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Minutes for HB2350 - Committee on Corrections and Juvenile Justice
Short Title
Creating the crimes of human smuggling and aggravated human smuggling and providing penalties therefor.
Minutes Content for Wed, Feb 15, 2023
Chairperson Owens opened the hearing on HB2350. Natalie Scott provided an overview of the bill. (Attachment 1) Ms. Scott responded to questions from committee members.
Representative Carrie Barth, 5th District testified in support of the bill. She said there is no law in the state of Kansas for human smuggling. Franklin county has I-35 running through it coming from the border and is a gateway for human smuggling and human trafficking. (Attachment 2) Representative Barth responded to questions from committee members.
Representative Rebecca Schmoe, 59th District testified in support of the bill. She said we have an opportunity to take a much needed step in holding people accountable for their role in victimizing those who are being smuggled into and through Kansas. If the smuggler were to be moving drugs, they would be held accountable. However, since they are moving human beings instead of drugs, they are released without consequence. (Attachment 3) There were no questions for Representative Schmoe.
Robert Jacobs, Executive Director of the Kansas Bureau of Investigation testified in support of the bill. Mr. Jacobs said this bill will fill a gap in Kansas law. When looking at human trafficking and human smuggling, the big difference is the issue of consent. When we look at human smuggling, most often these are occurring in a consensual situation and that is the gap. (Attachment 4) There were no questions for Mr. Jacobs.
Jeff Richards, Franklin County Sheriff testified in support of the bill on behalf of Kansas Sheriffs Association, Kansas Peace Officer Association, Kansas Association of Chiefs of Police. Sheriff Richards shared an overview of two cases they dealt with in Franklin county. He said the purpose of sharing the stories was to point out that this is not just a border problem - it is here in Kansas as well. Human smuggling not only endangers the lives of those being smuggled - it poses a danger to citizens as well. (Attachment 5) Mr. Richards responded to questions from committee members.
Written only proponent testimony was submitted by:
- Brandon Jones, County Attorney, Franklin County Attorney's Office (Attachment 6)
- John Oelze, Executive Director, Hope Ranch for Women (Attachment 7)
There was no neutral testimony.
Jennifer Roth testified in opposition to the bill on behalf of the State Board of Indigent Defense Services (BIDS) Legislative Committee. Ms. Roth said that - as currently drafted - this bill would criminalize all kinds of everyday professional and humane acts that people do. HB2350 involves a legal determination based in federal law that lay people and even some attorneys are not equipped to make. For these reasons, the BIDS Legislative Committee opposes the bill. (Attachment 8) There were no questions for Ms. Roth.
Chairperson Owens closed the hearing on HB2350.
