HF 2112 (LSB 5653YH (4) 90)

HOUSE FILE 2112

BY  HOLT, WHEELER, GERHOLD, JENEARY, GEHLBACH, COLLINS, GOLDING, JOHNSON, MOMMSEN, HENDERSON, STOLTENBERG, FISHER, HAYES, M. THOMPSON, CARLSON, WILLS, MOORE, BRADLEY, and STONE

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STATE RESIDENCY AND CITIZENSHIP REQUIREMENTS FOR PUBLIC ASSISTANCE

    Section 1.  NEW SECTION.  239.12  Residency and citizen requirements for public assistance —— verification of noncitizen status through the systematic alien verification for entitlements program.
   1.  The department shall require that all noncitizen applicants, who are identified as noncitizens on their application, document and verify their noncitizen status. The department shall determine from the documentation obtained if the person is a noncitizen who may be eligible to receive public assistance. Only a noncitizen who is both a resident of Iowa and is a qualified alien shall be eligible for public assistance.
   2.  The department shall also verify the immigration status of all noncitizen applicants through the systematic alien verification for entitlements program administered by the United States department of homeland security.
   3.  For the purposes of this section:
   a.  “Qualified alien” means the same as defined in 8 U.S.C. §1641.
   b.  “Resident” means a person who is living in the state with the intent to remain permanently or for an indefinite period. 
DIVISION II
SMUGGLING OF PERSONS

    Sec. 2.  NEW SECTION.  710.12  Smuggling of persons.
   1.  A person commits the offense of smuggling of persons when the person knowingly does any of the following:
   a.  Uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
   (1)  Conceal the individual from a peace officer.
   (2)  Flee from a person the actor knows is a peace officer attempting to lawfully arrest or detain the actor.
   b.  Encourage or induce a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection.
   c.  Assist, guide, or direct two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
   2.  An offense under this section is a class “C” felony, except that the offense is:
   a.  A class “B” felony if the person or other party as specified does any of the following:
   (1)  The person commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death.
   (2)  The person smuggles an individual who is a child younger than eighteen years of age at the time of the offense.
   (3)  The person commits the offense with the intent to obtain a pecuniary benefit.
   (4)  During the commission of the offense, the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm.
   b.  A class “A” felony under any of the following circumstances:
   (1)  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 section 709.2 or sexual abuse in the second degree under section 709.3.
   (2)  If the smuggled individual suffered serious bodily injury or death.
   3.  It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under subsection 2, paragraph “a”, subparagraph (1), or subsection 2, paragraph “b”, 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to unlawful activities, including those related to requirements for public assistance and to the smuggling of persons.
   Division I of the bill relates to state residency and citizenship requirements for public assistance. The bill provides that the department of health and human services (HHS) shall require that all noncitizen applicants for public assistance, who are identified as noncitizens on their application, document and verify their noncitizen status. HHS shall determine from the documentation obtained if the person is a noncitizen who may be eligible to receive public assistance, and such a noncitizen shall only be eligible for public assistance if the person is both a resident of Iowa and a qualified alien as defined under federal law. The bill also requires HHS to verify the immigration status of all noncitizen applicants through the systematic alien verification for entitlements program administered by the United States department of homeland security. The bill defines “qualified alien” and “resident” for the purposes of the bill. 
   Division II of the bill provides that a person commits the offense of smuggling of persons when the person knowingly does any of the following: 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.
   The bill provides that smuggling of persons is a class “C” felony, except that the offense is a class “B” felony if the person or other party specified in the bill does any of the following: 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 Code section 709.2 or sexual abuse in the second degree under Code section 709.3; 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.