The bill would amend the Penal Code to prohibit certain additional behaviors, remove certain defenses to prosecution, and enhance certain punishments under the offense of smuggling of persons. The bill would also create the new offense of continuous smuggling of persons and include this offense among other offenses eligible for prosecution under the offense of engaging in organized criminal activity. Under the provisions of the bill, smuggling of persons, continuous smuggling of persons, and engaging in organized activity related to continuous smuggling of persons would be punishable at various felony levels, depending on the circumstance of the offense.

In fiscal year 2014, 344 people were arrested, 24 were placed under felony community supervision, and 20 were admitted to correctional institutions for the offense of smuggling of persons. The probable impact of implementing the bill's provisions which amend this section of the Penal Code cannot be determined due to the unavailability of reliable data related to the proposed changes to the offense of smuggling of persons. The additional prohibited behaviors, removal of certain defenses to prosecution, and certain punishment enhancements could significantly expand the number of persons subject to prosecution under the offense of smuggling of persons. This expansion could result in a significant impact on state correctional agencies, though the impact's extent cannot be determined.

The provisions of the bill which create the new offense of continuous smuggling of persons are not anticipated to significantly impact state correctional populations, programs, or workloads.

In fiscal year 2014, 3,761 people were arrested, 348 were placed under felony community supervision, and 524 were admitted to state correctional institutions for the offense of engaging in organized criminal activity. There are many offenses eligible for prosecution under the offense of engaging in organized criminal activity, but no statewide data exist to indicate which specific offense was applicable to each person. The bill's provisions related to continuous smuggling of persons as an offense eligible for prosecution under the offense of engaging in organized criminal activity is not anticipated to significantly add to the population of people currently arrested or convicted under the existing engaging in organized criminal activity statute and is not expected to significantly impact state correctional populations, programs, or workloads.