Bill Text: TX HB11 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Texas Department of Public Safety, military and law enforcement training, and the investigation, prosecution, punishment, and prevention of certain offenses; creating an offense and increasing a criminal penalty; authorizing fees.
Spectrum: Strong Partisan Bill (Republican 86-5)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB11 Detail]
Download: Texas-2015-HB11-Enrolled.html
H.B. No. 11 |
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relating to the powers and duties of the Texas Department of Public | ||
Safety, military and law enforcement training, and the | ||
investigation, prosecution, punishment, and prevention of certain | ||
offenses; creating an offense and increasing a criminal penalty; | ||
authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace | ||
officers: | ||
(1) sheriffs, their deputies, and those reserve | ||
deputies who hold a permanent peace officer license issued under | ||
Chapter 1701, Occupations Code; | ||
(2) constables, deputy constables, and those reserve | ||
deputy constables who hold a permanent peace officer license issued | ||
under Chapter 1701, Occupations Code; | ||
(3) marshals or police officers of an incorporated | ||
city, town, or village, and those reserve municipal police officers | ||
who hold a permanent peace officer license issued under Chapter | ||
1701, Occupations Code; | ||
(4) rangers, [ |
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reserve officer corps commissioned by the Public Safety Commission | ||
and the Director of the Department of Public Safety; | ||
(5) investigators of the district attorneys', criminal | ||
district attorneys', and county attorneys' offices; | ||
(6) law enforcement agents of the Texas Alcoholic | ||
Beverage Commission; | ||
(7) each member of an arson investigating unit | ||
commissioned by a city, a county, or the state; | ||
(8) officers commissioned under Section 37.081, | ||
Education Code, or Subchapter E, Chapter 51, Education Code; | ||
(9) officers commissioned by the General Services | ||
Commission; | ||
(10) law enforcement officers commissioned by the | ||
Parks and Wildlife Commission; | ||
(11) airport police officers commissioned by a city | ||
with a population of more than 1.18 million located primarily in a | ||
county with a population of 2 million or more that operates an | ||
airport that serves commercial air carriers; | ||
(12) airport security personnel commissioned as peace | ||
officers by the governing body of any political subdivision of this | ||
state, other than a city described by Subdivision (11), that | ||
operates an airport that serves commercial air carriers; | ||
(13) municipal park and recreational patrolmen and | ||
security officers; | ||
(14) security officers and investigators commissioned | ||
as peace officers by the comptroller; | ||
(15) officers commissioned by a water control and | ||
improvement district under Section 49.216, Water Code; | ||
(16) officers commissioned by a board of trustees | ||
under Chapter 54, Transportation Code; | ||
(17) investigators commissioned by the Texas Medical | ||
Board; | ||
(18) officers commissioned by: | ||
(A) the board of managers of the Dallas County | ||
Hospital District, the Tarrant County Hospital District, the Bexar | ||
County Hospital District, or the El Paso County Hospital District | ||
under Section 281.057, Health and Safety Code; | ||
(B) the board of directors of the Ector County | ||
Hospital District under Section 1024.117, Special District Local | ||
Laws Code; and | ||
(C) the board of directors of the Midland County | ||
Hospital District of Midland County, Texas, under Section 1061.121, | ||
Special District Local Laws Code; | ||
(19) county park rangers commissioned under | ||
Subchapter E, Chapter 351, Local Government Code; | ||
(20) investigators employed by the Texas Racing | ||
Commission; | ||
(21) officers commissioned under Chapter 554, | ||
Occupations Code; | ||
(22) officers commissioned by the governing body of a | ||
metropolitan rapid transit authority under Section 451.108, | ||
Transportation Code, or by a regional transportation authority | ||
under Section 452.110, Transportation Code; | ||
(23) investigators commissioned by the attorney | ||
general under Section 402.009, Government Code; | ||
(24) security officers and investigators commissioned | ||
as peace officers under Chapter 466, Government Code; | ||
(25) [ |
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[ |
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Subchapter F, Chapter 53, Government Code; | ||
(26) [ |
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marshal under Chapter 417, Government Code; | ||
(27) [ |
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commissioner of insurance under Section 701.104, Insurance Code; | ||
(28) [ |
