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  S.B. No. 4
 
 
 
 
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.  Section 3.03, Penal Code, 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.  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 3.  Section 20.05, Penal Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (b-2) to
  read as follows:
         (b)  Subject to Subsections (b-1) and (b-2), 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.
         (b-2)  At the punishment stage of a trial of an offense under
  this section, other than an offense punishable under Subsection
  (b)(1)(A), (C), (D), or (E) or (b)(2), the actor may raise the issue
  as to whether the actor is related to the smuggled individual in the
  third degree of consanguinity or, at the time of the offense, in the
  third degree of affinity. If the actor proves the issue in the
  affirmative by a preponderance of the evidence, the offense is a
  felony of the third degree with a minimum term of imprisonment of
  five years.
         SECTION 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  This Act takes effect December 1, 2023, 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 on the 91st day after the last day of the
  legislative session.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 4 passed the Senate on
  October 12, 2023, by the following vote:  Yeas 29, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 4 passed the House on
  October 26, 2023, by the following vote:  Yeas 92, Nays 54, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor