Bill Text: IA HF2608 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to unlawful activities, including those related to state residency and citizenship requirements in determining eligibility for public assistance, and the smuggling of persons, and providing penalties.(Formerly HF 2112.)
Spectrum: Committee Bill
Status: (Engrossed) 2024-03-12 - Subcommittee recommends amendment and passage. []. [HF2608 Detail]
Download: Iowa-2023-HF2608-Introduced.html
House
File
2608
-
Introduced
HOUSE
FILE
2608
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2112)
A
BILL
FOR
An
Act
relating
to
unlawful
activities,
including
those
1
related
to
state
residency
and
citizenship
requirements
2
in
determining
eligibility
for
public
assistance,
and
the
3
smuggling
of
persons,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2608
DIVISION
I
1
STATE
RESIDENCY
AND
CITIZENSHIP
REQUIREMENTS
FOR
PUBLIC
2
ASSISTANCE
3
Section
1.
NEW
SECTION
.
239.12
Residency
and
citizen
4
requirements
for
public
assistance
——
verification
of
noncitizen
5
status
through
the
systematic
alien
verification
for
entitlements
6
program.
7
1.
The
department
shall
require
that
all
noncitizen
8
applicants,
who
are
identified
as
noncitizens
on
their
9
application,
document
and
verify
their
noncitizen
status.
The
10
department
shall
determine
from
the
documentation
obtained
11
if
the
person
is
a
noncitizen
who
may
be
eligible
to
receive
12
public
assistance.
Only
a
noncitizen
who
is
both
a
resident
13
of
Iowa
and
is
a
qualified
alien
shall
be
eligible
for
public
14
assistance.
15
2.
The
department
shall
also
verify
the
immigration
status
16
of
all
noncitizen
applicants
through
the
systematic
alien
17
verification
for
entitlements
program
administered
by
the
18
United
States
department
of
homeland
security.
19
3.
For
the
purposes
of
this
section:
20
a.
“Qualified
alien”
means
the
same
as
defined
in
8
U.S.C.
21
§1641.
22
b.
“Resident”
means
a
person
who
is
living
in
the
state
with
23
the
intent
to
remain
permanently
or
for
an
indefinite
period.
24
DIVISION
II
25
SMUGGLING
OF
PERSONS
26
Sec.
2.
NEW
SECTION
.
710.12
Smuggling
of
persons.
27
1.
A
person
commits
the
offense
of
smuggling
of
persons
when
28
the
person
knowingly,
for
payment
or
some
other
benefit,
does
29
any
following
involving
a
noncitizen
individual:
30
a.
Uses
a
motor
vehicle,
aircraft,
watercraft,
or
other
31
means
of
conveyance
to
transport
an
individual
with
the
intent
32
to:
33
(1)
Conceal
the
individual
from
a
peace
officer.
34
(2)
Flee
from
a
person
the
actor
knows
is
a
peace
officer
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2608
attempting
to
lawfully
arrest
or
detain
the
actor.
1
b.
Encourage
or
induce
a
person
to
enter
or
remain
in
2
the
United
States
in
violation
of
federal
law
by
concealing,
3
harboring,
or
shielding
that
person
from
detection.
4
c.
Assist,
guide,
or
direct
two
or
more
individuals
to
enter
5
or
remain
on
agricultural
land
without
the
effective
consent
6
of
the
owner.
7
2.
An
offense
under
this
section
is
a
class
“C”
felony,
8
except
that
the
offense
is:
9
a.
A
class
“B”
felony
if
the
person
or
other
party
as
10
specified
does
any
of
the
following:
11
(1)
The
person
commits
the
offense
in
a
manner
that
creates
12
a
substantial
likelihood
that
the
smuggled
individual
will
13
suffer
serious
bodily
injury
or
death.
14
(2)
The
person
smuggles
an
individual
who
is
a
child
younger
15
than
eighteen
years
of
age
at
the
time
of
the
offense.
16
(3)
The
person
commits
the
offense
with
the
intent
to
obtain
17
a
pecuniary
benefit.
18
(4)
During
the
commission
of
the
offense,
the
actor,
another
19
party
to
the
offense,
or
an
individual
assisted,
guided,
or
20
directed
by
the
actor
knowingly
possessed
a
firearm.
21
b.
A
class
“A”
felony
under
any
of
the
following
22
circumstances:
23
(1)
If
as
a
direct
result
of
the
commission
of
the
offense,
24
the
smuggled
individual
became
a
victim
of
sexual
abuse
in
the
25
first
degree
under
section
709.2
or
sexual
abuse
in
the
second
26
degree
under
section
709.3.
