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

                                                 Union Calendar No. 505
106th CONGRESS
  2d Session
                                H. R. 238

                          [Report No. 106-850]

 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

                           September 14, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                6, 1999]

_______________________________________________________________________

                                 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) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``A person'' and 
        inserting ``Except as provided in subparagraphs (C) and (D), a 
        person''; and
            (2) by adding at the end the following:
    ``(C)(i) Except as provided in clauses (ii) and (iii), a person who 
violates subparagraph (A) shall, for each alien in respect to whom such 
a violation occurs--
            ``(I) in the case of a violation of clause (i), (ii), 
        (iii), or (iv) of subparagraph (A) in which the offense was 
        done for the purpose of commercial advantage or 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)(v) in 
        which the offense was done for the purpose of commercial 
        advantage or financial gain, 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) in 
        which the offense was done for the purpose of commercial 
        advantage or financial gain and 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) in 
        which the offense was done for the purpose of commercial 
        advantage or financial gain and 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) in which the 
offense was done for the purpose of commercial advantage or financial 
gain after 1 prior conviction for any other such 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) in which the 
offense was done for the purpose of commercial advantage or financial 
gain after 2 or more prior convictions for any other such 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).
    ``(D) In no case may any penalty for a violation of subparagraph 
(A) be imposed on any person based on actions taken by the person to 
render emergency assistance to an alien found physically present in the 
United States in life threatening circumstances.''.

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''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 90 days after the 
date of the enactment of this Act, and shall apply to offenses 
committed after the termination of such 90-day period.




                                                 Union Calendar No. 505

106th CONGRESS

  2d Session

                               H. R. 238

                          [Report No. 106-850]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 14, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed