HB4433 HFA Akers 2-25 #1 revised

WRV 3133

Delegate Akers moved to amend the Senate committee amendment as amended on page 3, section 1, line 51, by striking lines 51 through 61 in their entirety and inserting in lieu thereof the following:

“(6)(A) "Human Smuggling", "smuggling", or "smuggles" means knowingly and willfully transporting, transferring, receiving, isolating, enticing, or harboring an illegal alien for the purposes of avoiding enforcement of the laws of this state, another state, or the United States.

(B) The term “human smuggling” under this article does not apply to:

(i) The voluntary transportation of an illegal alien by an immediate family member;

(ii) Any person acting within the scope of employment, or hired or contracted, by the federal government or another state, who is acting in a manner consistent with the laws of this state and the United States, and who is transporting an illegal alien through this state; or

(iii) Any person acting within the scope of his or her lawful employment or fulfilling a lawful contractual duty who is providing advocacy and shelter services required by 28 C.F.R. 90.4(c), 28 C.F.R. § 94.103(a), 28 C.F.R. § 94.116, and 45 C.F.R. 1370.2: Provided, That the person is not knowingly and willfully attempting to evade enforcement of the laws of this state, another state, or the United States.

(C) Any illegal alien being transported through this state shall not be transported to this state for permanent placement.”

Adopted

Rejected