Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB892 by Howard, Charlie (Relating to the creation of the offense of unlawful transport of an illegal alien.), As Engrossed
The bill would amend the Penal Code by creating the offense of unlawful transport of an illegal alien 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 that the illegal alien will suffer bodily injury. Under the provisions of the bill, a person commits an offense if the person knowingly transports an illegal alien in a manner that is designed to conceal the illegal alien from local, state, or federal law enforcement authorities.
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 that 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 Program website (http://bjs.ojp.usdoj.gov/fjsrc/), there were 84,749 arrests nationwide for immigration offenses between October 1, 2008 and September 30, 2009. Approximately 4.4 percent of those arrests were for alien smuggling. It is unknown how many of those arrests took place in Texas or, how many in the future would be convicted under this statute versus federal statute.