Committee backs bill to codify state prosecution of people unlawfully present who commit state crimes

Representative C Hinkle introduced House Bill 214, saying the bill would "codify into state law that the state may prosecute illegal aliens who commit state crimes" and add a notification requirement to the attorney general when a county attorney declines prosecution.

"While the state can do this, and it has happened in the past, we lack any state code on subject to all of illegal aliens committing crimes within our borders to back the justification up," the sponsor said. The sponsor said the governor's office supported the bill.

Representative Bohm rose in opposition, arguing that if a prosecutor lacks evidence to pursue a state charge, the requirement to notify the attorney general would be unnecessary and could undermine local prosecutorial discretion. Bohm said that federal processes handle immigration status after conviction and questioned immediate notice to the attorney general if evidence is lacking.

Representative Mercer defended the notification provision as consistent with the attorney general's supervisory authority over county attorneys and cited Title 2, Section 15 of state code as the source of that supervisory role. Mercer said the provision provides notice so the attorney general can determine whether a state prosecution should be pursued.

On the committee motion to recommend do pass, the clerk recorded 58 votes in favor and 40 opposed. The bill moved forward after the committee vote.