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HF 572

Chisholm; public works maintenance facility funding provided, bonds issued, and money appropriated.

2025-2026 Regular Session Introduced by Cal Warwas

HF 572 creates the Iowa crime smuggling of persons: paying to transport, conceal, or guide people violating federal immigration laws, with escalating Class C/B/A penalties.

Introduction and first reading, referred to Capital Investment
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Bill Summary · HF 572

Summary — HF 572 (2025): Establishing the criminal offense of smuggling of persons

Status and procedural history
- Introduced: February 24, 2025.
- Passed the Iowa House: March 20, 2025 (yeas 75, nays 14). Amendment H‑1134 adopted; amendment H‑1143 (religious‑organization exemption) was filed but later withdrawn.
- Committee: Referred to Judiciary; subcommittee recommended passage.
- Current status: Placed on calendar under unfinished business (April 10, 2025).

Purpose and intent
HF 572 creates a new state criminal offense titled “smuggling of persons” that targets persons who, for payment or anything of value, assist individuals in violating federal immigration laws by transporting, concealing/harboring, or guiding them onto agricultural land without owner consent. The bill sets criminal classifications and sentencing enhancements tied to the risk of harm, victims’ ages, financial motive, and associated firearms or sexual violence.

Key substantive provisions
- Elements of the offense (committed knowingly and for payment/anything of value) when involving a person in violation of federal immigration laws:
- Transporting an individual with intent to conceal or to flee from a peace officer attempting lawful arrest/detention.
- Concealing, harboring, or shielding a person to encourage/induce entry or remaining in the U.S. in violation of federal law.
- Assisting, guiding, or directing two or more individuals to enter or remain on agricultural land without the owner’s effective consent.
- Criminal classifications and aggravators:
- Default: Class C felony.
- Upgraded to Class B felony if any of the following: conduct creates substantial likelihood of serious bodily injury or death; the smuggled person is under 18; the actor acted to obtain pecuniary benefit; or the actor/participant/assisted person knowingly possessed a firearm during the offense.
- Upgraded to Class A felony if, as a direct result of the offense, the smuggled person was a victim of first‑ or second‑degree sexual abuse or suffered serious bodily injury or death.
- Affirmative defense: The bill provides an affirmative defense (except for offenses that produce a substantial likelihood of serious injury/death or those resulting in Class A charges) where the actor is related to the smuggled individual within the second degree of consanguinity or, at the time, within the second degree of affinity.
- Amendment H‑1134: changes wording to reference “a person in violation of federal immigration laws” (replacing language referring to “noncitizen individual”).
- Amendment H‑1143 (religious‑organization exemption) was withdrawn and is not part of the bill as adopted.

Who is affected
- Persons who transport, conceal/harbor, or direct individuals who are in violation of federal immigration laws — including commercial smugglers, facilitators, and potentially family members (subject to the affirmative defense). Agricultural landowners and law enforcement may be affected indirectly. The bill targets state criminal liability for conduct related to federal immigration violations.

Penalties and punishment
- Class C felony: up to 10 years’ imprisonment and a fine between $1,370 and $13,660.
- Class B felony: up to 25 years’ imprisonment.
- Class A felony: punishable by life imprisonment without parole (per current Iowa sentencing classifications referenced in the fiscal note).

Fiscal and correctional impact
- LSA Fiscal Notes (new and amended versions) state the correctional and fiscal impact cannot be precisely estimated due to lack of existing conviction data for the new offense.
- Estimated average State cost per conviction (from LSA): Class C — $14,900 to $25,600; Class B — $17,600 to $47,300; Class A — $199,400 to $203,600.
- Assumptions noted include a six‑month delay to first system entries, assumed county jail marginal cost of $50/day, and minimum indigent defense and trial cost estimates for serious felonies. Minority impact is undetermined.

Effective/next steps
- The bill has passed the House and is pending further action in the legislative calendar (placed under unfinished business). If advanced, it would require Senate consideration and final enactment to become law.

Compiled from official sources — confirm details with the bill’s official record.

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