An amendment numbered 13 printed in House Report 109-350 to increase penalties for document fraud and for crimes of violence and drug trafficking offenses committed by illegal aliens.
What it does: Adds SEC. 6__. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND CRIMES OF VIOLENCE at the end of title VIDescription
Amendment increases the penalty for document fraud; and imposes a mandatory minimum sentence on any illegal alien convicted of either a crime of violence or a drug trafficking offense.
What it changes
1 change to H.R. 4437
We couldn't match these changes to the text of H.R. 4437, so they're shown as written.
Adds SEC. 6__. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND CRIMES OF VIOLENCE at the end of title VI
Adds a sectionInserted: SEC. 6__. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND CRIMES OF VIOLENCE.
Inserted: (a) Document Fraud.--Section 1546 of title 18, United States Code, is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) by striking "not more than 25 years" and inserting "not less than 25 years"
Inserted: (B) by inserting "and if the terrorism offense resulted in the death of any person, shall be punished by death or imprisoned for life," after "section 2331 of this title)),";
Inserted: (C) by striking "20 years" and inserting "imprisoned not more than 40 years";
Inserted: (D) by striking "10 years" and inserting "imprisoned not more than 20 years"; and
Inserted: (E) by striking "15 years" and inserting "imprisoned not more than 25 years"; and
Inserted: (2) in subsection (b), by striking "5 years" and inserting "10 years".
Inserted: (b) Crimes of Violence.--
Inserted: (1) In general.--Title 18, United States Code, is amended by inserting after chapter 51 the following:
Inserted: "CHAPTER 52--ILLEGAL ALIENS
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Inserted: "Sec.
Inserted: "1131. Enhanced penalties for certain crimes committed by illegal aliens.
Inserted: "Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens
Inserted: "(a) Any alien unlawfully present in the United States, who commits, or conspires or attempts to commit, a crime of violence or a drug trafficking offense (as defined in section 924), shall be fined under this title and sentenced to not less than 5 years in prison.
Inserted: "(b) If an alien who violates subsection (a) was previously ordered removed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of having committed a crime, the alien shall be sentenced to not less than 15 years in prison.
Inserted: "(c) A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.".
Inserted: (2) Clerical amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following:
Inserted: "52. Illegal aliens........................................1131".....
Original wording
At the end of title VI, add the following new section:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the end of title VI, add the following new section:
SEC. 6__. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND CRIMES OF VIOLENCE.
(a) Document Fraud.--Section 1546 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking “not more than 25 years” and inserting “not less than 25 years”
(B) by inserting “and if the terrorism offense resulted in the death of any person, shall be punished by death or imprisoned for life,” after “section 2331 of this title)),”;
(C) by striking “20 years” and inserting “imprisoned not more than 40 years”;
(D) by striking “10 years” and inserting “imprisoned not more than 20 years”; and
(E) by striking “15 years” and inserting “imprisoned not more than 25 years”; and
(2) in subsection (b), by striking “5 years” and inserting “10 years”.
(b) Crimes of Violence.--
(1) In general.--Title 18, United States Code, is amended by inserting after chapter 51 the following:
“CHAPTER 52--ILLEGAL ALIENS
“Sec.
“1131. Enhanced penalties for certain crimes committed by illegal aliens.
“Sec. 1131. Enhanced penalties for certain crimes committed
by illegal aliens
“(a) Any alien unlawfully present in the United States, who commits, or conspires or attempts to commit, a crime of violence or a drug trafficking offense (as defined in section 924), shall be fined under this title and sentenced to not less than 5 years in prison.
“(b) If an alien who violates subsection (a) was previously ordered removed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of having committed a crime, the alien shall be sentenced to not less than 15 years in prison.
“(c) A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.”.
(2) Clerical amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following:
“52. Illegal aliens........................................1131”.....
Legislative Activity
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House amendment offered
December 16, 2005
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House amendment offered
December 16, 2005
House amendment agreed to: On agreeing to the Shadegg amendment (A027) Agreed to by voice vote.
December 16, 2005 • 7:54 PM
Amendment agreed to Committee of the Whole
December 16, 2005 • 7:54 PM
House amendment offered/reported by : Amendment (A027) offered by Mr. Shadegg.(consideration: CR H11973-11974; text: CR H11973)
December 16, 2005 • 7:43 PM
Amendment (A027) offered by Mr. Shadegg. (consideration: CR H11973-11974; text: CR H11973)
December 16, 2005 • 7:43 PM
On agreeing to the Shadegg amendment (A027) Agreed to by voice vote.
December 16, 2005 • 7:54 PM