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LegislationLEGISLATION | Detail


H.R. 1440: Maritime Law Enforcement Improvement Act of 2009

Sponsor: Lobiondo (R - NJ)

Official Title: A bill to amend Title 46, United States Code, to improve maritime law enforcement.

Status:
3/11/2009: Introduced
3/11/2009: Referred to House Judiciary Committee
3/11/2009: Referred to House Transportation and Infrastructure Committee

Commentary:
This bill would prohibit the transport, or facilitation of transportation, harboring, or concealment of an illegal alien on a vessel while “knowing or having reason to believe that the alien is attempting to unlawfully enter the United States,” as well as attempts or conspiracies to do the same. [Ed. note: The provision’s “having reason to believe” criminal-intent term eviscerates any potential protection against unjust protection that would otherwise be provided by the “knowing” term.] The bill would make available an affirmative defense if the alien was rescued at sea or a stowaway and the defendant informed the Coast Guard of the presence of the alien and complied with any orders given. Violations would be punishable by criminal fines of up to $250,000 and imprisonment of up to 20 years; criminal fines of up to $500,000 and imprisonment of up to 30 years, in cases where the offense causes serious bodily injury to any person; and criminal fines of up to $1 million and possible life imprisonment, in cases where the offense results in the death of a person. In addition, the vessel used in the violation would be subject to criminal forfeiture. Troublingly, the legislation asserts jurisdiction over violations “committed outside the territorial jurisdiction of the United States.”

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