From Overcriminalized.com:
Table of Contents
New:
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
H.R. 322: Dangerous Products Warning Act
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H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
Sponsor: Lungren (R - CA)
Official Title: A bill to amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.
Status:
1/20/2011: Introduced in House
1/20/2011: Referred to House Judiciary Committee
1/20/2011: Referred to House Budget Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Ordered to be reported by voice vote House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: The bill would make it unlawful for any person to "knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft." The penalty for such actions would be imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both. The language of H.R. 386 offers a limited number of exceptions to the general statutory prohibition, including carve outs for the aiming of a laser at an aircraft by authorized government officials conducting research, development, or testing operations, and the aiming of a laser at an aircraft for emergency signaling purposes. However, the definition of the offense does not safeguard from criminal punishment those who might aim a laser at an aircraft or its flight path accidentally, inadvertently, or with benign intent.
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Ordered to be reported by voice vote House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: This bill would amend section 1752 of Title 18 of the U.S. Code to restructure the statutory language, and reduce the protectiveness of the mens rea or criminal-intent requirements in the definitions of certain prohibited conduct in "restricted" government buildings, grounds, or areas. Section 1752 currently prohibits any person or group of persons from "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; obstructing or impeding ingress or egress to or from Government buildings, grounds, or area; and engaging in "any act of physical violence against any person or property" in any Government building, grounds, or area. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a "willfully and knowingly" standard to a less-protective "knowingly" standard. The criminal sanctions available under existing law would not be altered by H.R. 347.
H.R. 322: Dangerous Products Warning Act
Sponsor: Conyers (D - MI)
Official Title: A bill to amend Title 18, United States Code, to provide for the protection of the general public, and for other purposes.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
Commentary: The extremely broad provisions of this bill would amend Title 18 of the U.S. code to subject any "business entity" or "product supervisor with respect to a product or business practice" to criminal sanctions for failure to inform or warn about a "serious danger" associated with any product, component of a product, or business practice. Any entity or supervisor who "knowingly" fails to warn (within 15 days of discovery of the dangerous product or practice) an appropriate federal agency, affected employees, or others who can "reasonably be identified" as at risk of harm would be subject to criminal sanctions of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. The bill would also criminalize retaliation against whistleblowers who warn a federal agency or any employee about a dangerous product or business practice, subjecting violators to criminal sanctions of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. The language of H.R. 322 neither defines "dangerous" nor limits application of the mens rea term "knowingly" to those who know that their conduct is unlawful or sufficiently wrongful to put them on notice of possible criminal punishment. The language of the offenses thus covers wide swaths of potentially legitimate and non-blameworthy conduct.
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Table of Contents
New:
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
H.R. 322: Dangerous Products Warning Act
--------------------------------------------------------------------------------
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
Sponsor: Lungren (R - CA)
Official Title: A bill to amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.
Status:
1/20/2011: Introduced in House
1/20/2011: Referred to House Judiciary Committee
1/20/2011: Referred to House Budget Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Ordered to be reported by voice vote House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: The bill would make it unlawful for any person to "knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft." The penalty for such actions would be imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both. The language of H.R. 386 offers a limited number of exceptions to the general statutory prohibition, including carve outs for the aiming of a laser at an aircraft by authorized government officials conducting research, development, or testing operations, and the aiming of a laser at an aircraft for emergency signaling purposes. However, the definition of the offense does not safeguard from criminal punishment those who might aim a laser at an aircraft or its flight path accidentally, inadvertently, or with benign intent.
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Ordered to be reported by voice vote House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: This bill would amend section 1752 of Title 18 of the U.S. Code to restructure the statutory language, and reduce the protectiveness of the mens rea or criminal-intent requirements in the definitions of certain prohibited conduct in "restricted" government buildings, grounds, or areas. Section 1752 currently prohibits any person or group of persons from "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; obstructing or impeding ingress or egress to or from Government buildings, grounds, or area; and engaging in "any act of physical violence against any person or property" in any Government building, grounds, or area. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a "willfully and knowingly" standard to a less-protective "knowingly" standard. The criminal sanctions available under existing law would not be altered by H.R. 347.
H.R. 322: Dangerous Products Warning Act
Sponsor: Conyers (D - MI)
Official Title: A bill to amend Title 18, United States Code, to provide for the protection of the general public, and for other purposes.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
Commentary: The extremely broad provisions of this bill would amend Title 18 of the U.S. code to subject any "business entity" or "product supervisor with respect to a product or business practice" to criminal sanctions for failure to inform or warn about a "serious danger" associated with any product, component of a product, or business practice. Any entity or supervisor who "knowingly" fails to warn (within 15 days of discovery of the dangerous product or practice) an appropriate federal agency, affected employees, or others who can "reasonably be identified" as at risk of harm would be subject to criminal sanctions of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. The bill would also criminalize retaliation against whistleblowers who warn a federal agency or any employee about a dangerous product or business practice, subjecting violators to criminal sanctions of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. The language of H.R. 322 neither defines "dangerous" nor limits application of the mens rea term "knowingly" to those who know that their conduct is unlawful or sufficiently wrongful to put them on notice of possible criminal punishment. The language of the offenses thus covers wide swaths of potentially legitimate and non-blameworthy conduct.
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