SB1408

THE CONTEXT: It is a criminal offense under current statute for a person to intentionally engage in the smuggling of human beings for profit or commercial purposes. This offense is generally classified as a class 4 felony, except in the following circumstances: 1) if the human being who is smuggled is under 18 years old and is not accompanied by a family member over 18 years old, and the offense involved a deadly weapon or dangerous instrument, the offense is a class 2 felony; and 2) if the offense involves the use or threatened use of deadly physical force, the offense is class 3 felony and the convicted person is not el...

WHAT THE BILL DID: The final vetoed version would add new section of statute creating a criminal offense for using a telephone or computer application or program to knowingly assist in the smuggling of human beings, classifies this offense as a class 2 felony without eligibility for suspension of sentence, probation, pardon or release on any basis, with certain exceptions, until the sentence is served, the person is eligible for community supervision or the sentence is commuted, and specifies that Chapter 10 of the criminal code, which concerns preparatory offenses, does not apply to this new offense.

WHY IT MATTERED: The practical reason for this bill was to make the government process for electronic applications more definite and accountable. It would add new section of statute creating a criminal offense for using a telephone or computer application or program to knowingly assist in the smuggling of human beings, and would also classifies this offense as a class 2 felony without eligibility for suspension of sentence, probation, pardon or release on any basis, with certain exceptions, until the sentence is served, the person is eligible for community supervision or the sentence is commuted, rather than leave the current rule unchanged.