The bill would amend the Penal Code as it relates to the prosecution of and punishment for the offense of smuggling of persons.  Under the provisions of the bill, the punishment for smuggling of persons would begin at the state jail felony level with the level of punishment increasing in severity based on the number of people transported. Under current statute, smuggling of persons is punishable as a state jail felony and provides for enhancement to a third degree felony if certain conditions are met. 

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

 
Enhancing the penalty for any criminal offenses is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. In fiscal year 2012, 89 people were arrested, 10 people were placed on felony community supervision, and less than five people were admitted to the correctional institutions division for smuggling of persons. Although the number of people transported is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.