110 HR 1811 IH: Maritime Law Enforcement Improvement U.S. House of Representatives 2007-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1811 IN THE HOUSE OF REPRESENTATIVES March 29, 2007 Mr. LaTourette (for himself, Mr. LoBiondo, and Mr. Poe) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 46, United States Code, to improve maritime law enforcement.

1.

Short title

This title may be cited as the Maritime Law Enforcement Improvement Act of 2007.

2.

Maritime law enforcement

(a)

In general

Subtitle VII of title 46, United States Code, is amended by adding at the end the following: 707

Maritime law enforcement

Sec. 70701. Offense. 70702. Attempt or conspiracy. 70703. Affirmative defenses. 70704. Penalties. 70705. Criminal forfeiture. 70706. Civil forfeiture. 70707. Extension beyond territorial jurisdiction. 70708. Claim of failure to comply with international law; jurisdiction of court. 70709. Federal activities. 70710. Definitions.

70701.

Offense

It shall be unlawful for any person on board a covered vessel to transport or facilitate the transportation, harboring, or concealment of an alien on board such vessel knowing or having reason to believe that the alien is attempting to unlawfully enter the United States.

70702.

Attempt or conspiracy

Any person on board a covered vessel who attempts or conspires to commit a violation of section 70701 shall be subject to the same penalties as those prescribed for the violation, the commission of which was the object of the attempt or conspiracy.

70703.

Affirmative defenses

It is an affirmative defense to a prosecution under this section, which the defendant must prove by a preponderance of the evidence, that— (1)(A)the alien was on board pursuant to a rescue at sea, or was a stowaway; or (B)the entry into the United States was a necessary response to an imminent threat of death or serious bodily injury to the alien; (2)the defendant, as soon as reasonably practicable, informed the Coast Guard of the presence of the alien on the vessel and the circumstances of the rescue; and (3)the defendant complied with all orders given by law enforcement officials of the United States.

70704.

Penalties

Any person who commits a violation of this chapter shall be imprisoned for not less than 3 nor more than 20 years or fined not more than $100,000, or both; except that— (1)in any case in which the violation causes serious bodily injury to any person, regardless of where the injury occurs, the person shall be imprisoned for not less than 7 nor more than 30 years or fined not more than $500,000, or both; and (2)in any case in which the violation causes or results in the death of any person regardless of where the death occurs, the person shall be imprisoned for not less than 10 years nor more than life or fined not more than $1,000,000, or both.

70705.

Criminal forfeiture

The court, at the time of sentencing a person convicted of an offense under this chapter, shall order forfeited to the United States any vessel used in the offense in the same manner and to the same extent as if it were a vessel used in an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324).

70706.

Civil forfeiture

A vessel that has been used in the commission of a violation of this chapter shall be seized and subject to forfeiture in the same manner and to the same extent as if it were used in the commission of a violation of section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)).

70707.

Extension beyond territorial jurisdiction

Sections 70701 and 70702 apply even though the act is committed outside the territorial jurisdiction of the United States.

70708.

Claim of failure to comply with international law; jurisdiction of court

A claim of failure to comply with international law in the enforcement of this chapter may be invoked as a basis for a defense solely by a foreign nation. A failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this chapter.

70709.

Federal activities

Nothing in this chapter applies to otherwise lawful activities carried out by or at the direction of the United States Government.

70710.

Definitions

In this chapter, the following definitions apply: (1)

Alien

The term alien has the meaning given that term in section 70105(f). (2)

Covered vessel

The term covered vessel means a vessel of the United States, or a vessel subject to the jurisdiction of the United States, that is less than 300 gross tons (or an alternate tonnage prescribed by the Secretary under section 14104 of this title) as measured under section 14502 of this title. (3)

Serious bodily injury

The term serious bodily injury has the meaning given that term in section 1365 of title 18, United States Code. (4)

United States

The term United States has the meaning given that term is section 114. (5)

Vessel of the United States

The term vessel of the United States has the meaning given that term in section 70502. (6)

Vessel subject to the jurisdiction of the United States

The term vessel subject to the jurisdiction of the United States has the meaning given that term in section 70502.

. (b)

Clerical amendment

The analysis for such subtitle is amended by inserting after the item relating to chapter 705 the following: 707.Maritime Law Enforcement70701. .