FIRST REGULAR SESSION
SENATE BILL NO. 137
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0439S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 513.605, RSMo, and to enact in lieu thereof two new sections relating to illegal
immigrants, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 513.605, RSM o, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
513.605 and 577.690, to read as follows:3
513.605. As used in sections 513.600 to 513.645, 1
unless the context clearly indicates otherwise, the 2
following terms mean : 3
(1) (a) "Beneficial interest": 4
a. The interest of a person as a beneficiary under any 5
other trust arrangement pursuant to which a trustee holds 6
legal or record title to real property for the benefit of 7
such person; or 8
b. The interest of a person under any other form of 9
express fiduciary arrangement pursuant to which any other 10
person holds legal or record title to real property for the 11
benefit of such person; 12
(b) "Beneficial interest" does not include the 13
interest of a stockholder in a corporation or the interest 14
of a partner in either a general partnership or limited 15
partnership. A beneficial interest shall be deemed to be 16
located where the real property owned by the trustee is 17
located; 18 SB 137 2
(2) "Civil proceeding", any civil suit commenced by an 19
investigative agency under any provision of sections 513.600 20
to 513.645; 21
(3) "Criminal activity" is the commission, attempted 22
commission, conspiracy to commit, or the solicitation, 23
coercion or intimidation of another p erson to commit any 24
crime which is chargeable by indictment or information under 25
the following Missouri laws: 26
(a) Chapter 195, relating to drug regulations; 27
(b) Chapter 565, relating to offenses against the 28
person; 29
(c) Chapter 566, relating to sexual offenses; 30
(d) Chapter 568, relating to offenses against the 31
family; 32
(e) Chapter 569, relating to robbery, arson, burglary 33
and related offenses; 34
(f) Chapter 570, relating to stealing and related 35
offenses; 36
(g) Chapter 567, relating to prostitution; 37
(h) Chapter 573, relating to pornography and related 38
offenses; 39
(i) Chapter 574, relating to offenses against public 40
order; 41
(j) Chapter 575, relating to offenses against the 42
administration of justice; 43
(k) Chapter 491, relating to witnesses; 44
(l) Chapter 572, relating to gambling; 45
(m) Chapter 311, but relating only to felony 46
violations of this chapter committed by persons not duly 47
licensed by the supervisor of liquor control; 48
(n) Chapter 571, relating to weapons offenses; 49
(o) Chapter 409, relating to regulation of securities; 50 SB 137 3
(p) Chapter 301, relating to registration and 51
licensing of motor vehicles; 52
(q) Section 577.690, relating to the offense of 53
improper entry by an alien; 54
(4) "Criminal proceeding", any criminal prosecution 55
commenced by an investigative agency under any criminal law 56
of this state; 57
(5) "Investigative agency", the attorney general's 58
office, or the office of any prosecuting attorney or circuit 59
attorney; 60
(6) "Pecuniary value": 61
(a) Anything of value in the form of money, a 62
negotiable instrument, a commercial interest, or anything 63
else the primary significance of which is economic 64
advantage; or 65
(b) Any other property or service that has a value in 66
excess of one hundred dollars; 67
(7) "Real property", any estate or legal or equitable 68
interest in land situated in this state or any interest in 69
such real property, including, but not limited to, any lease 70
or deed of trust upon such real property; 71
(8) "Seizing agency", the agency which is the primary 72
employer of the officer or agent seizing the property, 73
including any agency in which one or more of the employees 74
acting on behalf of the seizing agency is emp loyed by the 75
state of Missouri or any political subdivision of this state; 76
(9) "Seizure", the point at which any law enforcement 77
officer or agent discovers and exercises any control over 78
property that an officer or agent has reason to believe was 79
used or intended for use in the course of, derived from, or 80
realized through criminal activity. Seizure includes but is 81
not limited to preventing anyone found in possession of the 82 SB 137 4
property from leaving the scene of the investigation while 83
in possession of the property; 84
(10) (a) "Trustee": 85
a. Any person who holds legal or record title to real 86
property for which any other person has a beneficial 87
interest; or 88
b. Any successor trustee or trustees to any of the 89
foregoing persons; 90
(b) "Trustee" does not include the following: 91
a. Any person appointed or acting as a personal 92
representative under chapter 475 or under chapter 473; 93
b. Any person appointed or acting as a trustee of any 94
testamentary trust or as trustee of a ny indenture of trust 95
under which any bonds are or are to be issued. 96
577.690. 1. A person commits the offense of improper 1
entry by an alien if the person enters this state at any 2
time when the person is in violation of 8 U.S.C. Sect ion 3
1325. 4
2. The offense of improper entry by an alien is 5
punishable by a fine of one hundred thousand dollars and 6
shall be subject to an order of removal, as provided 7
pursuant to subsection 3 of this section. 8
3. An order of removal shall i nclude all of the 9
following: 10
(1) The manner of transportation of the person to a 11
port of entry, as defined by 19 CFR Part 101; and 12
(2) The law enforcement officer or state agency 13
responsible for monitoring compliance with the order. 14
4. In lieu of continuing the prosecution of or 15
entering an adjudication regarding the offense of improper 16
entry, the court at any time after the person's appearance 17
may, upon request, dismiss the charge pending against the 18 SB 137 5
person and issue an order of re moval, as provided in 19
subsection 3 of this section. 20
5. The offense of improper entry by an alien shall be 21
subject to the provisions of sections 513.600 to 513.645. 22
6. Any law enforcement officer whose duty it is to 23
enforce criminal laws of t his state may, upon probable cause 24
that a person has violated subsection 1 of this section, 25
arrest or detain such person in a manner consistent with 26
chapter 544. 27