88S10078 JRR-D     By: Flores S.B. No. 5       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for certain criminal conduct 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.  If H.B. No. 165, Acts of the 88th Legislature,   Regular Session, 2023, becomes law, Section 3.03, Penal Code, as   effective September 1, 2023, is amended by amending Subsection (a)   and adding Subsections (d) and (e) to read as follows:          (a)  When the accused is found guilty of more than one   offense arising out of the same criminal episode prosecuted in a   single criminal action, a sentence for each offense for which the   accused has been found guilty shall be pronounced. Except as   otherwise provided by this section [Subsections (b) and (c)], the   sentences shall run concurrently.          (d)(1)  This subsection applies only to a single criminal   action in which the accused is found guilty of:                      (A)  an offense under Section 20.05(a)(2) or an   offense under Section 20.06 involving conduct constituting an   offense under Section 20.05(a)(2); and                      (B)  an offense punishable under Section   22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or   38.04(b-1) that arises out of the same criminal episode as the   offense described by Paragraph (A).                (2)  The sentence for an offense described by   Subdivision (1)(A) may run consecutively with each sentence for an   offense described by Subdivision (1)(B).                (3)  If the accused is found guilty of more than one   offense described by Subdivision (1)(A), the sentences for those   offenses must run concurrently with each other.          (e)  Except as otherwise provided by this subsection, if in a   single criminal action the accused is found guilty of more than one   offense arising out of the same criminal episode, the sentences may   run consecutively if each sentence is for a conviction of an offense   for which a plea agreement was reached in a case in which the   accused was charged with an offense described by Subsection   (d)(1)(A) and an offense described by Subsection (d)(1)(B).  If the   accused is found guilty of more than one offense described by   Subsection (d)(1)(A), the sentences for those offenses must run   concurrently with each other.          SECTION 2.  If H.B. No. 165, Acts of the 88th Legislature,   Regular Session, 2023, does not become law, Section 3.03, Penal   Code, is amended by amending Subsection (a) and adding Subsections   (c) and (d) to read as follows:          (a)  When the accused is found guilty of more than one   offense arising out of the same criminal episode prosecuted in a   single criminal action, a sentence for each offense for which the   accused [he] has been found guilty shall be pronounced.  Except as   otherwise provided by this section [Subsection (b)], the sentences   shall run concurrently.          (c)(1)  This subsection applies only to a single criminal   action in which the accused is found guilty of:                      (A)  an offense under Section 20.05(a)(2) or an   offense under Section 20.06 involving conduct constituting an   offense under Section 20.05(a)(2); and                      (B)  an offense punishable under Section   22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or   38.04(b-1) that arises out of the same criminal episode as the   offense described by Paragraph (A).                (2)  The sentence for an offense described by   Subdivision (1)(A) may run consecutively with each sentence for an   offense described by Subdivision (1)(B).                (3)  If the accused is found guilty of more than one   offense described by Subdivision (1)(A), the sentences for those   offenses must run concurrently with each other.          (d)  Except as otherwise provided by this subsection, if in a   single criminal action the accused is found guilty of more than one   offense arising out of the same criminal episode, the sentences may   run consecutively if each sentence is for a conviction of an offense   for which a plea agreement was reached in a case in which the   accused was charged with an offense described by Subsection   (c)(1)(A) and an offense described by Subsection (c)(1)(B).  If the   accused is found guilty of more than one offense described by   Subsection (c)(1)(A), the sentences for those offenses must run   concurrently with each other.          SECTION 3.  Section 12.50, Penal Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (d) to   read as follows:          (a)  Subject to Subsections [Subsection] (c) and (d), the   punishment for an offense described by Subsection (b) is increased   to the punishment prescribed for the next higher category of   offense if it is shown on the trial of the offense that the offense   was committed in an area that was, at the time of the offense:                (1)  subject to a declaration of a state of disaster   made by:                      (A)  the president of the United States under the   Robert T. Stafford Disaster Relief and Emergency Assistance Act (42   U.S.C. Section 5121 et seq.);                      (B)  the governor under Section 418.014,   Government Code; or                      (C)  the presiding officer of the governing body   of a political subdivision under Section 418.108, Government Code;   or                (2)  subject to an emergency evacuation order.          (b)  The increase in punishment authorized by this section   applies only to an offense under:                (1)  Section 20.05;                (2)  Section 20.06;                (3)  Section 20.07;                (4)  Section 22.01;                (5) [(2)]  Section 28.02;                (6) [(3)]  Section 29.02;                (7) [(4)]  Section 30.02;                (8) [(5)]  Section 30.03;                (9) [(6)]  Section 30.04;                (10) [(7)]  Section 30.05; and                (11) [(8)]  Section 31.03.          (c)  If an offense listed under Subsection (b) [(b)(1), (5),   (6), (7), or (8)] is punishable as a Class A misdemeanor, the   minimum term of confinement for the offense is increased to 180   days. Except as provided by Subsection (d), if [If] an offense   listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a   felony of the first degree, the punishment for that offense may not   be increased under this section.          (d)  Except as otherwise provided by this subsection, the   minimum term of imprisonment for an offense listed under Subsection   (b)(1), (2), or (3) for which punishment is increased under this   section is 10 years. If an offense listed under Subsection (b)(1)   or (2) is punishable as a felony of the first degree, the minimum   term of imprisonment is increased to 15 years unless another   provision of law applicable to the offense provides for a minimum   term of imprisonment of 15 years or more.          SECTION 4.  Section 20.05, Penal Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  Subject to Subsection (b-1), an [An] offense under this   section is a felony of the third degree with a term of imprisonment   of 10 years, except that the offense is:                (1)  a felony of the second degree with a minimum term   of imprisonment of 10 years 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 with a minimum term of   imprisonment of 10 years 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.          (b-1)  If at the punishment stage of the trial or at the time   of entering a plea agreement for an offense under this section   punishable as a felony of the third degree, the attorney   representing the state in the prosecution of the offense certifies   to the court in writing that the actor has provided significant   cooperation to the state or law enforcement, and describes the   manner of cooperation, the minimum term of imprisonment is five   years. The certification is confidential and shall be sealed by the   court, except that the certification may be accessed by the office   of the attorney representing the state, the attorney representing   the defendant, and the court. For purposes of this subsection,   "significant cooperation" includes:                (1)  testifying in a trial on behalf of the state   against other parties to the offense;                (2)  providing relevant information regarding the case   and other parties to the offense;                (3)  providing information that furthers the   investigation of the charged offense and any other parties   involved; or                (4)  providing information that aids law enforcement.          SECTION 5.  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 second degree with a   minimum term of imprisonment of 10 years.          (f)  An offense under this section is a felony of the first   degree with a minimum term of imprisonment of 10 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 6.  Section 20.07(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the third   degree with a minimum term of imprisonment of five years, except   that the offense is a felony of the second degree with a minimum   term of imprisonment of five years if:                (1)  the offense is committed under Subsection (a)(1)   and the property that is the subject of the offense is used to   commit or facilitate the commission of an offense under Section   20.06, 20A.03, or 43.05; or                (2)  it is shown on the trial of the offense that as a   direct result of the commission of the offense:                      (A)  an 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)  an individual suffered serious bodily injury   or death [Class A misdemeanor].          SECTION 7.  Section 22.01, Penal Code, is amended by adding   Subsection (b-4) to read as follows:          (b-4)  Notwithstanding Subsection (b), an offense under   Subsection (a)(1) is a felony of the third degree if it is shown on   the trial of the offense that the actor committed the offense in the   course of committing an offense under Section 20.05(a)(2).          SECTION 8.  Chapter 28, Penal Code, is amended by adding   Section 28.10 to read as follows:          Sec. 28.10.  ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR   STATE JAIL FELONIES. The punishment for an offense under this   chapter that is punishable as a misdemeanor or a state jail felony   is increased to the punishment for a felony of the third degree if   it is shown on the trial of the offense that the actor committed the   offense in the course of committing an offense under Section   20.05(a)(2).          SECTION 9.  Section 30.02, Penal Code, is amended by   amending Subsection (c) and adding Subsection (c-2) to read as   follows:          (c)  Except as provided in Subsection (c-1), (c-2), or (d),   an offense under this section is a:                (1)  state jail felony if committed in a building other   than a habitation; or                (2)  felony of the second degree if committed in a   habitation.          (c-2)  An offense under this section is a felony of the third   degree if:                (1)  the premises are a building other than a   habitation; and                (2)  it is shown on the trial of the offense that the   actor committed the offense in the course of committing an offense   under Section 20.05(a)(2).          SECTION 10.  Section 30.04(d), Penal Code, is amended to   read as follows:          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  the offense is a Class A misdemeanor with a minimum   term of confinement of six months if it is shown on the trial of the   offense that the defendant has been previously convicted of an   offense under this section;                (2)  the offense is a state jail felony if:                      (A)  it is shown on the trial of the offense that   the defendant has been previously convicted two or more times of an   offense under this section; or                      (B)  the vehicle or part of the vehicle broken   into or entered is a rail car; and                (3)  the offense is a felony of the third degree if:                      (A)  the vehicle broken into or entered is owned   or operated by a wholesale distributor of prescription drugs[;] and                      [(B)]  the actor breaks into or enters that   vehicle with the intent to commit theft of a controlled substance;   or                      (B)  it is shown on the trial of the offense that   the actor committed the offense in the course of committing an   offense under Section 20.05(a)(2).          SECTION 11.  Section 30.05(d), Penal Code, is amended to   read as follows:          (d)  Subject to Subsection (d-3), an offense under this   section is:                (1)  a Class B misdemeanor, except as provided by   Subdivisions (2), [and] (3), and (4);                (2)  a Class C misdemeanor, except as provided by   Subdivisions [Subdivision] (3) and (4), if the offense is   committed:                      (A)  on agricultural land and within 100 feet of   the boundary of the land; or                      (B)  on residential land and within 100 feet of a   protected freshwater area; [and]                (3)  a Class A misdemeanor, except as provided by   Subdivision (4), if:                      (A)  the offense is committed:                            (i)  in a habitation or a shelter center;                            (ii)  on a Superfund site; or                            (iii)  on or in a critical infrastructure   facility;                      (B)  the offense is committed on or in property of   an institution of higher education and it is shown on the trial of   the offense that the person has previously been convicted of:                            (i)  an offense under this section relating   to entering or remaining on or in property of an institution of   higher education; or                            (ii)  an offense under Section 51.204(b)(1),   Education Code, relating to trespassing on the grounds of an   institution of higher education;                      (C)  the person carries a deadly weapon during the   commission of the offense; or                      (D)  the offense is committed on the property of   or within a general residential operation operating as a   residential treatment center; and                (4)  a felony of the third degree if it is shown on the   trial of the offense that the defendant committed the offense in the   course of committing an offense under Section 20.05(a)(2).          SECTION 12.  Section 38.04, Penal Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  Notwithstanding Subsection (b), an offense under this   section is a felony of the third degree if it is shown on the trial   of the offense that the actor committed the offense in the course of   committing an offense under Section 20.05(a)(2).          SECTION 13.  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 14.  This Act takes effect October 1, 2023.