26 April 2023
TOPEKA (KSNT)— The Kansas House of Representatives have voted to revive a bill that creates the crimes of human smuggling and aggravated human smuggling.
The House voted 85-39 to override Governor Laura Kelly’s veto of House Bill 2350 today. The bill now goes to the Senate for consideration.
“This is a way that we can stand here and ensure those folks that argue that members of our community are not exploited for financial gain,” said Rep. Stephen Owens, a Republican from Hesston, who carried the bill in the House.
The bill defines the crime of human smuggling as intentionally transporting, harboring, or concealing an individual into or within Kansas when the person:
Knows, or should have known, that the individual is entering into or remaining in the United States illegally;
Benefits financially or receives anything of value; and
Knows, or should have known, that the individual being smuggled is likely to be exploited for the financial gain of another.
The bill makes the crime of human smuggling a severity level 5 person felony.
During hearings in March, a representative of BIDS testified as an opponent on the bill, expressing concerns related to the bill’s impact on Kansas courts and due process rights of vulnerable populations as well as potential legal challenges associated with the bill.