S.Amdt. 1592

SA 1592. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. UNLAWFUL ALIENS.

Any alien, whether or not acting under color of law, who while unlawfully present in the United States willfully causes bodily injury to any national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to a national of the United States--

(1) shall be imprisoned not more than 10 years, fined in accordance with title 18, United States Code, or both; and

(2) shall be imprisoned for any term of years or for life, fined in accordance with title 18, United States Code, or both, if--

(A) death results from the offense; or

(B) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.