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Be it enacted by the General Assembly of the Commonwealth of Kentucky:
‘D>SECTION 1. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
READ AS FOLLOWS:
As used in Sections I to 8 of this Act, unless the context requires otherwise:
GQ) "Alien" ieans a person who is not a citizen of the United States;
(2)__"Family member" means the person's parent, srandparent, sibling, or oi
AN ACT relating to unauthorized aliens.
person who is related to the person by consanguinity or affinity to the second
degree;
» QB) "Government" or "governmental" means the Kentucky state government or any
city, county, charter county, urban-county government, unified local government,
or consolidated local government;
"Law enforcement official" means any governmental elected or nonelected
person who possesses the powers of a peace officer;
Gi "Procurement of transportation" means any participation in or facilitation of
transportation and includes:
(a) Providing services that facilitate transportation, including travel
arrangement services or money transmission services: and
(b)__ Providing property that facilitates transportation, including a weapon,
vehicle or other means of transportation, false identification, or selling,
leasing, renting, or otherwise making available a location at which a person
may go to be smuggled:
6) "Smugele" or "si ling" means the transportation, procurement 9)
tr ortation, or use of personal or real property by a person or an entity that
knows or has reason to inow that the person or persons transported or to be
transported are not United States citizens, permanent resident aliens, or persons
otherwise lawfully in this state or who have attempted to enter, entered, or
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remained in the United States in violation of law:
("Unauthorized alien" means an_alien who does not have the legal right or
authorization under federal law to work in the United States as described in &
13A5 (a)
U.S.C. sec. F243).
SECTION 2. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
READ AS FOLLOWS:
Sections 1 to 8 of this Act shall be implemented in a manner consisten with
federal laws regulating immigration, protecting the civil rights of all persons, and
respecting the privileges and immunities of United States citizens.
@)__No governmental official or agency may adopt a policy, ordinance, resolution,
adininistrative regulation under KRS Chapter 134, or law that limits or restricts
the enforcement of federal immigration laws to less than the full extent permitted
by federal law.
SECTION 3. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
READ AS FOLLOWS:
For any lawful contact made by a governmental law enforcement official or
governmental agency where reasonable suspicion exists that a person is an
unauthorized alien, @ reasonable gttempt shall be made, when practicable, to
determine the immigration status of the person. The person's immigration status
Shall be verified with the federal government under 8 U.S.C. sec. 13 73(¢),
(2)__A governmental law enforcement officer may, without a warrant, arrest @ person
if the officer has probable cause to believe that the person has committed any
crime that makes the person removable from the United States.
3). Notwithstanding any other law to the contrary, a governmental tow enforcement
agency may securely transport an unauthorized alien to a federal facility in this
State or to any other point of transfer into federal custody that is outside the
iurisdiction of the governmental law enforcement agency,
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(4) If an unauthorized alien is convicted of a violation of state or local law, on
discharge from imprisonment or assessment. ¢ that OSE
ien, the unauthorized alien shall be transferred i dit to the custo:
of the United States Immigration and Customs Enforcement or the United States
Customs and Border Protection, or their successor agencies.
SECTION 4. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
READ AS FOLLOWS:
Except rovided in federal law, governmental officials or agencies may not be
hibited, or in any we estricted, from sending, receiving, or maintainin,
information relating to the immigration status of any person, or exchanging that
information with other federal, state, or local governmental entity for the followin:
purposes:
I) Determining eligibility for ublic benefit, service, or license provided by an
government or the federal government;
Q)._Verifving any claim of residence or domicile if determination of residence or
domicile is required under the laws of this state or a judicial order issued
pursuant to a civil or criminal proceeding in this state;
GB) Confirming the identity of any person who is detained; and
@._If the person is an alien, determining whether the person is in compliance with
the federal registration laws prescribed by Title 11, Chapter 7 of the federal
Immigration and Nationality Act.
"SECTION 5. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
READ AS FOLLOWS:
' A governmental law enforcement officer shall be indemnified by the governmental law
enforcement's agency against reasonable costs and expenses, including attorneys fees,
incurred by the officer in connection with any action, suit, or proceeding brought
under Sections 1 to 8, and 9 of this Act to which the officer may be @ party by reason of
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the officer being or having been a member of the governmental law enforcement
2 agency, except in matters in which the officer is adjudged to have acted in bad faith.
3 ‘SECTION 6. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
4 READ AS FOLLOWS:
5 ()__A person is guilty of smuggling persons for profit or co ial purpose when
6 he or she smuggles a person for remuneration,
7 Q)_A_violation of this section is a Class D felony, except that « violation of this
8 section is:
9 @)_A Class B felony if:
10 L.__The person who is smugeled is under eighteen (18) vears of age and is
11 not accompanied by a family member over eighteen (18) years of age;
12 or
13 2. The offense involved the use of a deadly weapon or dangerous
14 instrument as defined in KRS 500.080: or
15 ' (b)__A Class C felony if the offense involves the use or threatened use of serious
16 physical injury.
