[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 79 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. CON. RES. 79

 Expressing the sense of Congress that the President should secure the 
   sovereign right of the United States of America and the States to 
 prosecute and punish, according to the laws of the United States and 
     the several States, crimes committed in the United States by 
   individuals who subsequently flee to Mexico to escape prosecution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2003

Mrs. Feinstein (for herself, Mr. Brownback, Mr. Nelson of Florida, Mrs. 
 Hutchison, Mr. Bingaman, Mr. Domenici, Mr. Kyl, Mr. Campbell, and Mr. 
    Hatch) submitted the following concurrent resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of Congress that the President should secure the 
   sovereign right of the United States of America and the States to 
 prosecute and punish, according to the laws of the United States and 
     the several States, crimes committed in the United States by 
   individuals who subsequently flee to Mexico to escape prosecution.

Whereas, under the Extradition Treaty between the United States of America and 
        the United Mexican States, signed at Mexico City May 4, 1978, and 
        entered into force January 25, 1980 (31 UST 5059) (hereafter the 
        ``Extradition Treaty''), Mexico has refused to extradite unconditionally 
        to the United States fugitives facing capital punishment;
Whereas the Mexican Supreme Court ruled in October 2001, that life imprisonment 
        violates the Constitution of Mexico, and Mexico has subsequently 
        repeatedly violated the Extradition Treaty by refusing to extradite 
        unconditionally criminals who face life sentences in the United States;
Whereas numerous individuals have committed serious crimes in the United States, 
        fled to Mexico to avoid prosecution, and have not been brought to 
        justice in the United States because of Mexico's interpretation of the 
        Extradition Treaty;
Whereas these individuals include the persons responsible for the April 29, 
        2002, murder of Deputy Sheriff David March, the July 17, 2000, killing 
        of Officer Michael Dunman, the August 29, 1998, murder of 12 year old 
        Stephen Morales, the April 9, 1999, attempted murder of Anabella Van 
        Perez and the subsequent August 26, 1999, murder of her father, Carlos 
        Vara, and the December 22, 1989, murder of Mike Juan;
Whereas attorneys general from all 50 States, the National League of Cities, and 
        numerous elected officials, municipalities, and law enforcement 
        associations have asked the United States Attorney General and the 
        Secretary of State to address this extradition issue with their 
        counterparts in Mexico;
Whereas United States Government officials at various levels have raised 
        concerns about the extradition issue with their counterparts in Mexico, 
        including presenting a Protest Note to the Government of Mexico 
        objecting that Mexico's interpretation of the Extradition Treaty is 
        ``unsupported by the Treaty'' and effectively ``eviscerates'' it, with 
        few positive results; and
Whereas the Extradition Treaty, as interpreted by Mexico, interferes with the 
        justice system of the United States and encourages criminals to flee to 
        Mexico; Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that the President should address 
Mexico's failure to fulfill its obligations under the Extradition 
Treaty between the United States of America and the United Mexican 
States, signed at Mexico City May 4, 1978, and entered into force 
January 25, 1980 (31 UST 5059), by renegotiating the treaty or taking 
other action to ensure that the possibility that criminal suspects from 
Mexico may face capital punishment or life imprisonment will not 
interfere with the unconditional and timely extradition of such 
criminal suspects to the United States.
                                 <all>