Committee advances measure creating separate offense for human smuggling

NASHVILLE — The Finance, Ways and Means Committee advanced House Bill 3 22, sponsored by Representative John Todd (sponsor), which creates a separate offense for human smuggling and distinguishes it from human trafficking. The committee voted to move the bill to calendar and rules by a recorded committee tally of 18 ayes, 8 nos and 1 not voting.

Sponsor description and intent Representative Todd said the bill is intended to give law enforcement tools to stop smuggling before victims are drawn into trafficking. He described scenarios where individuals are transported or paid to be brought into the country and may be at risk of subsequent exploitation; the separate offense would allow prosecutors to pursue the smuggler earlier in the chain of conduct.

Questions at committee Committee members and commenters raised questions about the bill’s definitions and potential implications for churches, employers and people providing shelter. Representative Freeman asked whether the bill’s reference to “entered illegally” relied on federal immigration determinations; Todd replied that the statute references determinations made by U.S. Immigration and Customs Enforcement (ICE) and other federal authorities.

Representative Love asked whether the bill could criminalize faith‑based or community actors who provide shelter to people whose immigration or visa status is in flux. Todd said the Senate had amended a companion version to remove or clarify a section (section 6) that committee members raised concerns about and that he planned to conform the House bill to the Senate’s language to avoid unintended impacts on employers and faith organizations.

Outcome and next steps The committee advanced the bill to calendar and rules on committee vote. Representative Todd said he expected to conform to the Senate version to reduce potential ambiguity about harboring and to avoid capturing well‑intended community assistance.

Discussion points - Sponsor: create an offense of smuggling to allow action before trafficking is complete (Representative John Todd). - Asked whether the bill relies on federal immigration determinations (sponsor: yes, as determined by relevant federal agencies). - Concerns raised about faith organizations or others who provide shelter; sponsor said conforming language in the Senate version would address section 6 concerns.

Votes and formal action - Action: Move House Bill 3 22 to calendar and rules. Outcome: approved. Vote tally in committee: 18 ayes, 8 nos, 1 present not voting.

Speakers