27
(2)
If
the
smuggled
individual
suffered
serious
bodily
28
injury
or
death.
29
3.
It
is
an
affirmative
defense
to
prosecution
of
an
offense
30
under
this
section,
other
than
an
offense
punishable
under
31
subsection
2,
paragraph
“a”
,
subparagraph
(1),
or
subsection
32
2,
paragraph
“b”
,
that
the
actor
is
related
to
the
smuggled
33
individual
within
the
second
degree
of
consanguinity
or,
at
the
34
time
of
the
offense,
within
the
second
degree
of
affinity.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
unlawful
activities,
including
those
4
related
to
requirements
for
public
assistance
and
to
the
5
smuggling
of
persons.
6
Division
I
of
the
bill
relates
to
state
residency
and
7
citizenship
requirements
for
public
assistance.
The
bill
8
provides
that
the
department
of
health
and
human
services
9
(HHS)
shall
require
that
all
noncitizen
applicants
for
10
public
assistance,
who
are
identified
as
noncitizens
on
their
11
application,
document
and
verify
their
noncitizen
status.
12
HHS
shall
determine
from
the
documentation
obtained
if
the
13
person
is
a
noncitizen
who
may
be
eligible
to
receive
public
14
assistance,
and
such
a
noncitizen
shall
only
be
eligible
for
15
public
assistance
if
the
person
is
both
a
resident
of
Iowa
16
and
a
qualified
alien
as
defined
under
federal
law.
The
bill
17
also
requires
HHS
to
verify
the
immigration
status
of
all
18
noncitizen
applicants
through
the
systematic
alien
verification
19
for
entitlements
program
administered
by
the
United
States
20
department
of
homeland
security.
The
bill
defines
“qualified
21
alien”
and
“resident”
for
the
purposes
of
the
bill.
22
Division
II
of
the
bill
provides
that
a
person
commits
the
23
offense
of
smuggling
of
persons
when
the
person
knowingly,
24
for
payment
or
some
other
benefit,
does
any
of
the
following
25
involving
a
noncitizen
individual:
uses
a
motor
vehicle,
26
aircraft,
watercraft,
or
other
means
of
conveyance
to
transport
27
an
individual
with
the
intent
to
conceal
the
individual
from
a
28
peace
officer
or
flees
from
a
person
the
actor
knows
is
a
peace
29
officer
attempting
to
lawfully
arrest
or
detain
the
actor;
30
encourages
or
induces
a
person
to
enter
or
remain
in
the
United
31
States
in
violation
of
federal
law
by
concealing,
harboring,
32
or
shielding
that
person
from
detection,
or
assists,
guides,
33
or
directs
two
or
more
individuals
to
enter
or
remain
on
34
agricultural
land
without
the
effective
consent
of
the
owner.
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2608
The
bill
provides
that
smuggling
of
persons
is
a
class
“C”
1
felony,
except
that
the
offense
is
a
class
“B”
felony
if
the
2
person
or
other
party
specified
in
the
bill
does
any
of
the
3
following:
the
person
commits
the
offense
in
a
manner
that
4
creates
a
substantial
likelihood
that
the
smuggled
individual
5
will
suffer
serious
bodily
injury
or
death;
the
person
smuggled
6
an
individual
who
is
a
child
younger
than
18
years
of
age
at
the
7
time
of
the
offense;
the
person
committed
the
offense
with
the
8
intent
to
obtain
a
pecuniary
benefit;
or
during
the
commission
9
of
the
offense,
the
actor,
another
party
to
the
offense,
10
or
another
individual
assisted,
guided,
or
directed
by
the
11
actor
knowingly
possessed
a
firearm.
The
bill
provides
that
12
a
violation
is
a
class
“A”
felony
under
any
of
the
following
13
circumstances:
if
as
a
direct
result
of
the
commission
of
the
14
offense,
the
smuggled
individual
became
a
victim
of
sexual
15
abuse
in
the
first
degree
under
Code
section
709.2
or
sexual
16
abuse
in
the
second
degree
under
Code
section
709.3;
or
if
the
17
smuggled
individual
suffered
serious
bodily
injury
or
death.
18
The
bill
provides
that
it
is
an
affirmative
defense
to
19
prosecution
of
the
offense
of
smuggling
persons,
other
than
20
an
offense
committed
in
a
manner
that
creates
a
substantial
21
likelihood
that
the
smuggled
individual
will
suffer
serious
22
bodily
injury
or
death,
or
violations
resulting
in
a
class
23
“A”
felony
charge,
that
the
actor
is
related
to
the
smuggled
24
individual
within
the
second
degree
of
consanguinity
or,
at
the
25
time
of
the
offense,
within
the
second
degree
of
affinity.
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