WASHINGTON -- Sen. Evan Bayh, D-Ind., says Congress should increase penalties for bringing illegal immigrants into the country.

Bayh, who earlier this year voted against Senate consideration of a larger immigration package, said he would like to see a House-passed alien smuggling bill included in the final spending package Congress must pass before adjourning for the year.

The House-passed smuggling bill, which was sponsored by Rep. Baron Hill, D-Seymour, would make it a felony offense to smuggle, recruit, transport or harbor illegal aliens. Penalties include up to five years in prison and up to 10 years if it's being done for commercial gain.

"This is not going to solve this problem by itself," Bayh said in a call with reporters. "But we do hear anecdotally from the border patrol that it is a major problem that is going unaddressed simply because we have not taken it seriously."

Bayh said he is seeking support from Sen. Pat Leahy, the Vermont Democrat who heads the Senate Judiciary Committee. But he hasn't gotten a commitment for either including the bill in the spending package or moving it on it's own this year or next.

Tara Magner, director of policy of the Heartland Alliance for Human Needs & Human Rights that provides legal assistance to immigrants, said she's concerned that the bill would change the humanitarian exceptions in current law.

"The real fear here is that entities that provide much needed assistance to people without regard to their immigration status, like a domestic violence shelter, may be deterred from doing so if they fear prosecutions for their actions," Magner said. "That's been at the heart of this debate: What are the parameters that protect the genuine good Samaritan, humanitarian providers and yet still allow the government to go after the bad guys?"

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