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general commissioned by the Texas Juvenile Justice Department as | ||
officers under Sections 242.102 and 243.052, Human Resources Code; | ||
(29) [ |
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general of the Texas Department of Criminal Justice under Section | ||
493.019, Government Code; | ||
(30) [ |
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Commission on Law Enforcement under Section 1701.160, Occupations | ||
Code; | ||
(31) [ |
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the Texas Private Security Board under Section 1702.061 | ||
[ |
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(32) [ |
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inspectors, or investigators commissioned by an emergency services | ||
district under Chapter 775, Health and Safety Code; | ||
(33) [ |
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of Dental Examiners under Section 254.013, Occupations Code, | ||
subject to the limitations imposed by that section; | ||
(34) [ |
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Juvenile Justice Department as officers under Section 221.011, | ||
Human Resources Code; and | ||
(35) [ |
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inspectors, or investigators commissioned by a county under | ||
Subchapter B, Chapter 352, Local Government Code. | ||
SECTION 2. Section 4, Article 18.20, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED. | ||
A judge of competent jurisdiction may issue an order authorizing | ||
interception of wire, oral, or electronic communications only if | ||
the prosecutor applying for the order shows probable cause to | ||
believe that the interception will provide evidence of the | ||
commission of: | ||
(1) a felony under Section 19.02, 19.03, or 43.26, | ||
Penal Code; | ||
(2) a felony under: | ||
(A) Chapter 481, Health and Safety Code, other | ||
than felony possession of marihuana; | ||
(B) Section 485.032, Health and Safety Code; or | ||
(C) Chapter 483, Health and Safety Code; | ||
(3) an offense under Section 20.03 or 20.04, Penal | ||
Code; | ||
(4) an offense under Chapter 20A, Penal Code; | ||
(5) an offense under Chapter 34, Penal Code, if the | ||
criminal activity giving rise to the proceeds involves the | ||
commission of an offense under Title 5, Penal Code, or an offense | ||
under federal law or the laws of another state containing elements | ||
that are substantially similar to the elements of an offense under | ||
Title 5; | ||
(6) an offense under Section 38.11, Penal Code; [ |
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(7) an offense under Section 43.04 or 43.05, Penal | ||
Code; or | ||
(8) an attempt, conspiracy, or solicitation to commit | ||
an offense listed in this section. | ||
SECTION 3. Article 59.01(2), Code of Criminal Procedure, as | ||
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the | ||
83rd Legislature, Regular Session, 2013, 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, 20.06, 21.11, 38.04, or Chapter 43, 20A, 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 151, 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 32, Human | ||
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that | ||
involves the state Medicaid program; | ||
(vii) a Class B misdemeanor under Chapter | ||
522, Business & Commerce Code; | ||
(viii) a Class A misdemeanor under Section | ||
306.051, Business & Commerce Code; | ||
(ix) any offense under Section 42.10, Penal | ||
Code; | ||
(x) any offense under Section 46.06(a)(1) | ||
or 46.14, Penal Code; | ||
(xi) any offense under Chapter 71, Penal | ||
Code; | ||
(xii) any offense under Section 20.05 or | ||
20.06, Penal Code; or | ||
(xiii) [ |
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326.002, Business & Commerce 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)(vii), (ix), (x), or (xi) 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)(vii), (ix), (x), | ||
or (xi) of this subdivision, or a crime of violence; | ||
(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; or | ||
(F) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 20A.02 or | ||
Chapter 43, Penal Code. | ||
SECTION 4. Subchapter B, Chapter 402, Government Code, is | ||
amended by adding Section 402.038 to read as follows: | ||
Sec. 402.038. TRANSNATIONAL AND ORGANIZED CRIME DIVISION. | ||
(a) The office of the attorney general shall establish a | ||
transnational and organized crime division. | ||
(b) To address matters related to border security and | ||
organized crime, the transnational and organized crime division | ||
shall: | ||
(1) establish within the division a prosecution unit | ||
to provide critical assistance to local prosecutors; | ||
(2) using existing funds, establish within the | ||
division a trafficking of persons unit to: | ||
(A) assist local law enforcement agencies and | ||
