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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and increasing the punishment for |
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the offense of unlawful smuggling or concealment of persons; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 20, Penal Code, is amended |
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to read as follows: |
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CHAPTER 20. KIDNAPPING AND[,] UNLAWFUL RESTRAINT, [AND] |
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SMUGGLING, OR CONCEALMENT OF PERSONS |
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SECTION 2. The heading to Section 20.05, Penal Code, is |
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amended to read as follows: |
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Sec. 20.05. UNLAWFUL SMUGGLING OR CONCEALMENT OF PERSONS. |
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SECTION 3. Sections 20.05(a), (b), (c), and (d), Penal |
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Code, are amended to read as follows: |
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(a) A person commits an offense if the person intentionally: |
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(1) uses a motor vehicle, aircraft, or watercraft to |
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transport an individual with the intent to: |
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(A) [(1)] conceal the individual or the |
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individual's identity from a peace officer or special investigator; |
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or |
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(B) [(2)] flee from a person the actor knows is a |
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peace officer or special investigator attempting to lawfully arrest |
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or detain the actor; |
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(2) assists, guides, or directs three or more |
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individuals to enter or remain on agricultural land without the |
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effective consent of the owner; or |
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(3) while violating state or federal law, conceals an |
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individual in a structure or in a motor vehicle, aircraft, or |
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watercraft or conceals that individual's identity from a peace |
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officer or special investigator. |
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(b) An [Except as provided by Subsection (c), an] offense |
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under this section is a [state jail] felony of the second degree. |
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(c) The minimum term of imprisonment for an [An] offense |
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under this section is 10 years if it is shown on the trial of the |
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offense that: |
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(1) the actor committed [is a felony of the third
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degree if the actor commits] the offense: |
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(A) [(1)] for pecuniary benefit; or |
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(B) [(2)] in a manner that created [creates] a |
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substantial likelihood that the smuggled or concealed |
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[transported] individual would [will] suffer serious bodily injury |
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or death; or |
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(2) during the commission of the offense the actor, |
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another party to the offense, or an individual assisted, guided, or |
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directed by the actor knowingly possessed a firearm. |
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(d) It is an affirmative defense to prosecution under this |
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section that the actor is related to the smuggled or concealed |
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[transported] individual within the second degree of consanguinity |
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or, at the time of the offense, within the second degree of |
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affinity. |
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SECTION 4. 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 5. This Act takes effect September 1, 2015. |