Texas 2023 - 88th 1st C.S.

Texas House Bill HB3 Compare Versions

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1	1	88S10078 JRR-D
2	2	By: Cook H.B. No. 3
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 or the operation of a stash house;
9	9	increasing criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. If H.B. No. 165, Acts of the 88th Legislature,
12	12	Regular Session, 2023, becomes law, Section 3.03, Penal Code, as
13	13	effective September 1, 2023, is amended by amending Subsection (a)
14	14	and adding Subsections (d) and (e) to read as follows:
15	15	(a) When the accused is found guilty of more than one
16	16	offense arising out of the same criminal episode prosecuted in a
17	17	single criminal action, a sentence for each offense for which the
18	18	accused has been found guilty shall be pronounced. Except as
19	19	otherwise provided by this section [Subsections (b) and (c)], the
20	20	sentences shall run concurrently.
21	21	(d)(1) This subsection applies only to a single criminal
22	22	action in which the accused is found guilty of:
23	23	(A) an offense under Section 20.05(a)(2) or an
24	24	offense under Section 20.06 involving conduct constituting an
25	25	offense under Section 20.05(a)(2); and
26	26	(B) an offense punishable under Section
27	27	22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
28	28	38.04(b-1) that arises out of the same criminal episode as the
29	29	offense described by Paragraph (A).
30	30	(2) The sentence for an offense described by
31	31	Subdivision (1)(A) may run consecutively with each sentence for an
32	32	offense described by Subdivision (1)(B).
33	33	(3) If the accused is found guilty of more than one
34	34	offense described by Subdivision (1)(A), the sentences for those
35	35	offenses must run concurrently with each other.
36	36	(e) Except as otherwise provided by this subsection, if in a
37	37	single criminal action the accused is found guilty of more than one
38	38	offense arising out of the same criminal episode, the sentences may
39	39	run consecutively if each sentence is for a conviction of an offense
40	40	for which a plea agreement was reached in a case in which the
41	41	accused was charged with an offense described by Subsection
42	42	(d)(1)(A) and an offense described by Subsection (d)(1)(B). If the
43	43	accused is found guilty of more than one offense described by
44	44	Subsection (d)(1)(A), the sentences for those offenses must run
45	45	concurrently with each other.
46	46	SECTION 2. If H.B. No. 165, Acts of the 88th Legislature,
47	47	Regular Session, 2023, does not become law, Section 3.03, Penal
48	48	Code, is amended by amending Subsection (a) and adding Subsections
49	49	(c) and (d) to read as follows:
50	50	(a) When the accused is found guilty of more than one
51	51	offense arising out of the same criminal episode prosecuted in a
52	52	single criminal action, a sentence for each offense for which the
53	53	accused [he] has been found guilty shall be pronounced. Except as
54	54	otherwise provided by this section [Subsection (b)], the sentences
55	55	shall run concurrently.
56	56	(c)(1) This subsection applies only to a single criminal
57	57	action in which the accused is found guilty of:
58	58	(A) an offense under Section 20.05(a)(2) or an
59	59	offense under Section 20.06 involving conduct constituting an
60	60	offense under Section 20.05(a)(2); and
61	61	(B) an offense punishable under Section
62	62	22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or
63	63	38.04(b-1) that arises out of the same criminal episode as the
64	64	offense described by Paragraph (A).
65	65	(2) The sentence for an offense described by
66	66	Subdivision (1)(A) may run consecutively with each sentence for an
67	67	offense described by Subdivision (1)(B).
68	68	(3) If the accused is found guilty of more than one
69	69	offense described by Subdivision (1)(A), the sentences for those
70	70	offenses must run concurrently with each other.
71	71	(d) Except as otherwise provided by this subsection, if in a
72	72	single criminal action the accused is found guilty of more than one
73	73	offense arising out of the same criminal episode, the sentences may
74	74	run consecutively if each sentence is for a conviction of an offense
75	75	for which a plea agreement was reached in a case in which the
76	76	accused was charged with an offense described by Subsection
77	77	(c)(1)(A) and an offense described by Subsection (c)(1)(B). If the
78	78	accused is found guilty of more than one offense described by
79	79	Subsection (c)(1)(A), the sentences for those offenses must run
80	80	concurrently with each other.