local prosecutors in investigating and prosecuting trafficking of | ||
persons and related crimes; and | ||
(B) work with the appropriate local and state | ||
agencies to identify victims of trafficking of persons and to | ||
provide the types of assistance available for those victims under | ||
Chapter 56, Code of Criminal Procedure; and | ||
(3) develop initiatives to provide greater state | ||
assistance, support, and coordination among state law enforcement | ||
agencies, local law enforcement agencies, and local prosecutors. | ||
(c) Prosecution assistance provided by the division under | ||
this section shall be in accordance with the assistance authorized | ||
under Section 402.028. | ||
SECTION 5. Section 411.0043, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The | ||
commission shall implement a policy requiring the department to use | ||
appropriate technological solutions to improve the department's | ||
ability to perform its functions. The policy must ensure that the | ||
public is able to interact with the department on the Internet. | ||
(b) The department shall periodically: | ||
(1) review the department's existing information | ||
technology system to determine whether: | ||
(A) the system's security should be upgraded; and | ||
(B) the system provides the department with the | ||
best ability to monitor and investigate criminal activity on the | ||
Internet; and | ||
(2) make any necessary improvements to the | ||
department's information technology system. | ||
SECTION 6. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0163 to read as follows: | ||
Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW | ||
ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of | ||
law, the department may, at the time a commissioned officer is | ||
hired, elect to credit up to four years of experience as a peace | ||
officer in the state as years of service for the purpose of | ||
calculating the officer's salary under Schedule C. All officers | ||
are subject to the one-year probationary period under Section | ||
411.007(g) notwithstanding the officer's rank or salary | ||
classification. | ||
SECTION 7. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0164 to read as follows: | ||
Sec. 411.0164. 50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS. | ||
Notwithstanding any other law, the department may implement a | ||
10-hour workday and 50-hour workweek for commissioned officers of | ||
the department. | ||
SECTION 8. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0165 to read as follows: | ||
Sec. 411.0165. VETERAN APPLICANTS FOR TROOPER TRAINING. | ||
The department may accept a person applying to the department's | ||
trooper trainee academy if the person: | ||
(1) has served four or more years in the United States | ||
armed forces as a member of the military police or other security | ||
force and received an honorable discharge; and | ||
(2) meets all other department requirements for a | ||
commissioned officer. | ||
SECTION 9. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Sections 411.0208 and 411.0209 to read as | ||
follows: | ||
Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission | ||
may provide for the establishment of a reserve officer corps | ||
consisting of retired or previously commissioned officers of the | ||
department who retired or resigned in good standing. | ||
(b) The commission shall establish qualifications and | ||
standards of training for members of the reserve officer corps. | ||
(c) The commission may limit the size of the reserve officer | ||
corps. | ||
(d) The director shall appoint the members of the reserve | ||
officer corps. Members serve at the director's discretion. | ||
(e) The director may call the reserve officer corps into | ||
service at any time the director considers it necessary to have | ||
additional officers to assist the department in conducting | ||
background investigations, sex offender compliance checks, and | ||
other duties as determined necessary by the director. | ||
Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL | ||
BORDER CHECKPOINTS. (a) To prevent the unlawful transfer of | ||
contraband from this state to the United Mexican States and other | ||
unlawful activity, the department shall implement a strategy for | ||
providing to federal authorities and to local law enforcement | ||
authorities working with those federal authorities at | ||
international border checkpoints assistance in the interdiction of | ||
weapons, bulk currency, stolen vehicles, and other contraband, and | ||
of fugitives, being smuggled into the United Mexican States. | ||
(b) The department may share with the federal government the | ||
cost of staffing any international border checkpoints for the | ||
purposes described by this section. | ||
(c) The director and applicable local law enforcement | ||
