Senate Bill No. 659, introduced by Schwertner, aims to amend the Penal Code regarding the prosecution and punishment of the offense of smuggling persons. The bill expands the definition of the offense by adding new provisions that include using or assisting others in using various means of conveyance to transport individuals with the intent to conceal them from law enforcement or aid them in fleeing from law enforcement. Additionally, it introduces new clauses that criminalize taking or forcing individuals to remain on public or private property without their consent. The bill also modifies the penalties associated with the offense, establishing that it is generally a third-degree felony but can escalate to a second-degree felony under certain circumstances, such as if the smuggled individual is a child or if the offense involves the use of a firearm.

Furthermore, the bill enhances the penalties for more severe outcomes, elevating the offense to a first-degree felony if the smuggled individual suffers serious bodily injury or death, or if government resources were used to facilitate the crime. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the existing law.

Statutes affected:
Introduced: Penal Code 20.05 (Penal Code 20)
Senate Committee Report: Penal Code 20.05 (Penal Code 20)
Engrossed: Penal Code 20.05 (Penal Code 20)
House Committee Report: Penal Code 20.05 (Penal Code 20)