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