| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution and punishment of the smuggling of |
|
|
persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 20.01, Penal Code, is amended by adding |
|
|
Subdivisions (6), (7), and (8) to read as follows: |
|
|
(6) "Agricultural land" has the meaning assigned by |
|
|
Section 75.001, Civil Practice and Remedies Code. |
|
|
(7) "Firearm" has the meaning assigned by Section |
|
|
46.01. |
|
|
(8) "Special investigator" includes an agent of the |
|
|
United States Department of Homeland Security. |
|
|
SECTION 2. Sections 20.05(a) and (b), Penal Code, are |
|
|
amended to read as follows: |
|
|
(a) A person commits an offense if the person [, with the
|
|
|
intent to obtain a pecuniary benefit,] knowingly: |
|
|
(1) uses a motor vehicle, aircraft, watercraft, or |
|
|
other means of conveyance to transport an individual with the |
|
|
intent to: |
|
|
(A) conceal the individual from a peace officer |
|
|
or special investigator; or |
|
|
(B) flee from a person the actor knows is a peace |
|
|
officer or special investigator attempting to lawfully arrest or |
|
|
detain the actor; or |
|
|
(2) assists, guides, or directs three or more |
|
|
individuals to enter or remain on agricultural land without the |
|
|
effective consent of the owner [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 offense under this section is a felony of the third |
|
|
degree, except that the offense is: |
|
|
(1) a felony of the second degree 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; [or] |
|
|
(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; or |
|
|
(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 |
|
|
(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. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2017. |