17 (3). A person convicted under subsection (1) or (2) of this section shall serve his or
18. her entire sentence and is not eligible for suspension of sentence, probation,
19 shock probation, conditional discharge, parole, or any other form of early release
20 from confinement under KRS 197.045 or any other statute.
2) (4) __A person char: der subsection (1) or (2) of this section shall not be eligible
22 for pretrial diversion.
23 5) vernmental law enforcement official lawfully sto) erson who is
24 overating 4 motor yehicle if the official has reasonable suspicion to believe the
25 person is in violation of any civil traffic law and this section.
26 ‘DSECTION 7. A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
27 READ AS FOLLOWS:
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ion to any violation of federal law, on is guilty of trespassin, an
unauthorized alien in the first degree if the person:
(@)__Js present on any public or private land in this state: anit
(6) __Is in violation of 8 U.S.C. sec. $304(c) or 1306(a).
‘2)_..4n the enforcement of this section, the final determination of an alien's
inunigration status shall be determined by:
{@)__A governmental law enforcement official who is authorized by the federal
government to verify or ascertain an alien's immigration status; or _
b) A governmental law enforcement official or agency communicating with
the United States Immigration and Customs Enforcement or the United
States Border Protection or their successor agencies pursuant to 8 USC.
see, 1373c), :
G)__ Other than allowed by the Kentucky Constitution, a person who is sentenced
pursuant to this section is not eligible for suspension or commutation of sentence
or release on any basis until the sentence imposed is served.
@_. In addition to any other penalty prescribed by law, the court shall order the
person convicted under subsection (1) of this section to pay jail costs and an
additional assessment in the following amounts:
(@)__ Five hundred dollars (3500) for a first violation; and
)__ One thousand dollars (81,000) for a second or subsequent violation,
(3) This section does not apply to a person who maintains authorization from the
federal government to remain in the United States.
@)__Trespassing by an unauthorized alien in the first degree is a Class A
misdemeanor, except that @ violation of this section is:
@__A Class D felony if the person violates this section while in possession of
any of the following:
L.
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prescription:
2.__A deadly weapon or dangerous instrument as defined in KRS 500.080;
or
3.___Property that is used for the purpose of committing an act of terrorism
as defined in 18 U.S.C. secs. 233] et seq.; or
(i) __A Class C felony if the person:
i. __Is convicted of a second or subse violation of this section: or
2.___Within sixty (60) months before the violation, has been removed from
the United States under 8 U.S.C. sec. 1229a, or has accepted a
10 voluntary removal from the United States pursuant to 8 U.S.C. sec.
Mo
12 SECTION 8 A NEW SECTION OF KRS CHAPTER 432 IS CREATED TO
13. READ AS FOLLOWS:
14 (@__ A person is guilty of assisting an illegal alien when he or she:
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15 (a). Transports, moves, or attempts to transport or move, an unauthorized alien
16 in. means of transportation if the person knows or recklessly disregards
i7 the fact that the unauthorized alien has come to, entered, or remains in the
18 . United States in violation of law; -
19 (6)__Conceals, harbors, shields, or attempts to conceal, harbor, or shield an
20 unauthorized alien from detection in any place in this state, including any
21 building or any means of transportation, if the person knows or recklessly
22 disregards the fact that the unauthorized alien has come to, entered, or
23 remains in the United States in violation of law: or
24 (c)_ Encourages or induces an unauthorized alien to come to, or reside in, this
25 State if the person knows or recklessly disregards the fact hat such coming
26 to, entering, or residing in this state is. or will be, in violation of law.
27 =(2)__A_means of transportation that is used in the commission of a violation of this
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ection shall be impo by the arresting officer under KRS 186A.320.
a
on who violates this section shall be guilty of a Ctass A misde) Ye
except that a violation of this section that involves ten (10) or more unauthorized
aliens shall be a Class D felony and, for fine purposes only, the fine shall apply to
each unauthorized alien.
4) In addition to the penalties specified in subsection (3) of this section, the person
shall be subject to paying the additional assessment described in subsection (4) of
tit y! this Act.
PSection 9. KRS 186A.320 is amended to read as follows:
(1) When any peace officer has probable cause to believe that a motor vehicle or trailer,
or any component part of such vehicle is stolen, or that the motor yehicle was used
in the commission of a violation of Section 8 of this Act, he shall impound such
vehicle or part and notify its lawful owner, and when applicable, the agency to
which the theft was reported, of the recovery of such vehicle or part and where it
tay be claimed. 7
(2) A vehicle or component part thereof which has been impounded pursuant to this
section shall be released to its lawful owner when such owner presents satisfactory
evidence of his ownership.
(3) A vehicle or component part thereof that has been impounded under this section,
and which has not been claimed within ninety (90) days following notice of
recovery to the owner, or if the owner cannot be located after a reasonable effort,
within ninety (90) days following impoundment, is forfeited and shall be disposed
of in accordance with procedures set forth in KRS 500.090.
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