SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2350
As Amended by Senate Committee on Judiciary

Brief*
HB 2350, as amended, would create the crimes of
human smuggling and aggravated human smuggling, provide
for criminal penalties, and make these provisions
supplemental to the Kansas Criminal Code (Code).

Crime of Human Smuggling
The bill would define the crime of human smuggling as
intentionally transporting, moving, concealing, harboring, or
shielding from detection an alien with knowledge or reckless
disregard of the fact that such alien has come to, entered, or
remains in the United States in violation of the law in
exchange for anything of value.
The bill would make the crime of human smuggling a
severity level 5 person felony.

Crime of Aggravated Human Smuggling
The bill would define “aggravated human smuggling” as
human smuggling that causes the individual being smuggled
to become a victim of a sex offense or a victim of human
trafficking, as those crimes are defined by the Code; or
causes the person to commit selling sexual relations, as that
crime is defined by the Code.

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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would make the crime of aggravated human
smuggling a severity level 3 person felony.

Exceptions to the Crimes
The bill would specifically exclude certain conduct from
the crimes, as follows:
● Transporting, moving, concealing, harboring, or
shielding from detection an alien that is expressly
permitted by federal law; or
● For a religious denomination with a bona fide
nonprofit religious organization in the United States
or the agents or officers of such denomination or
organization:
○ Encouraging, inviting, calling, allowing, or
enabling an alien who is present in the United
States to work as a minister or missionary for
the denomination or organization. The alien
could not be compensated other than the
provision of room, board, travel, medical
assistance, and other basic living expenses
and would require that the alien to have been
a member of the denomination or organization
that is associated with the volunteer work for
at least one year.
The bill would specify that the determination of whether
an alien has come to, entered, or remains in the United
States in violation of the law would be made by the federal
government in accordance with federal immigration law and
no state, county, or local law enforcement officer could
independently determine if such violation has occurred. The
bill would additionally specify that in determining a person’s
immigration status pursuant to the bill, a law enforcement
officer or agency could not consider a person’s race, color, or
national origin.

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Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representatives Barth and Schmoe.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 15, 2023,
Representatives Barth and Schmoe testified as proponents
on the bill, along with representatives of the Kansas Bureau
of Investigation (KBI); and Kansas Association of Chiefs of
Police, Kansas Peace Officers Association, and Kansas
Sheriffs Association. The proponents generally stated
individuals being smuggled are subject to abuse through a
loophole in the current law, and the bill would close that
loophole.
Written-only proponent testimony was provided by
representatives of the Franklin County Attorney’s Office and
Hope Ranch for Women.
Opponent testimony was provided by a representative
of the State Board of Indigents’ Defense Services (BIDS). The
opponent stated the bill, as introduced, would criminalize all
kinds of everyday professional and humane acts people do,
and human smuggling is currently a federal crime.
The House Committee amended the bill to:
● Modify the definition of human smuggling by
including the term “intentionally” as it applies to
transporting an individual;
● Expand human smuggling to include financial
benefits and knowledge that the smuggled
individual is likely being exploited for financial gain;


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 ● Modify the definition of aggravated human
smuggling to add the threat of use of a deadly
weapon; and
● Include statutory references to human trafficking
and selling of sexual relations to the elements of
aggravated human trafficking. [Note: The bill, as
introduced, includes sex offenses.]
Senate Committee on Judiciary
In the Senate Committee hearing on March 15, 2023,
Representatives Barth and Schmoe, the Attorney General, a
representative of the KBI, and a representative of the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, and Kansas Sheriffs Association testified as
proponents on the bill. The proponents provided similar
testimony to what was presented in the House hearing. In
addition, the Attorney General proposed an amendment to
make the bill conform more closely to federal law and thus
avoid potential legal challenges. Written-only proponent
testimony was submitted by the Franklin County Attorney and
a representative of the Hope Ranch for Women.
A representative of BIDS testified as an opponent on
the bill, expressing concerns related to the bill’s impact on
Kansas courts and due process rights of vulnerable
populations as well as potential legal challenges associated
with the bill.
On March 21, 2023, the Senate Committee amended
the bill to:
● Modify the definitions of “human smuggling” and
“aggravated human smuggling”;
● Add a provision excluding certain conduct from the
crimes created by the bill; and

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 ● Add a provision to specify the federal government
would make determinations of immigration status
as required by the bill.
On March 22, 2023, the Senate Committee
reconsidered the bill and adopted amendments to:
● Further clarify the definition of human smuggling;
and
● Further clarify the provision concerning the
determination of immigration status.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Sentencing
Commission estimates enactment of the bill would result in an
increase in prison admissions and bed space but the effect
could not be determined.
The Department of Corrections indicates enactment of
the bill would have no fiscal effect. The Office of Judicial
Administration (OJA) indicates enactment of the bill could
increase the number of cases filed in district court because
this bill creates two new crimes and could result in the
collection of docket fees for those cases. The OJA could not
estimate a fiscal effect until the Judicial Branch has had an
opportunity to operate under the provisions of the bill.
The Attorney General indicates enactment of the bill
could add criminal cases to the agency’s workload but could
not estimate a fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Crimes; aggravated human smuggling; human smuggling; Kansas Criminal Code


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