| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the offense of unlawful transport of an |
|
|
undocumented person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 20A, Penal Code, is amended by adding |
|
|
Section 20A.04 to read as follows: |
|
|
Sec. 20A.04. UNLAWFUL TRANSPORT OF UNDOCUMENTED PERSON. |
|
|
(a) In this section, "undocumented person" means a person who: |
|
|
(1) is not a citizen or national of the United States; |
|
|
and |
|
|
(2) is unlawfully present in the United States |
|
|
according to the terms of the Immigration and Nationality Act (8 |
|
|
U.S.C. Section 1101 et seq.). |
|
|
(b) A person commits an offense if the person transports an |
|
|
undocumented person in a manner that is designed to conceal the |
|
|
undocumented person from local, state, or federal law enforcement |
|
|
authorities. |
|
|
(c) Except as otherwise provided by Subsection (d), an |
|
|
offense under this section is a state jail felony. |
|
|
(d) An offense under this section is a felony of the third |
|
|
degree if the offense is committed: |
|
|
(1) for pecuniary benefit; or |
|
|
(2) in a manner that creates a substantial likelihood |
|
|
that the undocumented person will suffer bodily injury. |
|
|
(e) It is an affirmative defense to prosecution under this |
|
|
section that the actor is related to the undocumented person within |
|
|
the third degree of consanguinity or at the time of the offense |
|
|
within the third degree of affinity. |
|
|
(f) If conduct constituting an offense under this section |
|
|
also constitutes an offense under another section of this code, the |
|
|
actor may be prosecuted under either section. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |