S.B. No. 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 20, Penal Code 22, Penal Code 30, Penal Code 3, Penal Code 38, Penal Code 12)
Senate Committee Report: Penal Code 3.03, Penal Code 12.50, Penal Code 20.01, 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 20, Penal Code 22, Penal Code 30, Penal Code 3, Penal Code 38, Penal Code 12)
Engrossed: 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 20, Penal Code 22, Penal Code 30, Penal Code 3, Penal Code 38, Penal Code 12)
House Committee Report: 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 20, Penal Code 22, Penal Code 30, Penal Code 3, Penal Code 38, Penal Code 12)
Enrolled: 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 20, Penal Code 22, Penal Code 30, Penal Code 3, Penal Code 38, Penal Code 12)

	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),