The bill would amend the Penal Code to change the name of the offense of smuggling of persons to the offense of unlawful smuggling or concealment of persons. The bill would include certain additional behaviors related to the smuggling of persons as punishable under the offense of unlawful smuggling or concealment of persons.  The bill would also enhance the punishment for this offense from a state jail felony to a second degree felony. Depending on the circumstances of the offense, certain persons would be subject to a minimum imprisonment term of 10 years.

A second degree felony is punishable by confinement in prison for two to 20 years and a state jail felony is punishable by confinement in a state jail for 180 days to two years. In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

In fiscal year 2014, 344 people were arrested, 24 were placed under felony community supervision, and 20 were admitted to state correctional institutions for the offense of smuggling of persons. Expanding the types of behaviors subject to criminal penalties and increasing felony punishment levels 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 state correctional institutions. However, based on analysis of current sentencing and release patterns, this analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.