BILL ANALYSIS H.B. 674 By: Spiller Homeland Security, Public Safety & Veterans' Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE On April 28, 2023, a press release from the office of the governor noted a number of instances of criminal activity involving the evasion of law enforcement with respect to cases related to human smuggling and other serious illegal activities, including one instance near the border in which the driver evading arrest subsequently crashed the vehicle into a cement barrier while law enforcement was in pursuit. Law enforcement officials and others cited in the 2023 press release predicted worsening conditions. Stronger penalties for crimes committed while evading checkpoints may serve to ensure public safety, support law enforcement efforts, and end the exploitation of loopholes in the law. H.B. 674 seeks to ensure that those who commit offenses while attempting to avoid checkpoints face strong criminal penalties and seeks to reinforce law enforcement's ability to deter criminal activity and protect public safety. The bill enhances criminal penalties for certain offenses committed while intentionally evading a federal or state law enforcement checkpoint and establishes that individuals engaging in smuggling or other crimes while evading a checkpoint are presumed to have acted knowingly and with the intent to conceal their actions from law enforcement. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 674 amends the Penal Code to enhance the penalty for the following offenses if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint: assault in which the actor intentionally, knowingly, or recklessly causes bodily injury to another, from a Class A misdemeanor to a third degree felony; burglary committed on the premises of a building other than a habitation, from a state jail felony to a third degree felony; burglary of vehicles, from a Class A misdemeanor to a third degree felony; and criminal trespass, from a Class B misdemeanor to a third degree felony. The bill increases the punishment for an arson, criminal mischief, or other property damage or destruction offense that is punishable as a misdemeanor or a state jail felony to a third degree felony if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint or engaging in conduct constituting an evading arrest or detention offense. H.B. 674 establishes that, for purposes of a smuggling of persons offense in which the actor uses a means of conveyance to transport an individual with the intent to conceal the individual from a peace officer or special investigator, the actor is presumed to have acted knowingly and with such intent if in the course of committing the offense the actor intentionally avoided a federal or state law enforcement checkpoint. H.B. 674 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date. EFFECTIVE DATE July 1, 2025, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 674
By: Spiller
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
H.B. 674
By: Spiller
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE On April 28, 2023, a press release from the office of the governor noted a number of instances of criminal activity involving the evasion of law enforcement with respect to cases related to human smuggling and other serious illegal activities, including one instance near the border in which the driver evading arrest subsequently crashed the vehicle into a cement barrier while law enforcement was in pursuit. Law enforcement officials and others cited in the 2023 press release predicted worsening conditions. Stronger penalties for crimes committed while evading checkpoints may serve to ensure public safety, support law enforcement efforts, and end the exploitation of loopholes in the law. H.B. 674 seeks to ensure that those who commit offenses while attempting to avoid checkpoints face strong criminal penalties and seeks to reinforce law enforcement's ability to deter criminal activity and protect public safety. The bill enhances criminal penalties for certain offenses committed while intentionally evading a federal or state law enforcement checkpoint and establishes that individuals engaging in smuggling or other crimes while evading a checkpoint are presumed to have acted knowingly and with the intent to conceal their actions from law enforcement.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 674 amends the Penal Code to enhance the penalty for the following offenses if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint: assault in which the actor intentionally, knowingly, or recklessly causes bodily injury to another, from a Class A misdemeanor to a third degree felony; burglary committed on the premises of a building other than a habitation, from a state jail felony to a third degree felony; burglary of vehicles, from a Class A misdemeanor to a third degree felony; and criminal trespass, from a Class B misdemeanor to a third degree felony. The bill increases the punishment for an arson, criminal mischief, or other property damage or destruction offense that is punishable as a misdemeanor or a state jail felony to a third degree felony if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint or engaging in conduct constituting an evading arrest or detention offense. H.B. 674 establishes that, for purposes of a smuggling of persons offense in which the actor uses a means of conveyance to transport an individual with the intent to conceal the individual from a peace officer or special investigator, the actor is presumed to have acted knowingly and with such intent if in the course of committing the offense the actor intentionally avoided a federal or state law enforcement checkpoint. H.B. 674 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE July 1, 2025, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
On April 28, 2023, a press release from the office of the governor noted a number of instances of criminal activity involving the evasion of law enforcement with respect to cases related to human smuggling and other serious illegal activities, including one instance near the border in which the driver evading arrest subsequently crashed the vehicle into a cement barrier while law enforcement was in pursuit. Law enforcement officials and others cited in the 2023 press release predicted worsening conditions. Stronger penalties for crimes committed while evading checkpoints may serve to ensure public safety, support law enforcement efforts, and end the exploitation of loopholes in the law. H.B. 674 seeks to ensure that those who commit offenses while attempting to avoid checkpoints face strong criminal penalties and seeks to reinforce law enforcement's ability to deter criminal activity and protect public safety. The bill enhances criminal penalties for certain offenses committed while intentionally evading a federal or state law enforcement checkpoint and establishes that individuals engaging in smuggling or other crimes while evading a checkpoint are presumed to have acted knowingly and with the intent to conceal their actions from law enforcement.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 674 amends the Penal Code to enhance the penalty for the following offenses if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint:
assault in which the actor intentionally, knowingly, or recklessly causes bodily injury to another, from a Class A misdemeanor to a third degree felony;
burglary committed on the premises of a building other than a habitation, from a state jail felony to a third degree felony;
burglary of vehicles, from a Class A misdemeanor to a third degree felony; and
criminal trespass, from a Class B misdemeanor to a third degree felony.
The bill increases the punishment for an arson, criminal mischief, or other property damage or destruction offense that is punishable as a misdemeanor or a state jail felony to a third degree felony if it is shown on the trial of the offense that the actor committed the offense in the course of or for the purpose of intentionally avoiding a federal or state law enforcement checkpoint or engaging in conduct constituting an evading arrest or detention offense.
H.B. 674 establishes that, for purposes of a smuggling of persons offense in which the actor uses a means of conveyance to transport an individual with the intent to conceal the individual from a peace officer or special investigator, the actor is presumed to have acted knowingly and with such intent if in the course of committing the offense the actor intentionally avoided a federal or state law enforcement checkpoint.
H.B. 674 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE
July 1, 2025, or, if the bill does not receive the necessary vote, September 1, 2025.