Relating to the prosecution and punishment of the smuggling of persons.

This bill would modify the penal code pertaining to the offense of smuggling of persons. Under current law it is considered an offense if a person, with the intent to obtain a pecuniary benefit, knowingly conceals an individual from a peace officer or special investigator or flees from a person that is lawfully arresting certain actors. If this bill passes the “intent to obtain a pecuniary benefit” portion would be repealed, and only apply to second-degree felony charges or greater. Also, anyone who assists, guides, or directs three or more individuals to enter or remain on agricultural land without the effective consent of the owner would be guilty of a third-degree felony. It would be a second-degree felony if the offense were committed with the intent to obtain a pecuniary benefit. Also, if during the commission of this crime the individual knowingly possessed a firearm.

This bill would make the commission of human smuggling to obtain a pecuniary benefit a second-degree felony rather than a third-degree felony, and it would make the commission of human smuggling with a firearm a second-degree felony. Human smuggling is a deplorable crime however it is unclear that current penalties are insufficient or that these increased penalties would in any way reduce incidents of human smuggling. For these reasons we oppose HB 1554.