81	81	SECTION 3. Section 12.50, Penal Code, is amended by
82	82	amending Subsections (a), (b), and (c) and adding Subsection (d) to
83	83	read as follows:
84	84	(a) Subject to Subsections [Subsection] (c) and (d), the
85	85	punishment for an offense described by Subsection (b) is increased
86	86	to the punishment prescribed for the next higher category of
87	87	offense if it is shown on the trial of the offense that the offense
88	88	was committed in an area that was, at the time of the offense:
89	89	(1) subject to a declaration of a state of disaster
90	90	made by:
91	91	(A) the president of the United States under the
92	92	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
93	93	U.S.C. Section 5121 et seq.);
94	94	(B) the governor under Section 418.014,
95	95	Government Code; or
96	96	(C) the presiding officer of the governing body
97	97	of a political subdivision under Section 418.108, Government Code;
98	98	or
99	99	(2) subject to an emergency evacuation order.
100	100	(b) The increase in punishment authorized by this section
101	101	applies only to an offense under:
102	102	(1) Section 20.05;
103	103	(2) Section 20.06;
104	104	(3) Section 20.07;
105	105	(4) Section 22.01;
106	106	(5) [(2)] Section 28.02;
107	107	(6) [(3)] Section 29.02;
108	108	(7) [(4)] Section 30.02;
109	109	(8) [(5)] Section 30.03;
110	110	(9) [(6)] Section 30.04;
111	111	(10) [(7)] Section 30.05; and
112	112	(11) [(8)] Section 31.03.
113	113	(c) If an offense listed under Subsection (b) [(b)(1), (5),
114	114	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
115	115	minimum term of confinement for the offense is increased to 180
116	116	days. Except as provided by Subsection (d), if [If] an offense
117	117	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
118	118	felony of the first degree, the punishment for that offense may not
119	119	be increased under this section.
120	120	(d) Except as otherwise provided by this subsection, the
121	121	minimum term of imprisonment for an offense listed under Subsection
122	122	(b)(1), (2), or (3) for which punishment is increased under this
123	123	section is 10 years. If an offense listed under Subsection (b)(1)
124	124	or (2) is punishable as a felony of the first degree, the minimum
125	125	term of imprisonment is increased to 15 years unless another
126	126	provision of law applicable to the offense provides for a minimum
127	127	term of imprisonment of 15 years or more.
128	128	SECTION 4. Section 20.05, Penal Code, is amended by
129	129	amending Subsection (b) and adding Subsection (b-1) to read as
130	130	follows:
131	131	(b) Subject to Subsection (b-1), an [An] offense under this
132	132	section is a felony of the third degree with a term of imprisonment
133	133	of 10 years, except that the offense is:
134	134	(1) a felony of the second degree with a minimum term
135	135	of imprisonment of 10 years if:
136	136	(A) the actor commits the offense in a manner
137	137	that creates a substantial likelihood that the smuggled individual
138	138	will suffer serious bodily injury or death;
139	139	(B) the smuggled individual is a child younger
140	140	than 18 years of age at the time of the offense;
141	141	(C) the offense was committed with the intent to
142	142	obtain a pecuniary benefit;
143	143	(D) during the commission of the offense the
144	144	actor, another party to the offense, or an individual assisted,
145	145	guided, or directed by the actor knowingly possessed a firearm; or
146	146	(E) the actor commits the offense under
147	147	Subsection (a)(1)(B); or
148	148	(2) a felony of the first degree with a minimum term of
149	149	imprisonment of 10 years if:
150	150	(A) it is shown on the trial of the offense that,
151	151	as a direct result of the commission of the offense, the smuggled
152	152	individual became a victim of sexual assault, as defined by Section
153	153	22.011, or aggravated sexual assault, as defined by Section 22.021;
154	154	or
155	155	(B) the smuggled individual suffered serious
156	156	bodily injury or death.
