Image Credit: Adelia Kirchner / The Tennessee Conservative
The Tennessee Conservative [By Adelia Kirchner] –
A bill that creates the offenses of human smuggling, harboring or hiding, and assisting another in harboring or hiding illegal immigrants that are known to have illegally entered or remained in the country passed by a 5-2 vote in the Senate Judiciary Committee on Tuesday.
Senate Bill 392 (SB0392), sponsored by Sen. Brent Taylor (R-Memphis-District 31), would create strong penalties for the crime of “human smuggling” which the bill defines as transporting, encouraging, or inducing ten or more adults (or five or more minors) to either illegally enter the state or to remain in Tennessee through the act of “concealing, harboring, or shielding.”
Sen. Taylor started off his comments in committee by stating what the bill does not do:
- It does not create a criminal liability to any individual or charitable organization that provides temporary shelter, food, or assistance to any individual whom they do not know or have reason to know has entered or remained in the United States illegally.
- It does not create criminal liability to an individual or charitable organization that provides an individual with transportation without any commercial advantage or private financial gain.
- It does not create criminal liability to any individual or charitable organization that provides an individual with transportation with the intent to conceal that individual from law enforcement.
- It does not create a criminal liability to any individual or charitable organization that encourages or induces an individual to enter or stay in Tennessee illegally.
Sen. Taylor went on to state that this bill will accomplish the following three things:
- The bill gives the Attorney General (AG) more tools to combat human trafficking. If the AG suspects that a business or individual is involved in human trafficking, they can obtain a court order to stop the activity, shut the business down completely, or appoint a receiver for the business.
- The bill creates a new crime of “human smuggling” for when somebody knowingly moves or hides illegal immigrants. This would be a Class E Felony. Smuggling a child under 13-years of age would be “aggravated human smuggling” which would be a Class A Felony.
- The bill cracks down on hiding illegal immigrants by making it a Class A Misdemeanor to hide or help hide illegal individuals from authorities.
SB0392 passed in the Senate Judiciary by a 5-2 vote and will go to the Senate Calendar Committee to be scheduled for a floor vote.
Republican Senators Bobby Harshbarger, Paul Rose, Brent Taylor, Dawn White, and Todd Gardenhire voted in favor of the bill.
Democrat Senators Sara Kyle and London Lamar voted against it.
The corresponding House Bill 0322 (HB0322), sponsored by Representative Chris Todd (R-Madison County-District 73), previously passed through the House Criminal Justice Subcommittee with a 7-2 vote and is scheduled to be heard in the House Judiciary Committee on Wednesday, April 9th.
HB0322/SB0392 Human Smuggling Bill Addresses Illegal Immigration
Rep.andrew.farmer@capitol.tn.gov, rep.elaine.davis@capitol.tn.gov, rep.rebecca.alexander@capitol.tn.gov, rep.fred.atchley@capitol.tn.gov, rep.gino.bulso@capitol.tn.gov, rep.clay.doggett@capitol.tn.gov, rep.rick.eldridge@capitol.tn.gov, rep.johnny.garrett@capitol.tn.gov, rep.torrey.harris@capitol.tn.gov, rep.gloria.johnson@capitol.tn.gov, rep.kelly.keisling@capitol.tn.gov, rep.william.lamberth@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.jason.powell@capitol.tn.gov, rep.dennis.powers@capitol.tn.gov, rep.lowell.russell@capitol.tn.gov, rep.gabby.salinas@capitol.tn.gov, rep.rick.scarbrough@capitol.tn.gov, rep.tom.stinnett@capitol.tn.gov, rep.chris.todd@capitol.tn.gov, rep.joe.towns@capitol.tn.gov, rep.ron.travis@capitol.tn.gov
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
