| TO: | Honorable Byron Cook, Chair, House Committee On State Affairs |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | HB793 by Lozano (Relating to the creation of the offense of unlawful transport of an undocumented person.), As Introduced |
The bill would amend the Penal Code to create the offense of unlawful transport of an undocumented person. Under the provisions of the bill, the punishment for this offense would be 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 undocumented person would suffer bodily injury.
A state jail felony is punishable by confinement in a state jail for a term of 180 days to two years and, in addition to confinement, a fine not to exceed $10,000. A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.
Broadening the definition of the types of behavior punishable is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. According to the Bureau of Justice Statistics Federal Justice Statistics, there were 37,713 arrests in Texas for immigration offenses between October 1, 2009 and September 30, 2010. Approximately 4.8 percent of those arrests were for smuggling. It is unknown how many in the future would be convicted under this statute versus federal statute. In fiscal year 2012, less than 20 persons were admitted to prison or placed on community supervision for the offense of unlawful transport of persons for pecuniary benefit or smuggling of persons.
| Source Agencies: |
| LBB Staff: | UP, GG, JPo
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