157	157	(b-1) If at the punishment stage of the trial or at the time
158	158	of entering a plea agreement for an offense under this section
159	159	punishable as a felony of the third degree, the attorney
160	160	representing the state in the prosecution of the offense certifies
161	161	to the court in writing that the actor has provided significant
162	162	cooperation to the state or law enforcement, and describes the
163	163	manner of cooperation, the minimum term of imprisonment is five
164	164	years. The certification is confidential and shall be sealed by the
165	165	court, except that the certification may be accessed by the office
166	166	of the attorney representing the state, the attorney representing
167	167	the defendant, and the court. For purposes of this subsection,
168	168	"significant cooperation" includes:
169	169	(1) testifying in a trial on behalf of the state
170	170	against other parties to the offense;
171	171	(2) providing relevant information regarding the case
172	172	and other parties to the offense;
173	173	(3) providing information that furthers the
174	174	investigation of the charged offense and any other parties
175	175	involved; or
176	176	(4) providing information that aids law enforcement.
177	177	SECTION 5. Sections 20.06(e) and (f), Penal Code, are
178	178	amended to read as follows:
179	179	(e) Except as provided by Subsections (f) and (g), an
180	180	offense under this section is a felony of the second degree with a
181	181	minimum term of imprisonment of 10 years.
182	182	(f) An offense under this section is a felony of the first
183	183	degree with a minimum term of imprisonment of 10 years if:
184	184	(1) the conduct constituting an offense under Section
185	185	20.05 is conducted in a manner that creates a substantial
186	186	likelihood that the smuggled individual will suffer serious bodily
187	187	injury or death; or
188	188	(2) the smuggled individual is a child younger than 18
189	189	years of age at the time of the offense.
190	190	SECTION 6. Section 20.07(b), Penal Code, is amended to read
191	191	as follows:
192	192	(b) An offense under this section is a felony of the third
193	193	degree with a minimum term of imprisonment of five years, except
194	194	that the offense is a felony of the second degree with a minimum
195	195	term of imprisonment of five years if:
196	196	(1) the offense is committed under Subsection (a)(1)
197	197	and the property that is the subject of the offense is used to
198	198	commit or facilitate the commission of an offense under Section
199	199	20.06, 20A.03, or 43.05; or
200	200	(2) it is shown on the trial of the offense that as a
201	201	direct result of the commission of the offense:
202	202	(A) an individual became a victim of sexual
203	203	assault, as defined by Section 22.011, or aggravated sexual
204	204	assault, as defined by Section 22.021; or
205	205	(B) an individual suffered serious bodily injury
206	206	or death [Class A misdemeanor].
207	207	SECTION 7. Section 22.01, Penal Code, is amended by adding
208	208	Subsection (b-4) to read as follows:
209	209	(b-4) Notwithstanding Subsection (b), an offense under
210	210	Subsection (a)(1) is a felony of the third degree if it is shown on
211	211	the trial of the offense that the actor committed the offense in the
212	212	course of committing an offense under Section 20.05(a)(2).
213	213	SECTION 8. Chapter 28, Penal Code, is amended by adding
214	214	Section 28.10 to read as follows:
215	215	Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
216	216	STATE JAIL FELONIES. The punishment for an offense under this
217	217	chapter that is punishable as a misdemeanor or a state jail felony
218	218	is increased to the punishment for a felony of the third degree if
219	219	it is shown on the trial of the offense that the actor committed the
220	220	offense in the course of committing an offense under Section
221	221	20.05(a)(2).
222	222	SECTION 9. Section 30.02, Penal Code, is amended by
223	223	amending Subsection (c) and adding Subsection (c-2) to read as
224	224	follows:
225	225	(c) Except as provided in Subsection (c-1), (c-2), or (d),
226	226	an offense under this section is a:
227	227	(1) state jail felony if committed in a building other
228	228	than a habitation; or
229	229	(2) felony of the second degree if committed in a
230	230	habitation.
