The Senate passed SB 4 (relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house) and SB 11 (relating to the creation of the criminal offense of improper entry from a foreign nation) this week. Both bills as amended will now move on to the House for further consideration.
The Senate passed SB 4 (Flores) Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house.
The bill would:
- Increase penalties for smuggling and stash house operation
- Increase the offense of smuggling and continuous smuggling to a 3rd degree felony with minimum of 10-year sentence
- Lower minimum sentence to 5 years with individuals who cooperate with law enforcement
- Operating a stash house is a minimum 5 year term, but if used for smuggling it is raised to a 3rd degree felony and sentence would rise to 10 years if operated in a disaster area
- Resisting arrest, assault, burglary, and evading arrest raised to a 3rd degree felony and stackable sentencing
- Provides the punishment for smuggling can be reduced to a 3rd degree felony with a minimum sentence of 5 years for family members within the 3rd degree consanguinity or affinity
The following amendments on the bill were adopted:
- FA 1 Flores – Strikes sections related to parkland
The following amendments offered on the bill failed:
- FA 2 Johnson – Can only prosecuted those under this bill who are engaged smuggling for pecuniary gain
- FA 3 Menendez –Â Provides protections for some family members; judges could use their discretion
The Senate also passed SB 11 (Birdwell) Relating to the creation of the criminal offense of improper entry from a foreign nation with no amendments.
The bill would:
- Authorizes state law enforcement to arrest and prosecute those who illegally crossed the border anywhere other than a port of entry, elude inspection by an immigration officer, or enter as a result of misleading information
- This offense is a class A misdemeanor
- If its second apprehension for this offense it is a state jail felony and a 3rd time is a 2nd degree felony
- If the person has been convicted of a felony not listed in Article 42(a) in the code of criminal procedure it is a 2nd degree felony
- Creates two affirmative defenses to the prosecution of this offense
- An immigration benefit entitling an individual to law presence or asylum is a defense
- As is compliance with the federal unlawful entry statute
The following amendments offered on the bill failed:
- FA 1 Menendez – Creates defense on coercion onto private property
- FA 2 Zaffirini – Affirmative defense for those granted a benefit by asylum
- FA 4 Zaffirini – For peace officers to undergo annual training on the rights of detainees; detainees to receive their rights in a language they understand; health screenings for certain individuals
- FA 5 Eckhardt – Allows counties tp quantify how much spent given this bill on nonviolent offenders, can count that into their no new rollback rate
- FA 6 – Ensures in the event a person cannot be detained in an OSL facility and are in a county jail, the state shall pay them the same daily felony case rate and costs related to the judicial process