88(3) HB 83 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain criminal conduct involving |
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the smuggling of persons or the operation of a stash house; |
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increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.03, Penal Code, is amended by amending |
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Subsection (a) and adding Subsections (d) and (e) to read as |
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follows: |
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(a) When the accused is found guilty of more than one |
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offense arising out of the same criminal episode prosecuted in a |
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single criminal action, a sentence for each offense for which the |
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accused has been found guilty shall be pronounced. Except as |
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otherwise provided by this section [Subsections (b) and (c)], the |
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sentences shall run concurrently. |
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(d)(1) This subsection applies only to a single criminal |
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action in which the accused is found guilty of: |
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(A) an offense under Section 20.05(a)(2) or an |
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offense under Section 20.06 involving conduct constituting an |
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offense under Section 20.05(a)(2); and |
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(B) an offense punishable under Section |
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22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or |
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38.04(b-1) that arises out of the same criminal episode as the |
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offense described by Paragraph (A). |
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(2) The sentence for an offense described by |
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Subdivision (1)(A) may run consecutively with each sentence for an |
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offense described by Subdivision (1)(B). |
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(3) If the accused is found guilty of more than one |
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offense described by Subdivision (1)(A), the sentences for those |
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offenses must run concurrently with each other. |
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(e) Except as otherwise provided by this subsection, if in a |
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single criminal action the accused is found guilty of more than one |
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offense arising out of the same criminal episode, the sentences may |
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run consecutively if each sentence is for a conviction of an offense |
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for which a plea agreement was reached in a case in which the |
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accused was charged with an offense described by Subsection |
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(d)(1)(A) and an offense described by Subsection (d)(1)(B). If the |
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accused is found guilty of more than one offense described by |
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Subsection (d)(1)(A), the sentences for those offenses must run |
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concurrently with each other. |
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SECTION 2. Section 12.50, Penal Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (d) to |
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read as follows: |
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(a) Subject to Subsections [Subsection] (c) and (d), the |
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punishment for an offense described by Subsection (b) is increased |
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to the punishment prescribed for the next higher category of |
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offense if it is shown on the trial of the offense that the offense |
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was committed in an area that was, at the time of the offense: |
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(1) subject to a declaration of a state of disaster |
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made by: |
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(A) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(B) the governor under Section 418.014, |
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Government Code; or |
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(C) the presiding officer of the governing body |
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of a political subdivision under Section 418.108, Government Code; |
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or |
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(2) subject to an emergency evacuation order. |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Section 20.05; |
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(2) Section 20.06; |
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(3) Section 20.07; |
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(4) Section 22.01; |
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(5) [(2)] Section 28.02; |
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(6) [(3)] Section 29.02; |
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(7) [(4)Statutes affected:
Introduced: Penal Code 3.03, Penal Code 12.50, Penal Code 20.05, Penal Code 20.06, Penal Code 20.07, Penal Code 22.01, Penal Code 30.02, Penal Code 30.04, Penal Code 30.05, Penal Code 38.04 (Penal Code 3, Penal Code 22, Penal Code 20, Penal Code 12, Penal Code 38, Penal Code 30)
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