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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of and punishment for the offense of |
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smuggling of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 20.05(a), (b), and (c), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally |
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transports [uses a motor vehicle, aircraft, or watercraft to
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transport] an individual with the intent to: |
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(1) conceal the individual from a peace officer or |
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special investigator; or |
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(2) flee from a person the actor knows is a peace |
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officer or special investigator attempting to lawfully arrest or |
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detain the actor. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is: |
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(1) a state jail felony if the actor transports fewer |
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than three individuals; |
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(2) a felony of the third degree if the actor |
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transports more than two individuals but fewer than six |
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individuals; and |
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(3) a felony of the second degree if the actor |
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transports more than five individuals. |
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(c) An offense under this section is the next higher |
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category of offense [a felony of the third degree] if the actor |
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commits the offense: |
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(1) for pecuniary benefit; or |
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(2) in a manner that creates a substantial likelihood |
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that the transported individual will suffer serious bodily injury |
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or death. |
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SECTION 2. Section 71.02(a), Penal Code, as amended by |
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Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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[or] |
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(17) any offense under Section 20.05; or |
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(18) [(17)] any offense classified as a felony under |
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the Tax Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |