|
|
|
|
AN ACT
|
|
relating to the powers and duties of the Texas Department of Public |
|
Safety, military and law enforcement training, and the |
|
investigation, prosecution, punishment, and prevention of certain |
|
offenses; creating an offense and increasing a criminal penalty; |
|
authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 2.12, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
officers: |
|
(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
|
Chapter 1701, Occupations Code; |
|
(2) constables, deputy constables, and those reserve |
|
deputy constables who hold a permanent peace officer license issued |
|
under Chapter 1701, Occupations Code; |
|
(3) marshals or police officers of an incorporated |
|
city, town, or village, and those reserve municipal police officers |
|
who hold a permanent peace officer license issued under Chapter |
|
1701, Occupations Code; |
|
(4) rangers, [and] officers, and members of the |
|
reserve officer corps commissioned by the Public Safety Commission |
|
and the Director of the Department of Public Safety; |
|
(5) investigators of the district attorneys', criminal |
|
district attorneys', and county attorneys' offices; |
|
(6) law enforcement agents of the Texas Alcoholic |
|
Beverage Commission; |
|
(7) each member of an arson investigating unit |
|
commissioned by a city, a county, or the state; |
|
(8) officers commissioned under Section 37.081, |
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
(9) officers commissioned by the General Services |
|
Commission; |
|
(10) law enforcement officers commissioned by the |
|
Parks and Wildlife Commission; |
|
(11) airport police officers commissioned by a city |
|
with a population of more than 1.18 million located primarily in a |
|
county with a population of 2 million or more that operates an |
|
airport that serves commercial air carriers; |
|
(12) airport security personnel commissioned as peace |
|
officers by the governing body of any political subdivision of this |
|
state, other than a city described by Subdivision (11), that |
|
operates an airport that serves commercial air carriers; |
|
(13) municipal park and recreational patrolmen and |
|
security officers; |
|
(14) security officers and investigators commissioned |
|
as peace officers by the comptroller; |
|
(15) officers commissioned by a water control and |
|
improvement district under Section 49.216, Water Code; |
|
(16) officers commissioned by a board of trustees |
|
under Chapter 54, Transportation Code; |
|
(17) investigators commissioned by the Texas Medical |
|
Board; |
|
(18) officers commissioned by: |
|
(A) the board of managers of the Dallas County |
|
Hospital District, the Tarrant County Hospital District, the Bexar |
|
County Hospital District, or the El Paso County Hospital District |
|
under Section 281.057, Health and Safety Code; |
|
(B) the board of directors of the Ector County |
|
Hospital District under Section 1024.117, Special District Local |
|
Laws Code; and |
|
(C) the board of directors of the Midland County |
|
Hospital District of Midland County, Texas, under Section 1061.121, |
|
Special District Local Laws Code; |
|
(19) county park rangers commissioned under |
|
Subchapter E, Chapter 351, Local Government Code; |
|
(20) investigators employed by the Texas Racing |
|
Commission; |
|
(21) officers commissioned under Chapter 554, |
|
Occupations Code; |
|
(22) officers commissioned by the governing body of a |
|
metropolitan rapid transit authority under Section 451.108, |
|
Transportation Code, or by a regional transportation authority |
|
under Section 452.110, Transportation Code; |
|
(23) investigators commissioned by the attorney |
|
general under Section 402.009, Government Code; |
|
(24) security officers and investigators commissioned |
|
as peace officers under Chapter 466, Government Code; |
|
(25) [an officer employed by the Department of State
|
|
Health Services under Section 431.2471, Health and Safety Code;
|
|
[(26)] officers appointed by an appellate court under |
|
Subchapter F, Chapter 53, Government Code; |
|
(26) [(27)] officers commissioned by the state fire |
|
marshal under Chapter 417, Government Code; |
|
(27) [(28)] an investigator commissioned by the |
|
commissioner of insurance under Section 701.104, Insurance Code; |
|
(28) [(29)] apprehension specialists and inspectors |
|
general commissioned by the Texas Juvenile Justice Department as |
|
officers under Sections 242.102 and 243.052, Human Resources Code; |
|
(29) [(30)] officers appointed by the inspector |
|
general of the Texas Department of Criminal Justice under Section |
|
493.019, Government Code; |
|
(30) [(31)] investigators commissioned by the Texas |
|
Commission on Law Enforcement under Section 1701.160, Occupations |
|
Code; |
|
(31) [(32)] commission investigators commissioned by |
|
the Texas Private Security Board under Section 1702.061 |
|
[1702.061(f)], Occupations Code; |
|
(32) [(33)] the fire marshal and any officers, |
|
inspectors, or investigators commissioned by an emergency services |
|
district under Chapter 775, Health and Safety Code; |
|
(33) [(34)] officers commissioned by the State Board |
|
of Dental Examiners under Section 254.013, Occupations Code, |
|
subject to the limitations imposed by that section; |
|
(34) [(35)] investigators commissioned by the Texas |
|
Juvenile Justice Department as officers under Section 221.011, |
|
Human Resources Code; and |
|
(35) [(36)] the fire marshal and any related officers, |
|
inspectors, or investigators commissioned by a county under |
|
Subchapter B, Chapter 352, Local Government Code. |
|
SECTION 2. Section 4, Article 18.20, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED. |
|
A judge of competent jurisdiction may issue an order authorizing |
|
interception of wire, oral, or electronic communications only if |
|
the prosecutor applying for the order shows probable cause to |
|
believe that the interception will provide evidence of the |
|
commission of: |
|
(1) a felony under Section 19.02, 19.03, or 43.26, |
|
Penal Code; |
|
(2) a felony under: |
|
(A) Chapter 481, Health and Safety Code, other |
|
than felony possession of marihuana; |
|
(B) Section 485.032, Health and Safety Code; or |
|
(C) Chapter 483, Health and Safety Code; |
|
(3) an offense under Section 20.03 or 20.04, Penal |
|
Code; |
|
(4) an offense under Chapter 20A, Penal Code; |
|
(5) an offense under Chapter 34, Penal Code, if the |
|
criminal activity giving rise to the proceeds involves the |
|
commission of an offense under Title 5, Penal Code, or an offense |
|
under federal law or the laws of another state containing elements |
|
that are substantially similar to the elements of an offense under |
|
Title 5; |
|
(6) an offense under Section 38.11, Penal Code; [or] |
|
(7) an offense under Section 43.04 or 43.05, Penal |
|
Code; or |
|
(8) an attempt, conspiracy, or solicitation to commit |
|
an offense listed in this section. |
|
SECTION 3. Article 59.01(2), Code of Criminal Procedure, as |
|
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(2) "Contraband" means property of any nature, |
|
including real, personal, tangible, or intangible, that is: |
|
(A) used in the commission of: |
|
(i) any first or second degree felony under |
|
the Penal Code; |
|
(ii) any felony under Section 15.031(b), |
|
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, |
|
33A, or 35, Penal Code; |
|
(iii) any felony under The Securities Act |
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
|
jail felony, if the defendant has been previously convicted three |
|
times of an offense under that chapter; |
|
(B) used or intended to be used in the commission |
|
of: |
|
(i) any felony under Chapter 481, Health |
|
and Safety Code (Texas Controlled Substances Act); |
|
(ii) any felony under Chapter 483, Health |
|
and Safety Code; |
|
(iii) a felony under Chapter 151, Finance |
|
Code; |
|
(iv) any felony under Chapter 34, Penal |
|
Code; |
|
(v) a Class A misdemeanor under Subchapter |
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
previously convicted twice of an offense under that subchapter; |
|
(vi) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
involves the state Medicaid program; |
|
(vii) a Class B misdemeanor under Chapter |
|
522, Business & Commerce Code; |
|
(viii) a Class A misdemeanor under Section |
|
306.051, Business & Commerce Code; |
|
(ix) any offense under Section 42.10, Penal |
|
Code; |
|
(x) any offense under Section 46.06(a)(1) |
|
or 46.14, Penal Code; |
|
(xi) any offense under Chapter 71, Penal |
|
Code; |
|
(xii) any offense under Section 20.05 or |
|
20.06, Penal Code; or |
|
(xiii) [(xiv)] an offense under Section |
|
326.002, Business & Commerce Code; |
|
(C) the proceeds gained from the commission of a |
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of |
|
this subdivision, or a crime of violence; |
|
(D) acquired with proceeds gained from the |
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
|
or (xi) of this subdivision, or a crime of violence; |
|
(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
|
43.25, Penal Code; or |
|
(F) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 20A.02 or |
|
Chapter 43, Penal Code. |
|
SECTION 4. Subchapter B, Chapter 402, Government Code, is |
|
amended by adding Section 402.038 to read as follows: |
|
Sec. 402.038. TRANSNATIONAL AND ORGANIZED CRIME DIVISION. |
|
(a) The office of the attorney general shall establish a |
|
transnational and organized crime division. |
|
(b) To address matters related to border security and |
|
organized crime, the transnational and organized crime division |
|
shall: |
|
(1) establish within the division a prosecution unit |
|
to provide critical assistance to local prosecutors; |
|
(2) using existing funds, establish within the |
|
division a trafficking of persons unit to: |
|
(A) assist local law enforcement agencies and |
|
local prosecutors in investigating and prosecuting trafficking of |
|
persons and related crimes; and |
|
(B) work with the appropriate local and state |
|
agencies to identify victims of trafficking of persons and to |
|
provide the types of assistance available for those victims under |
|
Chapter 56, Code of Criminal Procedure; and |
|
(3) develop initiatives to provide greater state |
|
assistance, support, and coordination among state law enforcement |
|
agencies, local law enforcement agencies, and local prosecutors. |
|
(c) Prosecution assistance provided by the division under |
|
this section shall be in accordance with the assistance authorized |
|
under Section 402.028. |
|
SECTION 5. Section 411.0043, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The |
|
commission shall implement a policy requiring the department to use |
|
appropriate technological solutions to improve the department's |
|
ability to perform its functions. The policy must ensure that the |
|
public is able to interact with the department on the Internet. |
|
(b) The department shall periodically: |
|
(1) review the department's existing information |
|
technology system to determine whether: |
|
(A) the system's security should be upgraded; and |
|
(B) the system provides the department with the |
|
best ability to monitor and investigate criminal activity on the |
|
Internet; and |
|
(2) make any necessary improvements to the |
|
department's information technology system. |
|
SECTION 6. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0163 to read as follows: |
|
Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW |
|
ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of |
|
law, the department may, at the time a commissioned officer is |
|
hired, elect to credit up to four years of experience as a peace |
|
officer in the state as years of service for the purpose of |
|
calculating the officer's salary under Schedule C. All officers |
|
are subject to the one-year probationary period under Section |
|
411.007(g) notwithstanding the officer's rank or salary |
|
classification. |
|
SECTION 7. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0164 to read as follows: |
|
Sec. 411.0164. 50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS. |
|
Notwithstanding any other law, the department may implement a |
|
10-hour workday and 50-hour workweek for commissioned officers of |
|
the department. |
|
SECTION 8. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0165 to read as follows: |
|
Sec. 411.0165. VETERAN APPLICANTS FOR TROOPER TRAINING. |
|
The department may accept a person applying to the department's |
|
trooper trainee academy if the person: |
|
(1) has served four or more years in the United States |
|
armed forces as a member of the military police or other security |
|
force and received an honorable discharge; and |
|
(2) meets all other department requirements for a |
|
commissioned officer. |
|
SECTION 9. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Sections 411.0208 and 411.0209 to read as |
|
follows: |
|
Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission |
|
may provide for the establishment of a reserve officer corps |
|
consisting of retired or previously commissioned officers of the |
|
department who retired or resigned in good standing. |
|
(b) The commission shall establish qualifications and |
|
standards of training for members of the reserve officer corps. |
|
(c) The commission may limit the size of the reserve officer |
|
corps. |
|
(d) The director shall appoint the members of the reserve |
|
officer corps. Members serve at the director's discretion. |
|
(e) The director may call the reserve officer corps into |
|
service at any time the director considers it necessary to have |
|
additional officers to assist the department in conducting |
|
background investigations, sex offender compliance checks, and |
|
other duties as determined necessary by the director. |
|
Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL |
|
BORDER CHECKPOINTS. (a) To prevent the unlawful transfer of |
|
contraband from this state to the United Mexican States and other |
|
unlawful activity, the department shall implement a strategy for |
|
providing to federal authorities and to local law enforcement |
|
authorities working with those federal authorities at |
|
international border checkpoints assistance in the interdiction of |
|
weapons, bulk currency, stolen vehicles, and other contraband, and |
|
of fugitives, being smuggled into the United Mexican States. |
|
(b) The department may share with the federal government the |
|
cost of staffing any international border checkpoints for the |
|
purposes described by this section. |
|
(c) The director and applicable local law enforcement |
|
authorities shall adopt procedures as necessary to administer this |
|
section. |
|
SECTION 10. Subchapter D, Chapter 411, Government Code, is |
|
amended by adding Section 411.054 to read as follows: |
|
Sec. 411.054. INCIDENT-BASED CRIME STATISTICS REPORTING |
|
GOAL. (a) The department shall establish a goal that, not later |
|
than September 1, 2019, all local law enforcement agencies: |
