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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the smuggling of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20.01, Penal Code, is amended by adding |
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Subdivisions (6), (7), and (8) to read as follows: |
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(6) "Agricultural land" has the meaning assigned by |
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Section 75.001, Civil Practice and Remedies Code. |
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(7) "Firearm" has the meaning assigned by Section |
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46.01. |
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(8) "Special investigator" includes an agent of the |
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United States Department of Homeland Security. |
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SECTION 2. Sections 20.05(a) 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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(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 from a peace |
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officer or special investigator; 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; or |
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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. |
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(c) An offense under this section is a felony of the third |
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degree if: |
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(1) 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 creates a substantial |
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likelihood that the transported individual will suffer serious |
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bodily injury 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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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. |