88R7340 JRR-D     By: Lozano H.B. No. 1611       A BILL TO BE ENTITLED   AN ACT   relating to increasing the minimum term of imprisonment for certain   criminal offenses involving the smuggling of persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 20.05(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:                (1)  a felony of the second degree with a minimum term   of imprisonment of five 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 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.          SECTION 2.  Section 20.06(e), Penal Code, is 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 five years.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.