S. 2871

Human Trafficking and Smuggling Penalty Enhancement Act of 2004

Latest
Raw Text PDF XML

II

108th CONGRESS

2nd Session

S. 2871

IN THE SENATE OF THE UNITED STATES

September 30, 2004

Mr. Graham of South Carolina (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for enhanced criminal penalties for crimes related to slavery and alien smuggling.

1.

Short title

This Act may be cited as the Human Trafficking and Smuggling Penalty Enhancement Act of 2004.

2.

Enhanced penalties for slavery and alien smuggling

(a)

Death resulting from slavery

Chapter 77 of title 18, United States Code, is amended—

(1)

in section 1581(a), by striking or if and inserting the defendant shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both. If;

(2)

in section 1583, by striking or if and inserting the defendant shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both. If;

(3)

in section 1584, by striking or if and inserting the defendant shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both. If;

(4)

in section 1589, by striking or if and inserting the defendant shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both. If;

(5)

in section 1590, by striking or if and inserting the defendant shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both. If; and

(6)

in section 1591(b)—

(A)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and

(B)

by inserting before paragraph (2), as redesignated by subparagraph (A), the following:

(1)

if the offense resulted in the death of the victim, a fine under this title, death or imprisonment for any term of years or for life, or both;

.

(b)

Alien smuggling

Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A)—

(i)

by amending clause (i) to read as follows:

(i)

knowing or in reckless disregard of the fact that a person is an alien, brings or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or a place designated by the Under Secretary for Border and Transportation Security, regardless of—

(I)

whether such alien has received prior official authorization to come to, enter, or reside in the United States;

(II)

whether the person bringing or attempting to bring such alien to the United States intended to violate any criminal law; or

(III)

any future official action which may be taken with respect to such alien;

;

(ii)

in clause (iv), by striking or at the end;

(iii)

in clause (v)—

(I)

in subclause (I), by striking , or and inserting a semicolon;

(II)

in subclause (II), by striking the comma and inserting ; or; and

(III)

by inserting after subclause (II) the following:

(III)

attempts to commit any of the preceding acts; or

; and

(iv)

by inserting after clause (v) the following:

(vi)

knowing or in reckless disregard of the fact that a person is an alien, causes or attempts to cause such alien to be transported or moved across an international boundary, knowing that such transportation or moving is part of such alien’s effort to enter or attempt to enter the United States without prior official authorization,

; and

(B)

in subparagraph (B)—

(i)

in clause (i)—

(I)

by striking subparagraph (A)(i) or (v)(I) and inserting clause (i), (v)(I), or (vi) of subparagraph (A); and

(II)

by striking 10 years and inserting 20 years;

(ii)

in clause (ii)—

(I)

by striking subparagraph (A) (ii), (iii), (iv), or (v)(II) and inserting clause (ii), (iii), (iv), or (v)(II) of subparagraph (A); and

(II)

by striking 5 years and inserting 10 years; and

(iii)

in clause (iii)—

(I)

by striking subparagraph (A) (i), (ii), (iii), (iv), or (v) and inserting subparagraph (A); and

(II)

by striking 20 years and inserting 35 years;

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A)—

(i)

by inserting , or facilitates or attempts to facilitate the bringing or transporting, after attempts to bring; and

(ii)

by inserting and regardless of whether the person bringing or attempting to bring such alien to the United States intended to violate any criminal law, after with respect to such alien; and

(B)

in subparagraph (B)—

(i)

in clause (i), by striking the comma at the end and inserting a semicolon;

(ii)

in clause (ii), by striking , or and inserting a semicolon;

(iii)

in clause (iii), by striking the comma at the end and inserting ; or;

(iv)

by inserting after clause (iii), the following:

(iv)

an offense committed with knowledge or reason to believe that the alien unlawfully brought to or into the United States has engaged in or intends to engage in terrorist activity (as defined in section 212(a)(3)(B)(iv)),

; and

(v)

in the matter following clause (iv), as added by this subparagraph, by striking 3 nor more than 10 years and inserting 5 years and not more than 20 years; and

(3)

in paragraph (3)(A), by striking 5 years and inserting 10 years.

3.

Amendment to Sentencing Guidelines relating to alien smuggling offenses

(a)

Directive to United States Sentencing Commission

Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act.

(b)

Requirements

In carrying out this section, the United States Sentencing Commission shall—

(1)

ensure that the Sentencing Guidelines and Policy Statements reflect—

(A)

the serious nature of the offenses and penalties referred to in this Act;

(B)

the growing incidence of alien smuggling offenses; and

(C)

the need to deter, prevent, and punish such offenses;

(2)

consider the extent to which the Sentencing Guidelines and Policy Statements adequately address whether the guideline offense levels and enhancements for violations of the sections amended by this Act—

(A)

sufficiently deter and punish such offenses; and

(B)

adequately reflect the enhanced penalties established under this Act;

(3)

maintain reasonable consistency with other relevant directives and sentencing guidelines;

(4)

account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(5)

make any necessary conforming changes to the Sentencing Guidelines; and

(6)

ensure that the Sentencing Guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code.