89R6257 JDK-D
By: Schwertner S.B. No. 659
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of smuggling of persons
through the use of government resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.05(b), Penal Code, is amended to read
as follows:
(b) Subject to Subsections (b-1) and (b-2), an offense under
this section is a felony of the third degree with a term of
imprisonment of 10 years, except that the offense is:
(1) a felony of the second degree with a minimum term
of imprisonment of 10 years if:
(A) the actor commits the offense in a manner
that creates a substantial likelihood that the smuggled individual
will suffer serious bodily injury or death;
(B) the smuggled individual is a child younger
than 18 years of age at the time of the offense;
(C) the offense was committed with the intent to
obtain a pecuniary benefit;
(D) during the commission of the offense the
actor, another party to the offense, or an individual assisted,
guided, or directed by the actor knowingly possessed a firearm; or
(E) the actor commits the offense under
Subsection (a)(1)(B); or
(2) a felony of the first degree with a minimum term of
imprisonment of 10 years if:
(A) it is shown on the trial of the offense that,
as a direct result of the commission of the offense, the smuggled
individual became a victim of sexual assault, as defined by Section
22.011, or aggravated sexual assault, as defined by Section 22.021;
[or]
(B) the smuggled individual suffered serious
bodily injury or death; or
(C) the offense is committed under Subsection
(a)(2) and the actor used government resources to facilitate the
commission of the offense.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act 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
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.