from Overcriminalized.com:
Table of Contents
New:
H.R. 583: Jane's Law
S. 318: Secure Airport Terminal Act of 2011
S. Amendment 67:
S. Amendment 58:
Updates:
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
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H.R. 583: Jane's Law
Sponsor: Cohen (D - TN)
Official Title: To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.
Status:
2/9/2011: Introduced in House
2/9/2011: Referred to House Judiciary Committee
2/14/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: This bill would create a new criminal offense for "knowingly" traveling in interstate or foreign commerce "with the intent to evade compliance with a court-ordered property distribution as part of a separation or divorce settlement involving more than $5,000." Violations would be punishable by mandatory criminal restitution under section 3663A of Title 18, U.S. Code.
S. 318: Secure Airport Terminal Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to increase the use of security cameras at airport security screening checkpoints and exits, to impose increased penalties on individuals who circumvent security screening at airports, and for other purposes.
Status:
2/10/2011: Introduced in Senate
2/10/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who "knowingly and willfully" circumvent security screening are subject to criminal penalties of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Individuals who circumvent security screening "with intent to commit, in the aircraft or airport area, a felony under the law of the United States or a state" are presently subject to criminal penalties of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 318 would amend 49 U.S.C. § 46314(b) to make knowing and willful circumventors of security screening subject to criminal sanctions of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. Under the language of the bill, airport operators would also be required to post signs near all security screening locations providing notice of applicable civil and criminal penalties for screening circumvention. Individual violators of the circumvention prohibition, however, would be subject to such civil and criminal penalties "without regard to whether signs are displayed at an airport."
S. Amendment 67:
Sponsor: Lautenberg (D - NJ)
Official Title:
Status:
2/10/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. 318, which was also introduced by Senator Lautenberg. The amendment would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who "knowingly and willfully" circumvent security screening are subject to criminal penalties of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Individuals who circumvent security screening "with intent to commit, in the aircraft or airport area, a felony under the law of the United States or a state" are presently subject to criminal penalties of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. Amendment 67 would amend 49 U.S.C. § 46314(b) to make knowing and willful circumventors of security screening subject to criminal sanctions of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. Under the language of the amendment, airport operators would also be required to post signs near all security screening locations providing notice of applicable civil and criminal penalties for screening circumvention. Individual violators of the circumvention prohibition, however, would be subject to such civil and criminal penalties "without regard to whether signs are displayed at an airport."
S. Amendment 58:
Sponsor: Nelson (D - NE)
Official Title:
Status:
2/8/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. Amendment 29, which was also introduced by Senator Nelson. S. Amendment 58 would add a criminal penalty to the bill for the unauthorized recording and distribution of any images produced using "advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government." A narrow exception to this prohibition is provided for the use or distribution of protected images in conjunction with a criminal investigation or prosecution or in an investigation related to foreign intelligence or a threat to national security. Violators of this amendment's prohibition would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both.
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 Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Discharged House Budget Committee
2/11/2011: Placed on House calendar
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 its general prohibition, including one for aiming 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 Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in "restricted" government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in "any act of physical violence against any person or property" in Government buildings, grounds, or areas. 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 bill would not alter the existing criminal penalties.
Table of Contents
New:
H.R. 583: Jane's Law
S. 318: Secure Airport Terminal Act of 2011
S. Amendment 67:
S. Amendment 58:
Updates:
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. 583: Jane's Law
Sponsor: Cohen (D - TN)
Official Title: To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.
Status:
2/9/2011: Introduced in House
2/9/2011: Referred to House Judiciary Committee
2/14/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
Commentary: This bill would create a new criminal offense for "knowingly" traveling in interstate or foreign commerce "with the intent to evade compliance with a court-ordered property distribution as part of a separation or divorce settlement involving more than $5,000." Violations would be punishable by mandatory criminal restitution under section 3663A of Title 18, U.S. Code.
S. 318: Secure Airport Terminal Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to increase the use of security cameras at airport security screening checkpoints and exits, to impose increased penalties on individuals who circumvent security screening at airports, and for other purposes.
Status:
2/10/2011: Introduced in Senate
2/10/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who "knowingly and willfully" circumvent security screening are subject to criminal penalties of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Individuals who circumvent security screening "with intent to commit, in the aircraft or airport area, a felony under the law of the United States or a state" are presently subject to criminal penalties of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 318 would amend 49 U.S.C. § 46314(b) to make knowing and willful circumventors of security screening subject to criminal sanctions of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. Under the language of the bill, airport operators would also be required to post signs near all security screening locations providing notice of applicable civil and criminal penalties for screening circumvention. Individual violators of the circumvention prohibition, however, would be subject to such civil and criminal penalties "without regard to whether signs are displayed at an airport."
S. Amendment 67:
Sponsor: Lautenberg (D - NJ)
Official Title:
Status:
2/10/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. 318, which was also introduced by Senator Lautenberg. The amendment would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who "knowingly and willfully" circumvent security screening are subject to criminal penalties of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Individuals who circumvent security screening "with intent to commit, in the aircraft or airport area, a felony under the law of the United States or a state" are presently subject to criminal penalties of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. Amendment 67 would amend 49 U.S.C. § 46314(b) to make knowing and willful circumventors of security screening subject to criminal sanctions of up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. Under the language of the amendment, airport operators would also be required to post signs near all security screening locations providing notice of applicable civil and criminal penalties for screening circumvention. Individual violators of the circumvention prohibition, however, would be subject to such civil and criminal penalties "without regard to whether signs are displayed at an airport."
S. Amendment 58:
Sponsor: Nelson (D - NE)
Official Title:
Status:
2/8/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. Amendment 29, which was also introduced by Senator Nelson. S. Amendment 58 would add a criminal penalty to the bill for the unauthorized recording and distribution of any images produced using "advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government." A narrow exception to this prohibition is provided for the use or distribution of protected images in conjunction with a criminal investigation or prosecution or in an investigation related to foreign intelligence or a threat to national security. Violators of this amendment's prohibition would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both.
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 Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Discharged House Budget Committee
2/11/2011: Placed on House calendar
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 its general prohibition, including one for aiming 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 Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in "restricted" government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in "any act of physical violence against any person or property" in Government buildings, grounds, or areas. 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 bill would not alter the existing criminal penalties.
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