From Overcriminalizecd.com:
Table of Contents
New:
H.R. 3617: See Something, Say Something Act
H.R. 3591: Postal Service Protection Act of 2011
H.R. 3589: Trafficking Victims Protection Reauthorization Act of 2011
S. 1974: Ultralight Aircraft Smuggling Prevention Act of 2011
S. 1955: [No Title]
Updates:
H.R. 3261: Stop Online Piracy Act
S. 1236: Border Tunnel Prevention Act of 2011
--------------------------------------------------------------------------------
H.R. 3617: See Something, Say Something Act
Sponsor: Clarke (D - NY)
Official Title: A bill to amend the Child Abuse Prevention and Treatment Act to require states receiving funds under section 106 of such act to have in effect a state law providing for a criminal penalty on a person who has knowledge of child abuse or neglect, but fails to report such abuse or neglect to a law enforcement official or child protective services.
Status:
12/8/2011: Introduced in House
12/8/2011: Referred to House Education and the Workforce Committee
Commentary: This bill was likely written in reaction to the child sex abuse scandal at Penn State University. This bill would monetarily penalize states that do not enforce a law that criminally penalizes any adult to “who fails to report to a State or local law enforcement official or child protective services that the person has knowledge of child abuse or neglect that occurred in the State.” This establishes that a crime can be committed without taking any action whatsoever. Congress is attempting to enact this law at the state level through its spending power. If a state’s governor does not certify that such a law is enacted and is being enforced, the bill would revoke all of the state’s federal grants for child abuse and neglect prevention and treatment.
H.R. 3591: Postal Service Protection Act of 2011
Sponsor: DeFazio (D - OR)
Official Title: A bill to recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.
Status:
12/7/2011: Introduced in House
12/7/2011: Referred to House Judiciary Committee
12/7/2011: Referred to House Oversight and Government Reform Committee
Commentary: Within this postal services bill is a provision for mitigating a federal offense. This bill would create an exception to the current prohibition on the mailing of “intoxicating liquors” by allowing certain wine and malt beverages. These beverages are mailable if the sender is a licensed winery or brewery that meets all appropriate local, state, and federals laws and regulations. The bill would permit the postal services to set the particular new regulations to allow for these postal deliveries. The mens rea provision already in the criminal code provides only a “knowingly” protection, so it is not clear how far that might extend to meet the exceptions. This bill is similar to S. 1853.
H.R. 3589: Trafficking Victims Protection Reauthorization Act of 2011
Sponsor: Smith (R - NJ)
Official Title: A bill to authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Status:
12/7/2011: Introduced in House
12/7/2011: Referred to House Energy and Commerce Committee
12/7/2011: Referred to House Foreign Affairs Committee
12/7/2011: Referred to House Judiciary Committee
12/7/2011: Referred to House Ways and Means Committee
Commentary: This bill would codify several criminal provisions meant to punish human trafficking. First, the bill would add fraudulent foreign labor contracting as a category of offenses that fall under the racketeering statute. The bill would also extend the reach of the government’s enforcement of halting “any illicit sexual conduct with another person” in foreign places. The current statute defines “illicit sexual conduct” as sex with a minor that would be illegal under U.S. law if it occurred in a U.S. jurisdiction, or any commercial sex act with a minor. This bill would extend the reach of this restriction to those who are residing temporarily or permanently in a foreign country, and not merely those American citizens or alien permanent residents that are traveling in foreign commerce. Additionally, this bill would make it a criminal offense to “knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual” while violating or intending to violate the fraud in labor contracting statute or the Immigration and Nationality Act, in regards to the bringing or harboring of certain aliens. It would also prohibit that same knowing action “in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.” This bill is related to S. 1301.
S. 1974: Ultralight Aircraft Smuggling Prevention Act of 2011
Sponsor: Udall (D - NM)
Official Title: A bill to amend the Tariff Act of 1930 to clarify the definition of aircraft and the offenses penalized under the aviation smuggling provisions under that act, and for other purposes.
Status:
12/8/2011: Introduced in Senate
12/8/2011: Senate Consideration
12/8/2011: Senate passage by unanimous consent
12/9/2011: Received in House
Commentary: This bill would add ultralight aircraft to the definition of “aircraft” for the purposes of the Tariff Act of 1930 as a way to increase the penalties for those using these aircraft to smuggle goods. In addition to this definitional change, which would incorporate more acts into the offense, this bill would add attempt and conspiracy to commit the offense as new offenses, and equally punishable to the completed offense. The mens rea required is merely “intentional.” A violation is punishable by up to 5 years imprisonment and a $10,000 fine if the smuggled goods are not controlled substances. The penalty increases to a maximum of 20 years imprisonment and a $250,000 fine if the smuggled goods are controlled substances.
S. 1955: [No Title]
Sponsor: Paul (R - KY)
Official Title: A bill to authorize the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.
Status:
12/7/2011: Introduced in Senate
12/7/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill would decriminalize the regulations regarding “raw milk.” Currently, federal law prohibits the trade of milk that is unpasteurized. This bill would end any prohibition, interference with, regulation, or other restriction on milk or milk products that are “unpasteurized and packaged for direct human consumption, if such restriction is based on the determination that, solely because such milk or milk product is unpasteurized, such milk or milk product is adulterated, misbranded, or otherwise in violation of Federal law.” This is a companion bill to H.R. 1830.
H.R. 3261: Stop Online Piracy Act
Sponsor: Smith (R - TX)
Official Title: A bill to promote prosperity, creativity, entrepreneurship and innovation by combating the theft of U.S. property, and for other purposes.
