Bills › 91st General Assembly
Establishing the criminal offense of the smuggling of persons, and providing penalties
Topics:Crime & corrections
Same legislation: HF 572
Where it is now
- Done: IntroducedJanuary 15, 2025
- Done: SubcommitteeJanuary 15, 2025
- Done: House committeeFebruary 20, 2025
- Skipped: Passes the HouseContinued as HF 572
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 572 → Its progress continues under the new number. Go to HF 572 What’s a funnel?
What’s in it
AI summary Iowa would create a new crime called smuggling of persons for anyone who helps a noncitizen enter or stay in the country for money or other benefits. This includes hiding people in vehicles, guiding them onto private farmland, or helping them avoid law enforcement. The crime becomes more serious and carries harsher penalties if a person is injured, killed, or sexually abused during the process.1
Read the official explanation
This bill establishes the criminal offense of the smuggling of persons. The bill provides that a person commits the offense of smuggling of persons when the person knowingly, for payment or some other benefit, does any of the following involving a noncitizen individual: uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to conceal the individual from a peace officer or flees from a person the actor knows is a peace officer attempting to lawfully arrest or detain the actor; encourages or induces a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection, or assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. _____ intent to obtain a pecuniary benefit; or during the commission of the offense, the actor, another party to the offense, or another individual assisted, guided, or directed by the actor knowingly possessed a firearm.3; or if the smuggled individual suffered serious bodily injury or death. The bill provides that it is an affirmative defense to prosecution of the offense of smuggling persons, other than an offense committed in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death, or violations resulting in a class “A” felony charge, that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
Changed since by amendment H-1134; see Amendments.
House subcommittee
Named January 15, 2025. On January 22, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
48 written public comments to its subcommittee: April 1, 2025 (47), January 22, 2025 (1) · on the Legislature’s site
Fiscal note
AI summary This bill establishes the criminal offense of smuggling of persons and provides penalties for different levels of the crime. The fiscal impact cannot be determined because the bill creates new offenses, though the average state cost for a Class A felony ranges between $199,400 and $203,600. Estimated costs for Class B felonies range from $17,600 to $47,300 and Class C felonies range from $14,900 to $25,600, affecting the state's General Fund through the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 572 establishes the criminal offense of smuggling of persons and provides penalties. Under the Bill, a person commits the offense of smuggling of persons when the person knowingly, for payment or anything of value, does any of the following involving a person in violation of federal immigration laws:
- Transports an individual with the intent to conceal the individual from a peace officer or flee from a peace officer attempting to lawfully arrest or detain the actor;
- Encourages or induces a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection; or
- Assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
The Bill provides that smuggling of persons is a Class C felony; however, the offense is a Class B felony if any of the following occurs:
- The person commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death;
- The person smuggled an individual who is a child younger than 18 years of age at the time of the offense;
- The person committed the offense with the intent to obtain a pecuniary benefit; or
- During the commission of the offense, the actor; another party to the offense; or another individual assisted, guided, or directed by the actor knowingly possessed a firearm. The Bill provides that a violation is a Class A felony under any of the following circumstances:
- If, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual abuse in the first degree under Iowa Code section 709.2 or sexual abuse in the second degree under Iowa Code section 709.3; or
- If the smuggled individual suffered serious bodily injury or death.
Background
A Class A felony is punishable by confinement for life in prison without the possibility of parole. A Class B felony is punishable by confinement for no more than 25 years. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but no more than $13,660.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
- At a minimum, Class A felonies require two indigent defense attorneys at a cost of approximately $44,000 and include court time and jury trial costs ranging from $10,000 to $14,000.
Correctional Impact
House File 572 creates new criminal offenses, and the correctional impact cannot be estimated due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and marginal costs per day for Class B and Class C felonies. A Class A felony is punishable by confinement for life in prison without the possibility of parole. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.
Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months
Minority Impact
House File 572 creates new criminal offenses, and as a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to determine the minority impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 572 creates new criminal offenses, and the fiscal impact cannot be determined. Figure 2 shows the average State cost per offense for a Class B felony and a Class C felony. The average State cost for a Class A felony ranges between $199,400 and $203,600. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. The costs would be incurred across multiple fiscal years for prison and parole supervision.
Figure 2 — Average State Cost Per Offense
Offense Class Average Cost
Class B Felony $17,600 to $47,300 Class C Felony $14,900 to $25,600Conviction Offense Class
Percent
Ordered to
State Prison
FY 2024 Avg
LOS in
Prison (All Releases)
Marginal
Cost Per
Day Prison
Percent
Ordered to
Probation
FY 2024
Field Avg
LOS on
Probation
Avg Cost
Per Day on
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY 2024
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
B Felony (Persons) 97.9% 80.1 $24.51 14.7% 45.5 $7.68 $18.37 $50.00 39.3 $7.68 C Felony (Persons) 89.8% 37.8 $24.51 35.9% 43.4 $7.68 $18.37 $50.00 21.3 $7.68
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)
- Smuggling of Persons, Criminal Offense · March 24, 2025
- Smuggling of Persons, Criminal Offense · March 19, 2025
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Study bill
91st General Assembly
Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- HF 2608 Relating to unlawful activities, including those related to state residency and citizenshi…90th General Assembly · Passed House · similarPassed a chamber
Matched by wording or an identical title.