The bill would amend the Penal Code by creating the offense of unlawful transport of an undocumented person punishable as a state jail felony except that it would be punishable as a felony of the third degree if committed for pecuniary benefit or if there is substantial likelihood the undocumented person will suffer bodily injury.
 
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
 
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
 
Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses.  It is expected individuals who would be affected under the provisions of this bill are currently being sentenced under federal statute.  According to the Bureau of Justice Statistics Federal Justice Statistics, 2005, the U.S. Marshals Service made 38,041 arrests nationwide for immigration offenses between October 1, 2004 and September 30, 2005.  It is unknown how many of those arrests were for unlawfully transporting an undocumented person or how many of those arrests took place in Texas. 

The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the circumstances involved in the unlawful transport of undocumented persons.