| |
| |
| |
|
|
AN ACT
|
|
|
relating to the prosecution and punishment of unlawful transport of |
|
|
a person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Chapter 20, Penal Code, is amended |
|
|
to read as follows: |
|
|
CHAPTER 20. KIDNAPPING, [AND] UNLAWFUL RESTRAINT, AND |
|
|
SMUGGLING OF PERSONS |
|
|
SECTION 2. Section 20.05, Penal Code, is amended to read as |
|
|
follows: |
|
|
Sec. 20.05. SMUGGLING OF PERSONS [UNLAWFUL TRANSPORT]. |
|
|
(a) A person commits an offense if the person intentionally uses a |
|
|
motor vehicle, aircraft, or watercraft to transport an individual |
|
|
with the intent to: |
|
|
(1) conceal the individual from a peace officer or |
|
|
special investigator; or |
|
|
(2) flee from a person the actor knows is a peace |
|
|
officer or special investigator attempting to lawfully arrest or |
|
|
detain the actor [for pecuniary benefit transports an individual in
|
|
|
a manner that:
|
|
|
[(1)
is designed to conceal the individual from local,
|
|
|
state, or federal law enforcement authorities; and
|
|
|
[(2)
creates a substantial likelihood that the
|
|
|
individual will suffer serious bodily injury or death]. |
|
|
(b) Except as provided by Subsection (c), an [An] offense |
|
|
under this section is a state jail felony. |
|
|
(c) An offense under this section is a felony of the third |
|
|
degree if the actor commits the offense: |
|
|
(1) for pecuniary benefit; or |
|
|
(2) in a manner that creates a substantial likelihood |
|
|
that the transported individual will suffer serious bodily injury |
|
|
or death. |
|
|
(d) It is an affirmative defense to prosecution under this |
|
|
section that the actor is related to the transported individual |
|
|
within the second degree of consanguinity or, at the time of the |
|
|
offense, within the second degree of affinity. |
|
|
(e) If conduct constituting an offense under this section |
|
|
also constitutes an offense under another section of this code, the |
|
|
actor may be prosecuted under either section or under both |
|
|
sections. |
|
|
SECTION 3. Section 71.02(a), Penal Code, as amended by |
|
|
Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 (S.B. 554), |
|
|
Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
|
|
and 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, 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; |
|
|
(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 or 35; |
|
|
(11) any offense under Section 37.11(a); |
|
|
(12) any offense under Chapter 20A; |
|
|
(13) any offense under Section 37.10; [or] |
|
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
|
38.11; |
|
|
(15) [(14)] any offense under Section 42.10; |
|
|
(16) [(14)] any offense under Section 46.06(a)(1) or |
|
|
46.14; or |
|
|
(17) any offense under Section 20.05. |
|
|
SECTION 4. Article 13.12, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 13.12. FALSE IMPRISONMENT, [AND] KIDNAPPING, AND |
|
|
SMUGGLING OF PERSONS. Venue for false imprisonment, [and] |
|
|
kidnapping, and smuggling of persons is in either the county in |
|
|
which the offense was committed, or in any county through, into, or |
|
|
out of which the person falsely imprisoned, [or] kidnapped, or |
|
|
transported may have been taken. |
|
|
SECTION 5. Article 59.01(2), Code of Criminal Procedure, as |
|
|
amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 |
|
|
(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is |
|
|
reenacted and amended to read as follows: |
|
|
(2) "Contraband" means property of any nature, |
|
|
including real, personal, tangible, or intangible, that is: |
|
|
(A) used in the commission of: |
|
|
(i) any first or second degree felony under |
|
|
the Penal Code; |
|
|
(ii) any felony under Section 15.031(b), |
|
|
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
|
|
31, 32, 33, 33A, or 35, Penal Code; |
|
|
(iii) any felony under The Securities Act |
|
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
|
(iv) any offense under Chapter 49, Penal |
|
|
Code, that is punishable as a felony of the third degree or state |
|
|
jail felony, if the defendant has been previously convicted three |
|
|
times of an offense under that chapter; |
|
|
(B) used or intended to be used in the commission |
|
|
of: |
|
|
(i) any felony under Chapter 481, Health |
|
|
and Safety Code (Texas Controlled Substances Act); |
|
|
(ii) any felony under Chapter 483, Health |
|
|
and Safety Code; |
|
|
(iii) a felony under Chapter 153, Finance |
|
|
Code; |
|
|
(iv) any felony under Chapter 34, Penal |
|
|
Code; |
|
|
(v) a Class A misdemeanor under Subchapter |
|
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
|
previously convicted twice of an offense under that subchapter; |
|
|
(vi) any felony under Chapter 152, Finance |
|
|
Code; |
|
|
(vii) any felony under Chapter 32, Human |
|
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves the state Medicaid program; |
|
|
(viii) a Class B misdemeanor under Chapter |
|
|
522, Business & Commerce Code; |
|
|
(ix) a Class A misdemeanor under Section |
|
|
306.051, Business & Commerce Code; [or] |
|
|
(x) any offense under Section 42.10, Penal |
|
|
Code; |
|
|
(xi) [(x)] any offense under Section |
|
|
46.06(a)(1) or 46.14, Penal Code; |
|
|
(xii) [(x)] any offense under Chapter 71, |
|
|
Penal Code; or |
|
|
(xiii) any offense under Section 20.05, |
|
|
Penal Code; |
|
|
(C) the proceeds gained from the commission of a |
|
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
|
misdemeanor listed in Paragraph (B)(viii), [or] (x), (xi), or (xii) |
|
|
of this subdivision, or a crime of violence; |
|
|
(D) acquired with proceeds gained from the |
|
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
|
subdivision, a misdemeanor listed in Paragraph (B)(viii), [or] (x), |
|
|
(xi), or (xii) of this subdivision, or a crime of violence; or |
|
|
(E) used to facilitate or intended to be used to |
|
|
facilitate the commission of a felony under Section 15.031 or |
|
|
43.25, Penal Code. |
|
|
SECTION 6. The changes in law made by this Act in amending |
|
|
Sections 20.05 and 71.02, Penal Code, 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 covered by the |
|
|
law in effect when 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 7. The change in law made by this Act in amending |
|
|
Article 59.01(2) |
|
|
, Code of Criminal Procedure, applies only to the |
|
|
forfeiture of property in relation to an offense committed on or |
|
|
after the effective date of this Act. Forfeiture of property in |
|
|
relation to an offense committed before the effective date of this |
|
|
Act is governed by the law in effect when 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 8. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 82nd Legislature, Regular Session, 2011, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 9. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 260 was passed by the House on April |
|
|
21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 260 on May 23, 2011, by the following vote: Yeas 143, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 260 was passed by the Senate, with |
|
|
amendments, on May 19, 2011, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |