Texas 2025 - 89th Regular

Texas Senate Bill SB659 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner S.B. No. 659
	2	+	(In the Senate - Filed December 19, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 23, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 23, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 659 By: Flores
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the prosecution and punishment of the offense of
9	16		smuggling of persons.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Sections 20.05(a) and (b), Penal Code, are
12	19		amended to read as follows:
13	20		(a) A person commits an offense if the person knowingly:
14	21		(1) uses or assists, solicits, encourages, directs,
15	22		aids, or attempts to aid another in the use of a motor vehicle,
16	23		aircraft, watercraft, or other means of conveyance to transport an
17	24		individual with the intent to:
18	25		(A) conceal the individual from a peace officer
19	26		or special investigator; or
20	27		(B) flee or aid the person using the motor
21	28		vehicle, aircraft, watercraft, or other means of conveyance in
22	29		fleeing from a person the actor knows is a peace officer or special
23	30		investigator attempting to lawfully arrest or detain the actor or
24	31		person the actor assisted, solicited, encouraged, directed, aided,
25	32		or attempted to aid in using the motor vehicle, aircraft,
26	33		watercraft, or other means of conveyance;
27	34		(2) encourages or induces a person to enter or remain
28	35		in this country in violation of federal law by concealing,
29	36		harboring, or shielding that person from detection; [or]
30	37		(3) assists, guides, or directs an individual [two or
31	38		more individuals] to enter or remain on public or private property
32	39		[agricultural land] without the effective consent of the owner; or
33	40		(4) takes an individual to or forces an individual to
34	41		remain on public or private property without the individual's
35	42		effective consent.
36	43		(b) Subject to Subsections (b-1) and (b-2), an offense under
37	44		this section is a felony of the third degree with a term of
38	45		imprisonment of 10 years, except that the offense is:
39	46		(1) a felony of the second degree with a minimum term
40	47		of imprisonment of 10 years if:
41	48		(A) the actor commits the offense in a manner
42	49		that creates a substantial likelihood that the smuggled individual
43	50		will suffer serious bodily injury or death;
44	51		(B) the smuggled individual is a child younger
45	52		than 18 years of age at the time of the offense;
46	53		(C) the offense was committed with the intent to
47	54		obtain a pecuniary benefit;
48	55		(D) during the commission of the offense the
49	56		actor, another party to the offense, or an individual assisted,
50	57		guided, or directed by the actor knowingly possessed a firearm; or
51	58		(E) the actor commits the offense under
52	59		Subsection (a)(1)(B); or
53	60		(2) a felony of the first degree with a minimum term of
54	61		imprisonment of 10 years if:
55	62		(A) it is shown on the trial of the offense that,
56	63		as a direct result of the commission of the offense, the smuggled
57	64		individual became a victim of sexual assault, as defined by Section
58	65		22.011, or aggravated sexual assault, as defined by Section 22.021;
59	66		[or]
60	67		(B) the smuggled individual suffered serious
61	68		bodily injury or death; or
62	69		(C) the actor used government resources to
63	70		facilitate the commission of the offense.
64	71		SECTION 2. The change in law made by this Act applies only
65	72		to an offense committed on or after the effective date of this Act.
66	73		An offense committed before the effective date of this Act is
67	74		governed by the law in effect on the date the offense was committed,
68	75		and the former law is continued in effect for that purpose. For
69	76		purposes of this section, an offense was committed before the
70	77		effective date of this Act if any element of the offense occurred
71	78		before that date.
72	79		SECTION 3. This Act takes effect September 1, 2025.
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