89R3284 JRR-F     By: Spiller H.B. No. 674       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of certain criminal   offenses committed in the course of or for the purpose of avoiding   certain law enforcement checkpoints or evading an arrest or   detention; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 3.03(d)(1), Penal Code, is amended to   read as follows:          (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)(1), 28.10(1) [22.01(b-4), 28.10], 30.02(c-2),   30.04(d)(3)(B)(i), 30.05(d)(4)(A) [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).          SECTION 2.  Section 20.05, Penal Code, is amended by adding   Subsection (b-3) to read as follows:          (b-3)  For purposes of Subsection (a)(1)(A), the actor is   presumed to have acted knowingly and with the intent to conceal the   individual being transported from a peace officer or special   investigator if in the course of committing the offense the actor   intentionally avoided a federal or state law enforcement   checkpoint.          SECTION 3.  Section 22.01(b-4), Penal Code, is amended 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:                (1)  committed the offense in the course of committing   an offense under Section 20.05(a)(2); or                (2)  committed the offense in the course of or for the   purpose of intentionally avoiding a federal or state law   enforcement checkpoint.          SECTION 4.  Section 28.10, Penal Code, is amended 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:                (1)  committed the offense in the course of committing   an offense under Section 20.05(a)(2); or                (2)  committed the offense in the course of or for the   purpose of:                      (A)  intentionally avoiding a federal or state law   enforcement checkpoint; or                      (B)  engaging in conduct constituting an offense   under Section 38.04.          SECTION 5.  Section 30.02, Penal Code, is amended by   amending Subsection (c) and adding Subsection (c-3) to read as   follows:          (c)  Except as provided in Subsection (c-1), (c-2), (c-3), 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-3)  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 or for the purpose of   intentionally avoiding a federal or state law enforcement   checkpoint.          SECTION 6.  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   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:                            (i)  committed the offense in the course of   committing an offense under Section 20.05(a)(2); or                            (ii)  committed the offense in the course of   or for the purpose of intentionally avoiding a federal or state law   enforcement checkpoint.          SECTION 7.  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), (3), and (4);                (2)  a Class C misdemeanor, except as provided by   Subdivisions (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;                (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:                      (A)  committed the offense in the course of   committing an offense under Section 20.05(a)(2); or                      (B)  committed the offense in the course of or for   the purpose of intentionally avoiding a federal or state law   enforcement checkpoint.          SECTION 8.  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 9.  This Act takes effect July 1, 2025, if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for effect on that   date, this Act takes effect September 1, 2025.