authorities shall adopt procedures as necessary to administer this | ||
section. | ||
SECTION 10. Subchapter D, Chapter 411, Government Code, is | ||
amended by adding Section 411.054 to read as follows: | ||
Sec. 411.054. INCIDENT-BASED CRIME STATISTICS REPORTING | ||
GOAL. (a) The department shall establish a goal that, not later | ||
than September 1, 2019, all local law enforcement agencies: | ||
(1) will have implemented an incident-based reporting | ||
system that meets the reporting requirements of the National | ||
Incident-Based Reporting System of the Uniform Crime Reporting | ||
Program of the Federal Bureau of Investigation; and | ||
(2) will use the system described by Subdivision (1) | ||
to submit to the department information and statistics concerning | ||
criminal offenses committed in the jurisdiction of the local law | ||
enforcement agency. | ||
(b) Not later than January 1, 2017, the department shall | ||
submit a report to the legislature that identifies the number of | ||
local law enforcement agencies that have implemented the system | ||
described by Subsection (a). | ||
SECTION 11. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0141 to read as follows: | ||
Sec. 411.0141. MULTIUSE TRAINING FACILITY. (a) The Texas | ||
Facilities Commission shall construct a multiuse training facility | ||
to be used by the department, the Texas military forces, county and | ||
municipal law enforcement agencies, and any other military or law | ||
enforcement agency, including agencies of the federal government, | ||
for training purposes. | ||
(b) The Texas Facilities Commission, with the assistance of | ||
the department, shall locate and acquire real property for the | ||
purpose of constructing the training facility. The governing body | ||
of a county or municipality, on behalf of the county or | ||
municipality, may donate real property to the department for the | ||
training facility.The donation may be in fee simple or otherwise. | ||
(c) The department shall, with the assistance of the Texas | ||
Facilities Commission, design the training facility. | ||
(d) On completion of the construction of the training | ||
facility, the Texas Facilities Commission shall transfer ownership | ||
of the training facility, including the real property and | ||
buildings, to the department. | ||
(e) The department shall manage the training facility and | ||
may adopt rules necessary to implement this section. The | ||
department shall make the training facility available for use by | ||
the department, the Texas military forces, county and municipal law | ||
enforcement agencies, and any other military or law enforcement | ||
agency, including agencies of the federal government. The | ||
department may set and collect fees for the use of the training | ||
facility. | ||
SECTION 12. Section 772.007, Government Code, is reenacted | ||
to read as follows: | ||
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The | ||
criminal justice division established under Section 772.006 shall | ||
administer a competitive grant program to support regional, | ||
multidisciplinary approaches to combat gang violence through the | ||
coordination of gang prevention, intervention, and suppression | ||
activities. | ||
(b) The grant program administered under this section must | ||
be directed toward regions of this state that have demonstrably | ||
high levels of gang violence. | ||
(c) The criminal justice division shall award grants to | ||
qualified applicants, as determined by the division, that | ||
demonstrate a comprehensive approach that balances gang | ||
prevention, intervention, and suppression activities to reduce | ||
gang violence. | ||
(d) The criminal justice division shall include in the | ||
biennial report required by Section 772.006(a)(9) detailed | ||
reporting of the results and performance of the grant program | ||
administered under this section. | ||
(e) The criminal justice division may use any revenue | ||
available for purposes of this section. | ||
SECTION 13. Chapter 362, Local Government Code, is amended | ||
by adding Section 362.005 to read as follows: | ||
Sec. 362.005. TEXAS TRANSNATIONAL INTELLIGENCE CENTER. | ||
(a) The sheriff's department of a county with a population of at | ||
least 700,000 but not more than 800,000 that borders the | ||
Texas-Mexico border and the police department of the municipality | ||
having the largest population in that county shall jointly | ||
establish and operate the Texas Transnational Intelligence Center | ||
as a central repository of real-time intelligence relating to: | ||
(1) autopsies in which the person's death is likely | ||
connected to transnational criminal activity; | ||
(2) criminal activity in the counties along the | ||
Texas-Mexico border and certain other counties; and | ||
(3) other transnational criminal activity in the | ||
state. | ||
(b) The Texas Department of Public Safety shall assist the | ||
