Bill Text: TX HB674 | 2025-2026 | 89th Legislature | 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 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB674 Detail]
Download: Texas-2025-HB674-Introduced.html
89R3284 JRR-F | ||
By: Spiller | H.B. No. 674 |
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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 3.03(d)(1), Penal Code, is amended to | ||
read as follows: | ||
(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)(1), 28.10(1) [ |
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30.04(d)(3)(B)(i), 30.05(d)(4)(A) [ |
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or 38.04(b-1) that arises out of the same criminal episode as the | ||
offense described by Paragraph (A). | ||
SECTION 2. Section 20.05, Penal Code, is amended by adding | ||
Subsection (b-3) to read as follows: | ||
(b-3) 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 3. Section 22.01(b-4), Penal Code, is amended 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: | ||
(1) committed the offense in the course of committing | ||
an offense under Section 20.05(a)(2); or | ||
(2) committed the offense in the course of or for the | ||
purpose of intentionally avoiding a federal or state law | ||
enforcement checkpoint. | ||
SECTION 4. Section 28.10, Penal Code, is amended 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: | ||
(1) committed the offense in the course of committing | ||
an offense under Section 20.05(a)(2); or | ||
(2) committed the offense in the course of or for the | ||
purpose of: | ||
(A) intentionally avoiding a federal or state law | ||
enforcement checkpoint; or | ||
(B) engaging in conduct constituting an offense | ||
under Section 38.04. | ||
SECTION 5. Section 30.02, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-3) to read as | ||
follows: | ||
(c) Except as provided in Subsection (c-1), (c-2), (c-3), 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-3) 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 6. 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 | ||
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: | ||
(i) committed the offense in the course of | ||
committing an offense under Section 20.05(a)(2); or | ||
(ii) committed the offense in the course of | ||
or for the purpose of intentionally avoiding a federal or state law | ||
enforcement checkpoint. | ||
SECTION 7. 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), (3), and (4); | ||
(2) a Class C misdemeanor, except as provided by | ||
Subdivisions (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; | ||
(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: | ||
(A) committed the offense in the course of | ||
committing an offense under Section 20.05(a)(2); or | ||
(B) committed the offense in the course of or for | ||
the purpose of intentionally avoiding a federal or state law | ||
enforcement checkpoint. | ||
SECTION 8. 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 9. This Act takes effect July 1, 2025, 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 September 1, 2025. |