SB 58 - This act creates two new provisions relating to illegal immigrants.INTERSTATE COMPACT FOR BORDER SECURITY ACT (Section 44.500)
The act creates the "Interstate Compact for Border Security Act".
The act gives authority to the Governor, with the legal assistance of the Attorney General, to negotiate and assist other states in an interstate compact for border security among interested states in securing the United States-Mexico border.
Any interstate compact that may be developed and executed under the authority of this act shall, in order to take effect, represent a voluntary association of sovereign states of the United States of America, with the understanding that any such interstate compact shall not in any way increase the political authority of the compacting states in relation to the federal government or in any other manner that violates the Constitution of the United States of America.
Once the Governor, with the assistance of the Attorney General, negotiates and assists with preparation and finalization of the compact to secure the United States-Mexico border, the Governor shall promptly submit the Interstate Compact for Border Security to the General Assembly for approval and the appropriation of necessary funds to fulfill the purposes provided for in this act.
OFFENSE OF IMPROPER ENTRY (Section 577.690)
This act creates the offense of improper entry by an alien. A person commits the offense of improper entry by an alien if the person enters this state at a time when they are unlawfully present in this country under federal law.
The offense of improper entry by an alien is punishable by a fine of $10,000 and shall be subject to an order of removal to a federal port of entry, as provided in the act. For all subsequent offenses, the offense is a class E felony, subject to a term of imprisonment of 1-7 years and a $10,000 fine and additionally shall be subject to an order of removal to a federal port of entry upon the completion of any prison term.
The act allows any law enforcement officer whose duty it is to enforce criminal laws to arrest or detain such person upon probable cause that a person who has violated this act.
This provision is identical to SB 1520 (2024) and a provision in SB 1372 (2024) and substantially similar to SB 1331 (2024).
OFFENSE OF AGGRAVATED ILLEGAL PRESENCE (Section 577.695)
The act creates the offense of aggravated illegal presence. A person commits the offense of aggravated illegal presence if, while in violation of federal law, he or she is arrested for any violation of Missouri law. The offense of aggravated illegal presence is a class E felony, provided that if the underlying arrest is a felony, the offense of aggravated illegal presence is a class D felony and if the underlying arrest is a dangerous felony, the offense of aggravated illegal presence is a class B felony.
SCOTT SVAGERA