county sheriff's department and the municipal police department in | ||
the establishment and operation of the center. | ||
(c) Each law enforcement agency in a county located along | ||
the Texas-Mexico border or in a county that contains a federal | ||
checkpoint shall report to the Texas Transnational Intelligence | ||
Center intelligence regarding criminal activity in the law | ||
enforcement agency's jurisdiction, including details on | ||
kidnappings, home invasions, and incidents of impersonation of law | ||
enforcement officers. The Texas Alcoholic Beverage Commission and | ||
Parks and Wildlife Department shall report to the center | ||
intelligence regarding transnational criminal activity in the | ||
agency's jurisdiction. | ||
(d) The intelligence in the Texas Transnational | ||
Intelligence Center shall be made available to each law enforcement | ||
agency in the state and the Texas Alcoholic Beverage Commission and | ||
Parks and Wildlife Department. | ||
(e) The Texas Transnational Intelligence Center shall | ||
comply with Section 421.085, Government Code, and the rules | ||
relating to that section. | ||
SECTION 14. Section 20.05, Penal Code, is amended to read as | ||
follows: | ||
Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an | ||
offense if the person, with the intent to obtain a pecuniary | ||
benefit, knowingly: | ||
(1) [ |
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[ |
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individual with the intent to: | ||
(A) [ |
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officer or special investigator; or | ||
(B) [ |
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peace officer or special investigator attempting to lawfully arrest | ||
or detain the actor; or | ||
(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. | ||
(b) An [ |
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under this section is [ |
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[ |
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degree, except that [ |
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(1) a felony of the second degree if: | ||
(A) the actor commits the offense [ |
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[ |
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likelihood that the smuggled [ |
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serious bodily injury or death; or | ||
(B) the smuggled individual is a child younger | ||
than 18 years of age at the time of the offense; 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. | ||
(c) [ |
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offense under this section, other than an offense punishable under | ||
Subsection (b)(1)(A) or (b)(2), that the actor is related to the | ||
smuggled [ |
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consanguinity or, at the time of the offense, within the second | ||
degree of affinity. | ||
(d) [ |
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section also constitutes an offense under another section of this | ||
code, the actor may be prosecuted under either section or under both | ||
sections. | ||
SECTION 15. Chapter 20, Penal Code, is amended by adding | ||
Section 20.06 to read as follows: | ||
Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person | ||
commits an offense if, during a period that is 10 or more days in | ||
duration, the person engages two or more times in conduct that | ||
constitutes an offense under Section 20.05. | ||
(b) If a jury is the trier of fact, members of the jury are | ||
not required to agree unanimously on which specific conduct engaged | ||
in by the defendant constituted an offense under Section 20.05 or on | ||
which exact date the defendant engaged in that conduct. The jury | ||
must agree unanimously that the defendant, during a period that is | ||
10 or more days in duration, engaged two or more times in conduct | ||
that constitutes an offense under Section 20.05. | ||
(c) If the victim of an offense under Subsection (a) is the | ||
same victim as a victim of an offense under Section 20.05, a | ||
defendant may not be convicted of the offense under Section 20.05 in | ||
the same criminal action as the offense under Subsection (a), | ||
unless the offense under Section 20.05: | ||
(1) is charged in the alternative; | ||
(2) occurred outside the period in which the offense | ||
alleged under Subsection (a) was committed; or | ||
(3) is considered by the trier of fact to be a lesser | ||
included offense of the offense alleged under Subsection (a). | ||
(d) A defendant may not be charged with more than one count | ||
under Subsection (a) if all of the conduct that constitutes an | ||
offense under Section 20.05 is alleged to have been committed | ||
against the same victim. | ||
(e) Except as provided by Subsections (f) and (g), an | ||
