SB659 - Relating to the prosecution and punishment of the offense of smuggling of persons.

      By: Schwertner S.B. No. 659     (Hefner)           A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of the offense of   smuggling of persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 20.05(a) and (b), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person knowingly:                (1)  uses or assists, solicits, encourages, directs,   aids, or attempts to aid another in the use of 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 or aid the person using the motor   vehicle, aircraft, watercraft, or other means of conveyance in   fleeing  from a person the actor knows is a peace officer or special   investigator attempting to lawfully arrest or detain the actor or   person the actor assisted, solicited, encouraged, directed, aided,   or attempted to aid in using the motor vehicle, aircraft,   watercraft, or other means of conveyance ;                (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 an individual [ two or   more individuals ] to enter or remain on public or private property   [ agricultural land ] without the effective consent of the owner ; or                 (4)     takes an individual to or forces an individual to   remain on public or private property without the individual's   effective consent .          (b)  Subject to Subsections (b-1) and (b-2), 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 ; or                       (C)     the actor used government resources to   facilitate the commission of the offense .          SECTION 2.  The change in law made by this Act applies 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 occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.