By: Schwertner	S.B. No. 659
	(Hefner)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution and punishment of the offense of
	smuggling of persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 20.05(a) and (b), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if the person knowingly:
	(1)  uses or assists, solicits, encourages, directs,
	aids, or attempts to aid another in the use of a motor vehicle,
	aircraft, watercraft, or other means of conveyance to transport an
	individual with the intent to:
	(A)  conceal the individual from a peace officer
	or special investigator; or
	(B)  flee or aid the person using the motor
	vehicle, aircraft, watercraft, or other means of conveyance in
	fleeing from a person the actor knows is a peace officer or special
	investigator attempting to lawfully arrest or detain the actor or
	person the actor assisted, solicited, encouraged, directed, aided,
	or attempted to aid in using the motor vehicle, aircraft,
	watercraft, or other means of conveyance;
	(2)  encourages or induces a person to enter or remain
	in this country in violation of federal law by concealing,
	harboring, or shielding that person from detection; [or]
	(3)  assists, guides, or directs an individual [two or
	more individuals] to enter or remain on public or private property
	[agricultural land] without the effective consent of the owner; or
	(4)  takes an individual to or forces an individual to
	remain on public or private property without the individual's
	effective consent.
	(b)  Subject to Subsections (b-1) and (b-2), an offense under
	this section is a felony of the third degree with a term of
	imprisonment of 10 years, except that the offense is:
	(1)  a felony of the second degree with a minimum term
	of imprisonment of 10 years if:
	(A)  the actor commits the offense in a manner
	that creates a substantial likelihood that the smuggled individual
	will suffer serious bodily injury or death;
	(B)  the smuggled individual is a child younger
	than 18 years of age at the time of the offense;
	(C)  the offense was committed with the intent to
	obtain a pecuniary benefit;
	(D)  during the commission of the offense the
	actor, another party to the offense, or an individual assisted,
	guided, or directed by the actor knowingly possessed a firearm; or
	(E)  the actor commits the offense under
	Subsection (a)(1)(B); or
	(2)  a felony of the first degree with a minimum term of
	imprisonment of 10 years if:
	(A)  it is shown on the trial of the offense that,
	as a direct result of the commission of the offense, the smuggled
	individual became a victim of sexual assault, as defined by Section
	22.011, or aggravated sexual assault, as defined by Section 22.021;
	[or]
	(B)  the smuggled individual suffered serious
	bodily injury or death; or
	(C)  the actor used government resources to
	facilitate the commission of the offense.
	SECTION 2.  The change in law made by this Act applies 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 occurred
	before that date.
	SECTION 3.  This Act takes effect September 1, 2025.