Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1554 by Lozano (Relating to the prosecution and punishment of the smuggling of persons.), As Introduced
The provisions of the bill addressing felony sanctions would amend the Penal Code as it relates to the prosecution and punishment for the offense of smuggling of persons. Under the provisions of the bill, assisting, guiding, or directing multiple individuals to remain on agricultural land without the owner's consent would be punishable as a third degree felony. The bill would also enhance the penalty from a third degree to a second degree felony if the offense was committed with the intent to obtain pecuniary benefit and make knowingly possessing a firearm during the commission of the offense also a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years, and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, all felony level offenses are subject to an optional fine not to exceed $10,000.
Increasing the penalty for any offense or expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2016, 87 individuals were arrested, less than 10 were placed under felony community supervision, and less than 10 were admitted into state correctional institutions for smuggling of persons. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand of state correctional resources.