Bill Text: TX HB141 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of avoiding certain law enforcement checkpoints or evading an arrest or detention; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 51-0)
Status: (Introduced - Dead) 2021-10-04 - Filed [HB141 Detail]
Download: Texas-2021-HB141-Introduced.html
| 87S30423 JRR-D | ||
| By: Spiller | H.B. No. 141 | |
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| relating to the prosecution and punishment of certain criminal | ||
| offenses committed in the course of or for the purpose of avoiding | ||
| certain law enforcement checkpoints or evading an arrest or | ||
| detention; increasing criminal penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 20.05, Penal Code, is amended by adding | ||
| Subsection (b-1) to read as follows: | ||
| (b-1) For purposes of Subsection (a)(1)(A), the actor is | ||
| presumed to have acted knowingly and with the intent to conceal the | ||
| individual being transported from a peace officer or special | ||
| investigator if in the course of committing the offense the actor | ||
| intentionally avoided a federal or state law enforcement | ||
| checkpoint. | ||
| SECTION 2. Section 22.01(b-1), Penal Code, is amended to | ||
| read as follows: | ||
| (b-1) Notwithstanding Subsection (b), an offense under | ||
| Subsection (a)(1) is a felony of the third degree if: | ||
| (1) it is shown on the trial of the offense that the | ||
| actor committed the offense in the course of or for the purpose of | ||
| intentionally avoiding a federal or state law enforcement | ||
| checkpoint; or | ||
| (2) the offense is committed: | ||
| (A) [ |
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| commitment facility; and | ||
| (B) [ |
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| (i) [ |
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| Texas Civil Commitment Office: | ||
| (a) [ |
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| employee is lawfully discharging an official duty at a civil | ||
| commitment facility; or | ||
| (b) [ |
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| account of an exercise of official power or performance of an | ||
| official duty by the officer or employee; or | ||
| (ii) [ |
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| state to perform a service in a civil commitment facility or an | ||
| employee of that person: | ||
| (a) [ |
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| employee is engaged in performing a service within the scope of the | ||
| contract, if the actor knows the person or employee is authorized by | ||
| the state to provide the service; or | ||
| (b) [ |
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| account of the person's or employee's performance of a service | ||
| within the scope of the contract. | ||
| SECTION 3. 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 or for the purpose of: | ||
| (1) intentionally avoiding a federal or state law | ||
| enforcement checkpoint; or | ||
| (2) engaging in conduct constituting an offense under | ||
| Section 38.04. | ||
| SECTION 4. 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 or for the purpose of | ||
| intentionally avoiding a federal or state law enforcement | ||
| checkpoint. | ||
| SECTION 5. 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[ |
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| [ |
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| 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 or for the purpose | ||
| of intentionally avoiding a federal or state law enforcement | ||
| checkpoint. | ||
| SECTION 6. 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), [ |
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| (2) a Class C misdemeanor, except as provided by | ||
| Subdivisions [ |
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| 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; [ |
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| (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 or for the purpose of intentionally avoiding a federal or | ||
| state law enforcement checkpoint. | ||
| SECTION 7. 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 8. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