|
(1) will have implemented an incident-based reporting |
|
system that meets the reporting requirements of the National |
|
Incident-Based Reporting System of the Uniform Crime Reporting |
|
Program of the Federal Bureau of Investigation; and |
|
(2) will use the system described by Subdivision (1) |
|
to submit to the department information and statistics concerning |
|
criminal offenses committed in the jurisdiction of the local law |
|
enforcement agency. |
|
(b) Not later than January 1, 2017, the department shall |
|
submit a report to the legislature that identifies the number of |
|
local law enforcement agencies that have implemented the system |
|
described by Subsection (a). |
|
SECTION 11. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0141 to read as follows: |
|
Sec. 411.0141. MULTIUSE TRAINING FACILITY. (a) The Texas |
|
Facilities Commission shall construct a multiuse training facility |
|
to be used by the department, the Texas military forces, county and |
|
municipal law enforcement agencies, and any other military or law |
|
enforcement agency, including agencies of the federal government, |
|
for training purposes. |
|
(b) The Texas Facilities Commission, with the assistance of |
|
the department, shall locate and acquire real property for the |
|
purpose of constructing the training facility. The governing body |
|
of a county or municipality, on behalf of the county or |
|
municipality, may donate real property to the department for the |
|
training facility.The donation may be in fee simple or otherwise. |
|
(c) The department shall, with the assistance of the Texas |
|
Facilities Commission, design the training facility. |
|
(d) On completion of the construction of the training |
|
facility, the Texas Facilities Commission shall transfer ownership |
|
of the training facility, including the real property and |
|
buildings, to the department. |
|
(e) The department shall manage the training facility and |
|
may adopt rules necessary to implement this section. The |
|
department shall make the training facility available for use by |
|
the department, the Texas military forces, county and municipal law |
|
enforcement agencies, and any other military or law enforcement |
|
agency, including agencies of the federal government. The |
|
department may set and collect fees for the use of the training |
|
facility. |
|
SECTION 12. Section 772.007, Government Code, is reenacted |
|
to read as follows: |
|
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The |
|
criminal justice division established under Section 772.006 shall |
|
administer a competitive grant program to support regional, |
|
multidisciplinary approaches to combat gang violence through the |
|
coordination of gang prevention, intervention, and suppression |
|
activities. |
|
(b) The grant program administered under this section must |
|
be directed toward regions of this state that have demonstrably |
|
high levels of gang violence. |
|
(c) The criminal justice division shall award grants to |
|
qualified applicants, as determined by the division, that |
|
demonstrate a comprehensive approach that balances gang |
|
prevention, intervention, and suppression activities to reduce |
|
gang violence. |
|
(d) The criminal justice division shall include in the |
|
biennial report required by Section 772.006(a)(9) detailed |
|
reporting of the results and performance of the grant program |
|
administered under this section. |
|
(e) The criminal justice division may use any revenue |
|
available for purposes of this section. |
|
SECTION 13. Chapter 362, Local Government Code, is amended |
|
by adding Section 362.005 to read as follows: |
|
Sec. 362.005. TEXAS TRANSNATIONAL INTELLIGENCE CENTER. |
|
(a) The sheriff's department of a county with a population of at |
|
least 700,000 but not more than 800,000 that borders the |
|
Texas-Mexico border and the police department of the municipality |
|
having the largest population in that county shall jointly |
|
establish and operate the Texas Transnational Intelligence Center |
|
as a central repository of real-time intelligence relating to: |
|
(1) autopsies in which the person's death is likely |
|
connected to transnational criminal activity; |
|
(2) criminal activity in the counties along the |
|
Texas-Mexico border and certain other counties; and |
|
(3) other transnational criminal activity in the |
|
state. |
|
(b) The Texas Department of Public Safety shall assist the |
|
county sheriff's department and the municipal police department in |
|
the establishment and operation of the center. |
|
(c) Each law enforcement agency in a county located along |
|
the Texas-Mexico border or in a county that contains a federal |
|
checkpoint shall report to the Texas Transnational Intelligence |
|
Center intelligence regarding criminal activity in the law |
|
enforcement agency's jurisdiction, including details on |
|
kidnappings, home invasions, and incidents of impersonation of law |
|
