1.
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)
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)
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.