S.Amdt. 1481

SA 1481. Mr. TUBERVILLE submitted an amendment intended to be
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

Section 275 of the Immigration and Nationality Act (8
U.S.C. 1325) is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 and not
more than $250'' and inserting ``not less than $500 and not
more than $1,000''; and
(B) in paragraph (2), by inserting after ``in the case of
an alien who has been previously subject to a civil penalty
under this subsection'' the following: ``or subsection
(e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a
nonimmigrant has violated this paragraph if the alien, for an
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which the
alien was admitted, or to which it was changed under section
248, including complying with the period of stay authorized
by the Secretary of Homeland Security in connection with such
status; or
``(B) to comply otherwise with the conditions of such
nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a violation, be
fined under title 18, United States Code, or imprisoned not
more than 6 months, or both; and
``(ii) for a subsequent commission of such a violation, or
if the alien was previously convicted of an offense under
subsection (a), be fined under such title 18, or imprisoned
not more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any penalty under
subparagraph (A) and any other criminal or civil penalties
that may be imposed, shall be subject to a civil penalty of--
``(i) not less than $500 and not more than $1,000 for each
violation; or
``(ii) twice the amount specified in clause (i), in the
case of an alien who has been previously subject to a civil
penalty under this subparagraph or subsection (b).''.
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