enforcement officers. The Texas Alcoholic Beverage Commission and |
|
Parks and Wildlife Department shall report to the center |
|
intelligence regarding transnational criminal activity in the |
|
agency's jurisdiction. |
|
(d) The intelligence in the Texas Transnational |
|
Intelligence Center shall be made available to each law enforcement |
|
agency in the state and the Texas Alcoholic Beverage Commission and |
|
Parks and Wildlife Department. |
|
(e) The Texas Transnational Intelligence Center shall |
|
comply with Section 421.085, Government Code, and the rules |
|
relating to that section. |
|
SECTION 14. Section 20.05, Penal Code, is amended to read as |
|
follows: |
|
Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an |
|
offense if the person, with the intent to obtain a pecuniary |
|
benefit, knowingly: |
|
(1) [intentionally] uses a motor vehicle, aircraft, |
|
[or] watercraft, or other means of conveyance to transport an |
|
individual with the intent to: |
|
(A) [(1)] conceal the individual from a peace |
|
officer or special investigator; or |
|
(B) [(2)] flee from a person the actor knows is a |
|
peace officer or special investigator attempting to lawfully arrest |
|
or detain the actor; or |
|
(2) encourages or induces a person to enter or remain |
|
in this country in violation of federal law by concealing, |
|
harboring, or shielding that person from detection. |
|
(b) An [Except as provided by Subsection (c), an] offense |
|
under this section is [a state jail felony.
|
|
[(c) An offense under this section is] a felony of the third |
|
degree, except that [if the actor commits] the offense is: |
|
(1) a felony of the second degree if: |
|
(A) the actor commits the offense [for pecuniary
|
|
benefit; or
|
|
[(2)] in a manner that creates a substantial |
|
likelihood that the smuggled [transported] individual will suffer |
|
serious bodily injury or death; or |
|
(B) the smuggled individual is a child younger |
|
than 18 years of age at the time of the offense; or |
|
(2) a felony of the first degree 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. |
|
(c) [(d)] It is an affirmative defense to prosecution of an |
|
offense under this section, other than an offense punishable under |
|
Subsection (b)(1)(A) or (b)(2), that the actor is related to the |
|
smuggled [transported] individual within the second degree of |
|
consanguinity or, at the time of the offense, within the second |
|
degree of affinity. |
|
(d) [(e)] If conduct constituting an offense under this |
|
section also constitutes an offense under another section of this |
|
code, the actor may be prosecuted under either section or under both |
|
sections. |
|
SECTION 15. Chapter 20, Penal Code, is amended by adding |
|
Section 20.06 to read as follows: |
|
Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person |
|
commits an offense if, during a period that is 10 or more days in |
|
duration, the person engages two or more times in conduct that |
|
constitutes an offense under Section 20.05. |
|
(b) If a jury is the trier of fact, members of the jury are |
|
not required to agree unanimously on which specific conduct engaged |
|
in by the defendant constituted an offense under Section 20.05 or on |
|
which exact date the defendant engaged in that conduct. The jury |
|
must agree unanimously that the defendant, during a period that is |
|
10 or more days in duration, engaged two or more times in conduct |
|
that constitutes an offense under Section 20.05. |
|
(c) If the victim of an offense under Subsection (a) is the |
|
same victim as a victim of an offense under Section 20.05, a |
|
defendant may not be convicted of the offense under Section 20.05 in |
|
the same criminal action as the offense under Subsection (a), |
|
unless the offense under Section 20.05: |
|
(1) is charged in the alternative; |
|
(2) occurred outside the period in which the offense |
|
alleged under Subsection (a) was committed; or |
|
(3) is considered by the trier of fact to be a lesser |
|
included offense of the offense alleged under Subsection (a). |
|
(d) A defendant may not be charged with more than one count |
|
under Subsection (a) if all of the conduct that constitutes an |
|
offense under Section 20.05 is alleged to have been committed |
|
against the same victim. |
|
(e) Except as provided by Subsections (f) and (g), an |
|
offense under this section is a felony of the second degree. |
|
(f) An offense under this section is a felony of the first |
|
degree if: |
|
(1) the conduct constituting an offense under Section |
|
20.05 is conducted in a manner that creates a substantial |
|
likelihood that the smuggled individual will suffer serious bodily |
|
injury or death; or |
|
(2) the smuggled individual is a child younger than 18 |
|
years of age at the time of the offense. |
|
(g) An offense under this section is a felony of the first |
|
degree, punishable by imprisonment in the Texas Department of |
|
Criminal Justice for life or for any term of not more than 99 years |
|
or less than 25 years, if: |
|