231	231	(c-2) An offense under this section is a felony of the third
232	232	degree if:
233	233	(1) the premises are a building other than a
234	234	habitation; and
235	235	(2) it is shown on the trial of the offense that the
236	236	actor committed the offense in the course of committing an offense
237	237	under Section 20.05(a)(2).
238	238	SECTION 10. Section 30.04(d), Penal Code, is amended to
239	239	read as follows:
240	240	(d) An offense under this section is a Class A misdemeanor,
241	241	except that:
242	242	(1) the offense is a Class A misdemeanor with a minimum
243	243	term of confinement of six months if it is shown on the trial of the
244	244	offense that the defendant has been previously convicted of an
245	245	offense under this section;
246	246	(2) the offense is a state jail felony if:
247	247	(A) it is shown on the trial of the offense that
248	248	the defendant has been previously convicted two or more times of an
249	249	offense under this section; or
250	250	(B) the vehicle or part of the vehicle broken
251	251	into or entered is a rail car; and
252	252	(3) the offense is a felony of the third degree if:
253	253	(A) the vehicle broken into or entered is owned
254	254	or operated by a wholesale distributor of prescription drugs[;] and
255	255	[(B)] the actor breaks into or enters that
256	256	vehicle with the intent to commit theft of a controlled substance;
257	257	or
258	258	(B) it is shown on the trial of the offense that
259	259	the actor committed the offense in the course of committing an
260	260	offense under Section 20.05(a)(2).
261	261	SECTION 11. Section 30.05(d), Penal Code, is amended to
262	262	read as follows:
263	263	(d) Subject to Subsection (d-3), an offense under this
264	264	section is:
265	265	(1) a Class B misdemeanor, except as provided by
266	266	Subdivisions (2), [and] (3), and (4);
267	267	(2) a Class C misdemeanor, except as provided by
268	268	Subdivisions [Subdivision] (3) and (4), if the offense is
269	269	committed:
270	270	(A) on agricultural land and within 100 feet of
271	271	the boundary of the land; or
272	272	(B) on residential land and within 100 feet of a
273	273	protected freshwater area; [and]
274	274	(3) a Class A misdemeanor, except as provided by
275	275	Subdivision (4), if:
276	276	(A) the offense is committed:
277	277	(i) in a habitation or a shelter center;
278	278	(ii) on a Superfund site; or
279	279	(iii) on or in a critical infrastructure
280	280	facility;
281	281	(B) the offense is committed on or in property of
282	282	an institution of higher education and it is shown on the trial of
283	283	the offense that the person has previously been convicted of:
284	284	(i) an offense under this section relating
285	285	to entering or remaining on or in property of an institution of
286	286	higher education; or
287	287	(ii) an offense under Section 51.204(b)(1),
288	288	Education Code, relating to trespassing on the grounds of an
289	289	institution of higher education;
290	290	(C) the person carries a deadly weapon during the
291	291	commission of the offense; or
292	292	(D) the offense is committed on the property of
293	293	or within a general residential operation operating as a
294	294	residential treatment center; and
295	295	(4) a felony of the third degree if it is shown on the
296	296	trial of the offense that the defendant committed the offense in the
297	297	course of committing an offense under Section 20.05(a)(2).
298	298	SECTION 12. Section 38.04, Penal Code, is amended by adding
299	299	Subsection (b-1) to read as follows:
300	300	(b-1) Notwithstanding Subsection (b), an offense under this
301	301	section is a felony of the third degree if it is shown on the trial
302	302	of the offense that the actor committed the offense in the course of
303	303	committing an offense under Section 20.05(a)(2).
304	304	SECTION 13. The changes in law made by this Act apply only
305	305	to an offense committed on or after the effective date of this Act.
306	306	An offense committed before the effective date of this Act is
307	307	governed by the law in effect on the date the offense was committed,
308	308	and the former law is continued in effect for that purpose. For
309	309	purposes of this section, an offense was committed before the
310	310	effective date of this Act if any element of the offense was
311	311	committed before that date.
312	312	SECTION 14. This Act takes effect October 1, 2023.