Texas 2025 - 89th Regular

Texas House Bill HB674 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R3284 JRR-F
2	2		By: Spiller H.B. No. 674
	3	+
	4	+
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the prosecution and punishment of certain criminal
8	10		offenses committed in the course of or for the purpose of avoiding
9	11		certain law enforcement checkpoints or evading an arrest or
10	12		detention; increasing criminal penalties.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Section 3.03(d)(1), Penal Code, is amended to
13	15		read as follows:
14	16		(d)(1) This subsection applies only to a single criminal
15	17		action in which the accused is found guilty of:
16	18		(A) an offense under Section 20.05(a)(2) or an
17	19		offense under Section 20.06 involving conduct constituting an
18	20		offense under Section 20.05(a)(2); and
19	21		(B) an offense punishable under Section
20	22		22.01(b-4)(1), 28.10(1) [22.01(b-4), 28.10], 30.02(c-2),
21	23		30.04(d)(3)(B)(i), 30.05(d)(4)(A) [30.04(d)(3)(B), 30.05(d)(4)],
22	24		or 38.04(b-1) that arises out of the same criminal episode as the
23	25		offense described by Paragraph (A).
24	26		SECTION 2. Section 20.05, Penal Code, is amended by adding
25	27		Subsection (b-3) to read as follows:
26	28		(b-3) For purposes of Subsection (a)(1)(A), the actor is
27	29		presumed to have acted knowingly and with the intent to conceal the
28	30		individual being transported from a peace officer or special
29	31		investigator if in the course of committing the offense the actor
30	32		intentionally avoided a federal or state law enforcement
31	33		checkpoint.
32	34		SECTION 3. Section 22.01(b-4), Penal Code, is amended to
33	35		read as follows:
34	36		(b-4) Notwithstanding Subsection (b), an offense under
35	37		Subsection (a)(1) is a felony of the third degree if it is shown on
36	38		the trial of the offense that the actor:
37	39		(1) committed the offense in the course of committing
38	40		an offense under Section 20.05(a)(2); or
39	41		(2) committed the offense in the course of or for the
40	42		purpose of intentionally avoiding a federal or state law
41	43		enforcement checkpoint.
42	44		SECTION 4. Section 28.10, Penal Code, is amended to read as
43	45		follows:
44	46		Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
45	47		STATE JAIL FELONIES. The punishment for an offense under this
46	48		chapter that is punishable as a misdemeanor or a state jail felony
47	49		is increased to the punishment for a felony of the third degree if
48	50		it is shown on the trial of the offense that the actor:
49	51		(1) committed the offense in the course of committing
50	52		an offense under Section 20.05(a)(2); or
51	53		(2) committed the offense in the course of or for the
52	54		purpose of:
53	55		(A) intentionally avoiding a federal or state law
54	56		enforcement checkpoint; or
55	57		(B) engaging in conduct constituting an offense
56	58		under Section 38.04.
57	59		SECTION 5. Section 30.02, Penal Code, is amended by
58	60		amending Subsection (c) and adding Subsection (c-3) to read as
59	61		follows:
60	62		(c) Except as provided in Subsection (c-1), (c-2), (c-3), or
61	63		(d), an offense under this section is a:
62	64		(1) state jail felony if committed in a building other
63	65		than a habitation; or
64	66		(2) felony of the second degree if committed in a
65	67		habitation.
66	68		(c-3) An offense under this section is a felony of the third
67	69		degree if:
68	70		(1) the premises are a building other than a
69	71		habitation; and
70	72		(2) it is shown on the trial of the offense that the
71	73		actor committed the offense in the course of or for the purpose of
72	74		intentionally avoiding a federal or state law enforcement
73	75		checkpoint.
74	76		SECTION 6. Section 30.04(d), Penal Code, is amended to read
75	77		as follows:
76	78		(d) An offense under this section is a Class A misdemeanor,
77	79		except that:
78	80		(1) the offense is a Class A misdemeanor with a minimum
79	81		term of confinement of six months if it is shown on the trial of the
80	82		offense that the defendant has been previously convicted of an
81	83		offense under this section;
82	84		(2) the offense is a state jail felony if:
83	85		(A) it is shown on the trial of the offense that
84	86		the defendant has been previously convicted two or more times of an
85	87		offense under this section; or
86	88		(B) the vehicle or part of the vehicle broken
87	89		into or entered is a rail car; and
88	90		(3) the offense is a felony of the third degree if:
89	91		(A) the vehicle broken into or entered is owned
90	92		or operated by a wholesale distributor of prescription drugs and
91	93		the actor breaks into or enters that vehicle with the intent to
92	94		commit theft of a controlled substance; or
93	95		(B) it is shown on the trial of the offense that
94	96		the actor:
95	97		(i) committed the offense in the course of
96	98		committing an offense under Section 20.05(a)(2); or
97	99		(ii) committed the offense in the course of
98	100		or for the purpose of intentionally avoiding a federal or state law
99	101		enforcement checkpoint.
100	102		SECTION 7. Section 30.05(d), Penal Code, is amended to read
101	103		as follows:
102	104		(d) Subject to Subsection (d-3), an offense under this
103	105		section is:
104	106		(1) a Class B misdemeanor, except as provided by
105	107		Subdivisions (2), (3), and (4);
106	108		(2) a Class C misdemeanor, except as provided by
107	109		Subdivisions (3) and (4), if the offense is committed:
108	110		(A) on agricultural land and within 100 feet of
109	111		the boundary of the land; or
110	112		(B) on residential land and within 100 feet of a
111	113		protected freshwater area;
112	114		(3) a Class A misdemeanor, except as provided by
113	115		Subdivision (4), if:
114	116		(A) the offense is committed:
115	117		(i) in a habitation or a shelter center;
116	118		(ii) on a Superfund site; or
117	119		(iii) on or in a critical infrastructure
118	120		facility;
119	121		(B) the offense is committed on or in property of
120	122		an institution of higher education and it is shown on the trial of
121	123		the offense that the person has previously been convicted of:
122	124		(i) an offense under this section relating
123	125		to entering or remaining on or in property of an institution of
124	126		higher education; or
125	127		(ii) an offense under Section 51.204(b)(1),
126	128		Education Code, relating to trespassing on the grounds of an
127	129		institution of higher education;
128	130		(C) the person carries a deadly weapon during the
129	131		commission of the offense; or
130	132		(D) the offense is committed on the property of
131	133		or within a general residential operation operating as a
132	134		residential treatment center; and
133	135		(4) a felony of the third degree if it is shown on the
134	136		trial of the offense that the defendant:
135	137		(A) committed the offense in the course of
136	138		committing an offense under Section 20.05(a)(2); or
137	139		(B) committed the offense in the course of or for
138	140		the purpose of intentionally avoiding a federal or state law
139	141		enforcement checkpoint.
140	142		SECTION 8. The changes in law made by this Act apply only to
141	143		an offense committed on or after the effective date of this Act. An
142	144		offense committed before the effective date of this Act is governed
143	145		by the law in effect on the date the offense was committed, and the
144	146		former law is continued in effect for that purpose. For purposes of
145	147		this section, an offense was committed before the effective date of
146	148		this Act if any element of the offense was committed before that
147	149		date.
148	150		SECTION 9. This Act takes effect July 1, 2025, if it
149	151		receives a vote of two-thirds of all the members elected to each
150	152		house, as provided by Section 39, Article III, Texas Constitution.
151	153		If this Act does not receive the vote necessary for effect on that
152	154		date, this Act takes effect September 1, 2025.