offense under this section is a felony of the second degree. | ||
(f) An offense under this section is a felony of the first | ||
degree 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. | ||
(g) An offense under this section is a felony of the first | ||
degree, punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for any term of not more than 99 years | ||
or less than 25 years, if: | ||
(1) 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 | ||
(2) the smuggled individual suffered serious bodily | ||
injury or death. | ||
SECTION 16. Sections 71.02(a) and (b), Penal Code, are | ||
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, continuous sexual abuse of young child or children, | ||
solicitation of a minor, 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; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(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, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
(17) any offense under Section 20.05 or 20.06; or | ||
(18) any offense classified as a felony under the Tax | ||
Code. | ||
(b) Except as provided in Subsections (c) and (d), an | ||
offense under this section is one category higher than the most | ||
serious offense listed in Subsection (a) that was committed, and if | ||
the most serious offense is a Class A misdemeanor, the offense is a | ||
state jail felony, except that the offense is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for: | ||
(1) life without parole, if the most serious offense | ||
is an aggravated sexual assault and if at the time of that offense | ||
the defendant is 18 years of age or older and: | ||
(A) the victim of the offense is younger than six | ||
years of age; | ||
(B) the victim of the offense is younger than 14 | ||
years of age and the actor commits the offense in a manner described | ||
by Section 22.021(a)(2)(A); or | ||
(C) the victim of the offense is younger than 17 | ||
years of age and suffered serious bodily injury as a result of the | ||
offense; [ |
||
(2) life or for any term of not more than 99 years or | ||
less than 30 years if the most serious offense is an offense under | ||
Section 20.06 that is punishable under Subsection (g) of that | ||
section; or | ||
(3) life or for any term of not more than 99 years or | ||
less than 15 years if the most serious offense is an offense | ||
punishable as a felony of the first degree, other than an offense | ||
described by Subdivision (1) or (2). | ||
SECTION 17. (a) The lieutenant governor and the speaker of | ||
the house of representatives shall create a joint interim committee | ||
to study border security. | ||
(b) The committee shall be composed of 10 members as | ||
follows: | ||
(1) five members of the senate appointed by the | ||
lieutenant governor; and | ||
(2) five members of the house of representatives | ||
appointed by the speaker of the house of representatives. | ||
(c) The lieutenant governor and speaker of the house of | ||
representatives shall each designate a co-chair from among the | ||
committee members. | ||
(d) The committee shall submit a full report, including | ||
findings and recommendations, to the 85th Legislature before it | ||
convenes in regular session in January of 2017. | ||
(e) The lieutenant governor and the speaker of the house of | ||
representatives shall appoint the members of the committee created | ||
under this section as soon as possible after the effective date of | ||
this Act. | ||
SECTION 18. The change in law made by this Act to Section 4, | ||
Article 18.20, Code of Criminal Procedure, applies only to an | ||
application for an interception order filed on or after the | ||
effective date of this Act. An application for an interception | ||
order filed before the effective date of this Act is governed by the | ||
law in effect on the date the application was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 19. Not later than December 1, 2015, the office of | ||
the attorney general shall establish the transnational and | ||
organized crime division as required by Section 402.038, Government | ||
Code, as added by this Act. | ||
SECTION 20. The changes in law made by this Act to 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 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 21. To the extent of any conflict, this Act prevails | ||
over another Act of the 84th Legislature, Regular Session, 2015, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 22. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 11 was passed by the House on March | ||
19, 2015, by the following vote: Yeas 130, Nays 11, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 11 on May 28, 2015, by the following vote: Yeas 122, Nays 22, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 11 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 27, Nays | ||
4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |