CHAPTER 89
House Bill No. 2350
An Act concerning crimes, punishment and criminal procedure; relating to crimes against persons; creating the crimes of human smuggling and aggravated human smuggling; providing criminal penalties therefor.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) (1) Human smuggling is intentionally transporting, harboring or concealing an individual into or within Kansas when the person:
(A) Knows, or should have known, that the individual is entering into or remaining in the United States illegally;
(B) benefits financially or receives anything of value; and
(C) knows, or should have known, that the individual being smuggled is likely to be exploited for the financial gain of another.
(2) Aggravated human smuggling is human smuggling that:
(A) Is committed using a deadly weapon or by threat of use of a deadly weapon;
(B) causes bodily harm, great bodily harm or disfigurement to the individual being smuggled; or
(C) causes the individual being smuggled to become a victim of a sex offense described in article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or human trafficking as defined in K.S.A. 2022 Supp. 21-5426, and amendments thereto, or causes the person to commit selling sexual relations as defined in K.S.A. 2022 Supp. 21-6419, and amendments thereto.
(b) (1) Human smuggling is a severity level 5, person felony; and
(2) aggravated human smuggling is a severity level 3, person felony.
(c) This section shall be a part of and supplemental to the Kansas criminal code.
Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.
Governor’s veto overridden.
(See Messages from the Governor)
CERTIFICATE
In accordance with K.S.A. 45-304, it is certified that HB 2350, was not approved by the Governor on April 24, 2023. The bill was approved on April 26, 2023 by two-thirds of the members elected to the House of Representatives notwithstanding the objections of the Governor; was reconsidered by the Senate and approved on April 27, 2023 by two-thirds of the members elected to the Senate notwithstanding the objections, and the bill did pass and shall become law.
This certificate is made this 28th day of April 2023, by the President of the Senate and Secretary of the Senate and the Speaker of the House and Chief Clerk of the House.
Ty Masterson
President of the Senate
Corey Carnahan
Secretary of the Senate
Daniel R. Hawkins
Speaker of the House of Representatives
Susan W. Kannarr
Chief Clerk of the House of Representatives
