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Bill Increasing Penalties For Transporting Illegal Aliens Is Dead In Both Chambers Of The Tennessee General Assembly

Image Credit: capitol.tn.gov & Martin Leveneur / CC

The Tennessee Conservative [By Paula Gomes] –

House Bill 2078 (HB2078), sponsored by Representative Bryan Richey (R-Maryville-District 20), and Senate Bill 2802 (SB2082), sponsored by Senator Joey Hensley (R-Hohenwald-District 28), would have increased penalties for the transportation of illegal aliens into the state by amending a current statute and raising the fine from $1,000 to $5,000 per individual.

Earlier this month, the bill was introduced with an amendment allowing for certain exceptions and to “remove immunity for common carriers.” The Department of Children’s Services, law enforcement officials, and the Department of Corrections would all have been granted exceptions while acting in an official capacity.

Yesterday, during the Senate Judiciary Committee, SB2082 failed after a roll call vote was taken resulting in five members voting no and four voting yes. Three Republicans joined the two Democrats on the committee in killing the bill.

Before the vote, two amendments were added to the bill. The first from Hensley added a provision that the person charged with transporting an illegal alien into the state had to know that the individual they were aiding did not have legal status to be in the United States.

The second amendment came from Chair Todd Gardenhire (R-Chattanooga-District 10) who said that he had been contacted by many constituents who desired to see a penalty “so draconian” that no-one would be tempted to assist in the transportation of illegal immigrants into the state. Gardenhire’s amendment would have made the act a Class A felony. According to Legal, this could mean fifteen to sixteen years in jail and up to $50 thousand in fines.

Gardenhire then addressed the committee saying that the bill would go behind the budget if it received enough votes due to its large fiscal note but that he hoped the bill would be voted down.

Gardenhire then voted no along with Senators Sara Kyle (D-Memphis-District 30), London Lamar (D-Memphis-District 33), Jon Lundberg (R-Bristol-District 4), and Kerry Roberts (R-Springfield-District 23).

Senators voting for the bill were Paul Rose (R-Covington-District 32), John Stevens (R-Huntingdon-District 24), Brent Taylor (R-Memphis-District 31), and Vice-chair Dawn White (R-Murfreesboro-District 13). 

During the House Criminal Justice Committee later in the day, there was some confusion over a new amendment which led to Richey asking for the bill to be rolled one week.

The Tennessee General Assembly’s website later marked the bill as having been taken off notice.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.

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