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SECOND REGULAR SESSION
SENATE BILL NO. 1338
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
4696S.01I 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Section A. Section 513.605, RSMo, is repealed and two new 1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
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located where the real property owned by the trustee is 17
located; 18
(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 person 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 301, relating to registration and 28
licensing of motor vehicles; 29
(c) Chapter 304, but relating only to felony 30
violations of this chapter involving the use of a motor 31
vehicle; 32
(d) Chapter 311, but relating only to felony 33
violations of this chapter committed by persons not duly 34
licensed by the supervisor of liquor control; 35
(e) Chapter 409, relating to regulation of securities; 36
(f) Chapter 491, relating to witnesses; 37
(g) Chapter 565, relating to offenses against the 38
person; 39
(h) Chapter 566, relating to sexual offenses; 40
(i) Chapter 567, relating to prostitution; 41
(j) Chapter 568, relating to offenses against the 42
family; 43
(k) Chapter 569, relating to robbery, arson, burglary 44
and related offenses; 45
(l) Chapter 570, relating to stealing and related 46
offenses; 47
(m) Chapter 571, relating to weapons offenses; 48
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(n) Chapter 572, relating to gambling; 49
(o) Chapter 573, relating to pornography and related 50
offenses; 51
(p) Chapter 574, relating to offenses against public 52
order; 53
(q) Chapter 575, relating to offenses against the 54
administration of justice; 55
(r) Chapter 578, but only relating to offenses by a 56
criminal street gang; 57
(s) Section 577.690, relating to the offense of 58
improper entry by an alien; 59
(4) "Criminal proceeding", any criminal prosecution 60
commenced by an investigative agency under any criminal law 61
of this state; 62
(5) "Investigative agency", the attorney general's 63
office, or the office of any prosecuting attorney or circuit 64
attorney; 65
(6) "Pecuniary value": 66
(a) Anything of value in the form of money, a 67
negotiable instrument, a commercial interest, or anything 68
else the primary significance of which is economic 69
advantage; or 70
(b) Any other property or service that has a value in 71
excess of one hundred dollars; 72
(7) "Real property", any estate or legal or equitable 73
interest in land situated in this state or any interest in 74
such real property, including, but not limited to, any lease 75
or deed of trust upon such real property; 76
(8) "Seizing agency", the agency which is the primary 77
employer of the officer or agent seizing the property, 78
including any agency in which one or more of the employees 79
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acting on behalf of the seizing agency is employed by the 80
state of Missouri or any political subdivision of this state; 81
(9) "Seizure", the point at which any law enforcement 82
officer or agent discovers and exercises any control over 83
property that an officer or agent has reason to believe was 84
used or intended for use in the course of, derived from, or 85
realized through criminal activity. Seizure includes but is 86
not limited to preventing anyone found in possession of the 87
property from leaving the scene of the investigation while 88
in possession of the property; 89
(10) (a) "Trustee": 90
a. Any person who holds legal or record title to real 91
property for which any other person has a beneficial 92
interest; or 93
b. Any successor trustee or trustees to any of the 94
foregoing persons; 95
(b) "Trustee" does not include the following: 96
a. Any person appointed or acting as a personal 97
representative under chapter 475 or under chapter 473; 98
b. Any person appointed or acting as a trustee of any 99
testamentary trust or as trustee of any indenture of trust 100
under which any bonds are or are to be issued. 101
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. Section 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 include all of the 9
following: 10
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(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
person and issue an order of removal, 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 this 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
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