Texas 2025 - 89th Regular

Texas Senate Bill SB1279 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3284 JRR-F
2	2	By: Parker S.B. No. 1279
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution and punishment of certain criminal
10	10	offenses committed in the course of or for the purpose of avoiding
11	11	certain law enforcement checkpoints or evading an arrest or
12	12	detention; increasing criminal penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 3.03(d)(1), Penal Code, is amended to
15	15	read as follows:
16	16	(d)(1) This subsection applies only to a single criminal
17	17	action in which the accused is found guilty of:
18	18	(A) an offense under Section 20.05(a)(2) or an
19	19	offense under Section 20.06 involving conduct constituting an
20	20	offense under Section 20.05(a)(2); and
21	21	(B) an offense punishable under Section
22	22	22.01(b-4)(1), 28.10(1) [22.01(b-4), 28.10], 30.02(c-2),
23	23	30.04(d)(3)(B)(i), 30.05(d)(4)(A) [30.04(d)(3)(B), 30.05(d)(4)],
24	24	or 38.04(b-1) that arises out of the same criminal episode as the
25	25	offense described by Paragraph (A).
26	26	SECTION 2. Section 20.05, Penal Code, is amended by adding
27	27	Subsection (b-3) to read as follows:
28	28	(b-3) For purposes of Subsection (a)(1)(A), the actor is
29	29	presumed to have acted knowingly and with the intent to conceal the
30	30	individual being transported from a peace officer or special
31	31	investigator if in the course of committing the offense the actor
32	32	intentionally avoided a federal or state law enforcement
33	33	checkpoint.
34	34	SECTION 3. Section 22.01(b-4), Penal Code, is amended to
35	35	read as follows:
36	36	(b-4) Notwithstanding Subsection (b), an offense under
37	37	Subsection (a)(1) is a felony of the third degree if it is shown on
38	38	the trial of the offense that the actor:
39	39	(1) committed the offense in the course of committing
40	40	an offense under Section 20.05(a)(2); or
41	41	(2) committed the offense in the course of or for the
42	42	purpose of intentionally avoiding a federal or state law
43	43	enforcement checkpoint.
44	44	SECTION 4. Section 28.10, Penal Code, is amended to read as
45	45	follows:
46	46	Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR
47	47	STATE JAIL FELONIES. The punishment for an offense under this
48	48	chapter that is punishable as a misdemeanor or a state jail felony
49	49	is increased to the punishment for a felony of the third degree if
50	50	it is shown on the trial of the offense that the actor:
51	51	(1) committed the offense in the course of committing
52	52	an offense under Section 20.05(a)(2); or
53	53	(2) committed the offense in the course of or for the
54	54	purpose of:
55	55	(A) intentionally avoiding a federal or state law
56	56	enforcement checkpoint; or
57	57	(B) engaging in conduct constituting an offense
58	58	under Section 38.04.
59	59	SECTION 5. Section 30.02, Penal Code, is amended by
60	60	amending Subsection (c) and adding Subsection (c-3) to read as
61	61	follows:
62	62	(c) Except as provided in Subsection (c-1), (c-2), (c-3), or
63	63	(d), an offense under this section is a:
64	64	(1) state jail felony if committed in a building other
65	65	than a habitation; or
66	66	(2) felony of the second degree if committed in a
67	67	habitation.
68	68	(c-3) An offense under this section is a felony of the third
69	69	degree if:
70	70	(1) the premises are a building other than a
71	71	habitation; and
72	72	(2) it is shown on the trial of the offense that the
73	73	actor committed the offense in the course of or for the purpose of
74	74	intentionally avoiding a federal or state law enforcement
75	75	checkpoint.
76	76	SECTION 6. Section 30.04(d), Penal Code, is amended to read
77	77	as follows:
78	78	(d) An offense under this section is a Class A misdemeanor,
79	79	except that:
80	80	(1) the offense is a Class A misdemeanor with a minimum
81	81	term of confinement of six months if it is shown on the trial of the
82	82	offense that the defendant has been previously convicted of an
83	83	offense under this section;
84	84	(2) the offense is a state jail felony if:
85	85	(A) it is shown on the trial of the offense that
86	86	the defendant has been previously convicted two or more times of an
87	87	offense under this section; or
88	88	(B) the vehicle or part of the vehicle broken
89	89	into or entered is a rail car; and
90	90	(3) the offense is a felony of the third degree if:
91	91	(A) the vehicle broken into or entered is owned
92	92	or operated by a wholesale distributor of prescription drugs and
93	93	the actor breaks into or enters that vehicle with the intent to
94	94	commit theft of a controlled substance; or
95	95	(B) it is shown on the trial of the offense that
96	96	the actor:
97	97	(i) committed the offense in the course of
98	98	committing an offense under Section 20.05(a)(2); or
99	99	(ii) committed the offense in the course of
100	100	or for the purpose of intentionally avoiding a federal or state law
101	101	enforcement checkpoint.
102	102	SECTION 7. Section 30.05(d), Penal Code, is amended to read
103	103	as follows:
104	104	(d) Subject to Subsection (d-3), an offense under this
105	105	section is:
106	106	(1) a Class B misdemeanor, except as provided by
107	107	Subdivisions (2), (3), and (4);
108	108	(2) a Class C misdemeanor, except as provided by
109	109	Subdivisions (3) and (4), if the offense is committed:
110	110	(A) on agricultural land and within 100 feet of
111	111	the boundary of the land; or
112	112	(B) on residential land and within 100 feet of a
113	113	protected freshwater area;
114	114	(3) a Class A misdemeanor, except as provided by
115	115	Subdivision (4), if:
116	116	(A) the offense is committed:
117	117	(i) in a habitation or a shelter center;
118	118	(ii) on a Superfund site; or
119	119	(iii) on or in a critical infrastructure
120	120	facility;
121	121	(B) the offense is committed on or in property of
122	122	an institution of higher education and it is shown on the trial of
123	123	the offense that the person has previously been convicted of:
124	124	(i) an offense under this section relating
125	125	to entering or remaining on or in property of an institution of
126	126	higher education; or
127	127	(ii) an offense under Section 51.204(b)(1),
128	128	Education Code, relating to trespassing on the grounds of an
129	129	institution of higher education;
130	130	(C) the person carries a deadly weapon during the
131	131	commission of the offense; or
132	132	(D) the offense is committed on the property of
133	133	or within a general residential operation operating as a
134	134	residential treatment center; and
135	135	(4) a felony of the third degree if it is shown on the
136	136	trial of the offense that the defendant:
137	137	(A) committed the offense in the course of
138	138	committing an offense under Section 20.05(a)(2); or
139	139	(B) committed the offense in the course of or for
140	140	the purpose of intentionally avoiding a federal or state law
141	141	enforcement checkpoint.
142	142	SECTION 8. The changes in law made by this Act apply only to
143	143	an offense committed on or after the effective date of this Act. An
144	144	offense committed before the effective date of this Act is governed
145	145	by the law in effect on the date the offense was committed, and the
146	146	former law is continued in effect for that purpose. For purposes of
147	147	this section, an offense was committed before the effective date of
148	148	this Act if any element of the offense was committed before that
149	149	date.
150	150	SECTION 9. This Act takes effect July 1, 2025, if it
151	151	receives a vote of two-thirds of all the members elected to each
152	152	house, as provided by Section 39, Article III, Texas Constitution.
153	153	If this Act does not receive the vote necessary for effect on that
154	154	date, this Act takes effect September 1, 2025.