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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 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) and (b), 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 knowingly: |
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(1) uses or assists, solicits, encourages, directs, |
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aids, or attempts to aid another in the use of a motor vehicle, |
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aircraft, watercraft, or other means of conveyance to transport an |
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individual with the intent to: |
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(A) conceal the individual from a peace officer |
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or special investigator; or |
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(B) flee or aid the person using the motor |
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vehicle, aircraft, watercraft, or other means of conveyance in |
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fleeing from a person the actor knows is a peace officer or special |
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investigator attempting to lawfully arrest or detain the actor or |
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person the actor assisted, solicited, encouraged, directed, aided, |
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or attempted to aid in using the motor vehicle, aircraft, |
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watercraft, or other means of conveyance; |
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(2) encourages or induces a person to enter or remain |
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in this country in violation of federal law by concealing, |
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harboring, or shielding that person from detection; [or] |
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(3) assists, guides, or directs an individual [two or |
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more individuals] to enter or remain on public or private property |
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[agricultural land] without the effective consent of the owner; or |
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(4) takes an individual to or forces an individual to |
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remain on public or private property without the individual's |
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effective consent. |
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(b) Subject to Subsections (b-1) and (b-2), an offense under |
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this section is a felony of the third degree with a term of |
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imprisonment of 10 years, except that the offense is: |
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(1) a felony of the second degree with a minimum term |
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of imprisonment of 10 years if: |
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(A) the actor commits the offense in a manner |
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that creates a substantial likelihood that the smuggled individual |
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will suffer serious bodily injury or death; |
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(B) the smuggled individual is a child younger |
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than 18 years of age at the time of the offense; |
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(C) the offense was committed with the intent to |
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obtain a pecuniary benefit; |
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(D) during the commission of the offense the |
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actor, another party to the offense, or an individual assisted, |
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guided, or directed by the actor knowingly possessed a firearm; or |
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(E) the actor commits the offense under |
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Subsection (a)(1)(B); or |
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(2) a felony of the first degree with a minimum term of |
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imprisonment of 10 years if: |
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(A) it is shown on the trial of the offense that, |
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as a direct result of the commission of the offense, the smuggled |
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individual became a victim of sexual assault, as defined by Section |
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22.011, or aggravated sexual assault, as defined by Section 22.021; |
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[or] |
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(B) the smuggled individual suffered serious |
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bodily injury or death; or |
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(C) the actor used government resources to |
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facilitate the commission of the offense. |
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SECTION 2. 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 3. This Act takes effect September 1, 2025. |
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