation or a shelter center;
284	284	(ii) on a Superfund site; or
285	285	(iii) on or in a critical infrastructure
286	286	facility;
287	287	(B) the offense is committed on or in property of
288	288	an institution of higher education and it is shown on the trial of
289	289	the offense that the person has previously been convicted of:
290	290	(i) an offense under this section relating
291	291	to entering or remaining on or in property of an institution of
292	292	higher education; or
293	293	(ii) an offense under Section 51.204(b)(1),
294	294	Education Code, relating to trespassing on the grounds of an
295	295	institution of higher education;
296	296	(C) the person carries a deadly weapon during the
297	297	commission of the offense; or
298	298	(D) the offense is committed on the property of
299	299	or within a general residential operation operating as a
300	300	residential treatment center; and
301	301	(4) a felony of the third degree if it is shown on the
302	302	trial of the offense that the defendant committed the offense in the
303	303	course of committing an offense under Section 20.05(a)(2).
304	304	SECTION 12. Section 38.04, Penal Code, is amended by adding
305	305	Subsection (b-1) to read as follows:
306	306	(b-1) Notwithstanding Subsection (b), an offense under this
307	307	section is a felony of the third degree if it is shown on the trial
308	308	of the offense that the actor committed the offense in the course of
309	309	committing an offense under Section 20.05(a)(2).
310	310	SECTION 13. The changes in law made by this Act apply only
311	311	to an offense committed on or after the effective date of this Act.
312	312	An offense committed before the effective date of this Act is
313	313	governed by the law in effect on the date the offense was committed,
314	314	and the former law is continued in effect for that purpose. For
315	315	purposes of this section, an offense was committed before the
316	316	effective date of this Act if any element of the offense was
317	317	committed before that date.
318	318	SECTION 14. This Act takes effect October 1, 2023.
319	319	* * * * *