[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 238

 To amend section 274 of the Immigration and Nationality Act to impose 
   mandatory minimum sentences, and increase certain sentences, for 
bringing in and harboring certain aliens and to amend title 18, United 
States Code, to provide enhanced penalties for persons committing such 
                         offenses while armed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

  Mr. Rogan introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 274 of the Immigration and Nationality Act to impose 
   mandatory minimum sentences, and increase certain sentences, for 
bringing in and harboring certain aliens and to amend title 18, United 
States Code, to provide enhanced penalties for persons committing such 
                         offenses while armed.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MANDATORY MINIMUM SENTENCES FOR BRINGING IN AND HARBORING 
              CERTAIN ALIENS.

    Section 274(a)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)(1)(B)) is amended to read as follows:
    ``(B)(i) Except as provided in clauses (ii) and (iii), a person who 
violates subparagraph (A) shall--
            ``(I) in the case of a violation of subparagraph (A)(i) or 
        (v)(I) or in the case of a violation of subparagraph (A)(ii), 
        (iii), or (iv) in which the offense was done for the purpose of 
        commercial advantage or private financial gain, be fined under 
        title 18, United States Code, imprisoned not less than 2 years 
        nor more than 10 years, or both;
            ``(II) in the case of a violation of subparagraph (A)(ii), 
        (iii), (iv), or (v)(II) be fined under title 18, United States 
        Code, imprisoned not less than 1 year nor more than 5 years, or 
        both;
            ``(III) in the case of a violation of subparagraph (A)(i), 
        (ii), (iii), (iv), or (v) during and in relation to which the 
        person causes serious bodily injury (as defined in section 1365 
        of title 18, United States Code) to, or places in jeopardy the 
        life of, any person, be fined under title 18, United States 
        Code, imprisoned not less than 5 years nor more than 25 years, 
        or both; and
            ``(IV) in the case of a violation of subparagraph (A)(i), 
        (ii), (iii), (iv), or (v) resulting in the death of any person, 
        be punished by death or imprisoned for any term of years or for 
        life (but not less than 20 years), fined under title 18, United 
        States Code, or both.
    ``(ii) In the case of a violation of subparagraph (A) after 1 prior 
conviction for any other violation of subparagraph (A) has become 
final, the minimum term of imprisonment shall be not less than two 
times the minimum term specified in clause (i).
    ``(iii) In the case of a violation of subparagraph (A) after 2 or 
more prior convictions for any other violations of subparagraph (A) 
have become final, the minimum term of imprisonment shall be not less 
than five times the minimum term specified in clause (i).''.

SEC. 2. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.

    Section 924(c)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``device)'' the following: 
                ``or any violation of section 274(a)(1)(A) of the 
                Immigration and Nationality Act''; and
                    (B) by striking ``or drug trafficking crime--'' and 
                inserting ``, drug trafficking crime, or violation of 
                section 274(a)(1)(A) of the Immigration and Nationality 
                Act--''; and
            (2) in subparagraph (D)(ii), by striking ``or drug 
        trafficking crime'' and inserting ``, drug trafficking crime, 
        or violation of section 274(a)(1)(A) of the Immigration and 
        Nationality Act''.
                                 <all>