(1) 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 |
|
(2) the smuggled individual suffered serious bodily |
|
injury or death. |
|
SECTION 16. Sections 71.02(a) and (b), Penal Code, are |
|
amended to read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, continuous sexual abuse of young child or children, |
|
solicitation of a minor, forgery, deadly conduct, assault |
|
punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
|
unauthorized use of a motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5)unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(5-a) causing the unlawful delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug in |
|
violation of Subtitle B, Title 3, Occupations Code; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34, 35, or 35A; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; |
|
(13) any offense under Section 37.10; |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11; |
|
(15) any offense under Section 42.10; |
|
(16) any offense under Section 46.06(a)(1) or 46.14; |
|
(17) any offense under Section 20.05 or 20.06; or |
|
(18) any offense classified as a felony under the Tax |
|
Code. |
|
(b) Except as provided in Subsections (c) and (d), an |
|
offense under this section is one category higher than the most |
|
serious offense listed in Subsection (a) that was committed, and if |
|
the most serious offense is a Class A misdemeanor, the offense is a |
|
state jail felony, except that the offense is a felony of the first |
|
degree punishable by imprisonment in the Texas Department of |
|
Criminal Justice for: |
|
(1) life without parole, if the most serious offense |
|
is an aggravated sexual assault and if at the time of that offense |
|
the defendant is 18 years of age or older and: |
|
(A) the victim of the offense is younger than six |
|
years of age; |
|
(B) the victim of the offense is younger than 14 |
|
years of age and the actor commits the offense in a manner described |
|
by Section 22.021(a)(2)(A); or |
|
(C) the victim of the offense is younger than 17 |
|
years of age and suffered serious bodily injury as a result of the |
|
offense; [or] |
|
(2) life or for any term of not more than 99 years or |
|
less than 30 years if the most serious offense is an offense under |
|
Section 20.06 that is punishable under Subsection (g) of that |
|
section; or |
|
(3) life or for any term of not more than 99 years or |
|
less than 15 years if the most serious offense is an offense |
|
punishable as a felony of the first degree, other than an offense |
|
described by Subdivision (1) or (2). |
|
SECTION 17. (a) The lieutenant governor and the speaker of |
|
the house of representatives shall create a joint interim committee |
|
to study border security. |
|
(b) The committee shall be composed of 10 members as |
|
follows: |
|
(1) five members of the senate appointed by the |
|
lieutenant governor; and |
|
(2) five members of the house of representatives |
|
appointed by the speaker of the house of representatives. |
|
(c) The lieutenant governor and speaker of the house of |
|
representatives shall each designate a co-chair from among the |
|
committee members. |
|
(d) The committee shall submit a full report, including |
|
findings and recommendations, to the 85th Legislature before it |
|
convenes in regular session in January of 2017. |
|
(e) The lieutenant governor and the speaker of the house of |
|
representatives shall appoint the members of the committee created |
|
under this section as soon as possible after the effective date of |
|
this Act. |
|
SECTION 18. The change in law made by this Act to Section 4, |
|
Article 18.20, Code of Criminal Procedure, applies only to an |
|
application for an interception order filed on or after the |
|
effective date of this Act. An application for an interception |
|
order filed before the effective date of this Act is governed by the |
|
law in effect on the date the application was filed, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 19. Not later than December 1, 2015, the office of |
|
the attorney general shall establish the transnational and |
|
organized crime division as required by Section 402.038, Government |
|
Code, as added by this Act. |
|
SECTION 20. The changes in law made by this Act to Sections |
|
20.05 and 71.02, Penal Code, apply 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 21. To the extent of any conflict, this Act prevails |
|
over another Act of the 84th Legislature, Regular Session, 2015, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 22. This Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 11 was passed by the House on March |
|
19, 2015, by the following vote: Yeas 130, Nays 11, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 11 on May 28, 2015, by the following vote: Yeas 122, Nays 22, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 11 was passed by the Senate, with |
|
amendments, on May 26, 2015, by the following vote: Yeas 27, Nays |
|
4. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |