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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 282 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR BROWN (26). |
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| 6 | 6 | | 0888S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 577, RSMo, by adding thereto one new section relating to illegal immigrants, |
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| 9 | 9 | | with penalty provisions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 577, RSMo, is amended b y adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 577.690, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 577.690. 1. A person commits the offense of improper 1 |
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| 16 | 16 | | entry by an alien if the person enters this state at any 2 |
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| 17 | 17 | | time when the person is in violation of 8 U.S.C. S ection 3 |
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| 18 | 18 | | 1325. 4 |
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| 19 | 19 | | 2. (1) The offense of improper entry by an alien is 5 |
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| 20 | 20 | | punishable by a fine of ten thousand dollars and shall be 6 |
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| 21 | 21 | | subject to an order of removal, as provided pursuant to 7 |
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| 22 | 22 | | subsection 3 of this section. For subsequent offenses, the 8 |
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| 23 | 23 | | offense of improper entry by an alien is a class E felony 9 |
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| 24 | 24 | | and shall be subject to an order of removal, as provided in 10 |
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| 25 | 25 | | subsection 3 of this section, upon the completion of any 11 |
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| 26 | 26 | | prison term. If a person has been charged with another 12 |
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| 27 | 27 | | offense that is punishable as a class A misdemeanor or any 13 |
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| 28 | 28 | | higher category offense, the person shall complete any term 14 |
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| 29 | 29 | | of imprisonment or pay any fine prior to being subject to an 15 |
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| 30 | 30 | | order of removal. 16 |
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| 31 | 31 | | (2) Any person serving a term of imprisonment pursuant 17 |
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| 32 | 32 | | to subdivision (1) of this subsection may petition the 18 SB 282 2 |
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| 33 | 33 | | circuit court for an order of removal, which the court shall 19 |
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| 34 | 34 | | grant absent aggravating circumstances which, in the 20 |
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| 35 | 35 | | discretion of the court, require denial of such a petition. 21 |
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| 36 | 36 | | Any person granted an order of removal pu rsuant to this 22 |
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| 37 | 37 | | subdivision who thereafter returns to this state in 23 |
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| 38 | 38 | | violation of 8 U.S.C. Section 1325 shall be subject to the 24 |
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| 39 | 39 | | remainder of any term of imprisonment to which the person 25 |
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| 40 | 40 | | was previously sentenced but had not completed prior to the 26 |
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| 41 | 41 | | removal and such person shall not be entitled to apply to 27 |
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| 42 | 42 | | the circuit court for any further orders of removal. 28 |
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| 43 | 43 | | 3. An order of removal shall include all of the 29 |
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| 44 | 44 | | following: 30 |
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| 45 | 45 | | (1) The manner of transportation of the person to a 31 |
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| 46 | 46 | | port of entry, as defined by 19 CFR Part 101; and 32 |
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| 47 | 47 | | (2) The law enforcement officer or state agency 33 |
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| 48 | 48 | | responsible for monitoring compliance with the order. 34 |
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| 49 | 49 | | 4. In lieu of continuing the prosecution of or 35 |
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| 50 | 50 | | entering an adjudication regarding the offense of improper 36 |
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| 51 | 51 | | entry, the court at any time after the person's appearance 37 |
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| 52 | 52 | | may, upon request, dismiss the charge pending against the 38 |
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| 53 | 53 | | person and issue an order of removal, as provided in 39 |
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| 54 | 54 | | subsection 3 of this section. 40 |
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| 55 | 55 | | 5. Any law enforcement officer whose duty it is to 41 |
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| 56 | 56 | | enforce criminal laws of this state may, upon probable cause 42 |
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| 57 | 57 | | that a person has violated subsection 1 of this section, 43 |
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| 58 | 58 | | arrest or detain such person in a manner consistent with 44 |
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| 59 | 59 | | chapter 544. 45 |
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| 60 | 60 | | |
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