88R6829 JRR-F     By: Allison H.B. No. 1316       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of certain criminal   offenses involving the smuggling of persons or the operation of a   stash house; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 20.05(a), (b), and (c), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person 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;                (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; or                (3)  assists, guides, or directs two or more   individuals to enter or remain:                      (A)  in this country in violation of federal law;   or                      (B)  on agricultural land without the effective   consent of the owner.          (b)  An offense under this section is a felony of the first   [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;                      [(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;                      [(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                      [(E)  the actor commits the offense under   Subsection (a)(1)(B); 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)  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 individual within the second degree of consanguinity or,   at the time of the offense, within the second degree of affinity.   The affirmative defense provided by this subsection is not   available if:                (1)  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;                (2)  the smuggled individual suffered serious bodily   injury or death; or                (3)  the actor committed the offense in a manner that   created a substantial likelihood that the smuggled individual would   suffer serious bodily injury or death.          SECTION 2.  Sections 20.06(e) and (f), Penal Code, are   amended to read as follows:          (e)  Except as provided by Subsections (f) and (g), an   offense under this section is a felony of the first [second] 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 15 years.          (f)  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 20 years, 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.          SECTION 3.  Section 20.07(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the first   degree [Class A misdemeanor].          SECTION 4.  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 disabled   individual, 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   20.07;                (18)  any offense under Section 16.02; or                (19)  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;                (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 25 years if the most serious offense is an offense under:                      (A)  Section 20.05 or 20.07; or                      (B)  Section 20.06, other than an offense that is   punishable under Subsection (g) of that section; or                (4)  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), or (3).          SECTION 5.  The changes in law made by this Act 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 was committed before that   date.          SECTION 6.  This Act takes effect September 1, 2023.