Status:
10/26/2011: Introduced House
10/26/2011: Referred to House Judiciary Committee
11/16/2011: Hearing Held by House Judiciary Committee
12/15/2011: Mark up in the House Judiciary Committee
12/16/2011: Mark up in the House Judiciary Committee
Commentary: This bill would amend several current criminal statutes to increase penalties or make definitional changes to the laws regarding online goods. These include online streaming of copyrighted materials, trafficking in inherently dangerous goods and services and foreign economic spying. The bill would also propose changes to the Sentencing Guidelines involving these crimes.
S. 1236: Border Tunnel Prevention Act of 2011
Sponsor: Feinstein (D - CA)
Official Title:A bill to reduce the trafficking of drugs and to prevent human smuggling across the southwest border by deterring the construction and use of border tunnels.
Status:
6/20/2011: Introduced in Senate
6/20/2011: Referred to Senate Judiciary Committee
12/15/2011: Mark up in the Senate Judiciary Committee
12/15/2011: Ordered to be reported by voice vote
12/15/2011: Placed on Senate calendar
Commentary: This bill would add more criminal provisions to the federal criminal statute on border tunnels and crossings. Additional offenses for attempt and conspiracy relating to the border tunnel crimes would be added. The penalties for these would also be the same as the completely offenses.
Table of Contents
New:
H.R. 3617: See Something, Say Something Act
H.R. 3591: Postal Service Protection Act of 2011
H.R. 3589: Trafficking Victims Protection Reauthorization Act of 2011
S. 1974: Ultralight Aircraft Smuggling Prevention Act of 2011
S. 1955: [No Title]
Updates:
H.R. 3261: Stop Online Piracy Act
S. 1236: Border Tunnel Prevention Act of 2011
--------------------------------------------------------------------------------
H.R. 3617: See Something, Say Something Act
Sponsor: Clarke (D - NY)
Official Title: A bill to amend the Child Abuse Prevention and Treatment Act to require states receiving funds under section 106 of such act to have in effect a state law providing for a criminal penalty on a person who has knowledge of child abuse or neglect, but fails to report such abuse or neglect to a law enforcement official or child protective services.
Status:
12/8/2011: Introduced in House
12/8/2011: Referred to House Education and the Workforce Committee
Commentary: This bill was likely written in reaction to the child sex abuse scandal at Penn State University. This bill would monetarily penalize states that do not enforce a law that criminally penalizes any adult to “who fails to report to a State or local law enforcement official or child protective services that the person has knowledge of child abuse or neglect that occurred in the State.” This establishes that a crime can be committed without taking any action whatsoever. Congress is attempting to enact this law at the state level through its spending power. If a state’s governor does not certify that such a law is enacted and is being enforced, the bill would revoke all of the state’s federal grants for child abuse and neglect prevention and treatment.
H.R. 3591: Postal Service Protection Act of 2011
Sponsor: DeFazio (D - OR)
Official Title: A bill to recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.
Status:
12/7/2011: Introduced in House
12/7/2011: Referred to House Judiciary Committee
12/7/2011: Referred to House Oversight and Government Reform Committee
Commentary: Within this postal services bill is a provision for mitigating a federal offense. This bill would create an exception to the current prohibition on the mailing of “intoxicating liquors” by allowing certain wine and malt beverages. These beverages are mailable if the sender is a licensed winery or brewery that meets all appropriate local, state, and federals laws and regulations. The bill would permit the postal services to set the particular new regulations to allow for these postal deliveries. The mens rea provision already in the criminal code provides only a “knowingly” protection, so it is not clear how far that might extend to meet the exceptions. This bill is similar to S. 1853.
H.R. 3589: Trafficking Victims Protection Reauthorization Act of 2011
Sponsor: Smith (R - NJ)
Official Title: A bill to authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Status:
12/7/2011: Introduced in House
12/7/2011: Referred to House Energy and Commerce Committee
12/7/2011: Referred to House Foreign Affairs Committee
12/7/2011: Referred to House Judiciary Committee
12/7/2011: Referred to House Ways and Means Committee
Commentary: This bill would codify several criminal provisions meant to punish human trafficking. First, the bill would add fraudulent foreign labor contracting as a category of offenses that fall under the racketeering statute. The bill would also extend the reach of the government’s enforcement of halting “any illicit sexual conduct with another person” in foreign places. The current statute defines “illicit sexual conduct” as sex with a minor that would be illegal under U.S. law if it occurred in a U.S. jurisdiction, or any commercial sex act with a minor. This bill would extend the reach of this restriction to those who are residing temporarily or permanently in a foreign country, and not merely those American citizens or alien permanent residents that are traveling in foreign commerce. Additionally, this bill would make it a criminal offense to “knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual” while violating or intending to violate the fraud in labor contracting statute or the Immigration and Nationality Act, in regards to the bringing or harboring of certain aliens. It would also prohibit that same knowing action “in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.” This bill is related to S. 1301.
S. 1974: Ultralight Aircraft Smuggling Prevention Act of 2011
Sponsor: Udall (D - NM)
Official Title: A bill to amend the Tariff Act of 1930 to clarify the definition of aircraft and the offenses penalized under the aviation smuggling provisions under that act, and for other purposes.
Status:
12/8/2011: Introduced in Senate
12/8/2011: Senate Consideration
12/8/2011: Senate passage by unanimous consent
12/9/2011: Received in House
Commentary: This bill would add ultralight aircraft to the definition of “aircraft” for the purposes of the Tariff Act of 1930 as a way to increase the penalties for those using these aircraft to smuggle goods. In addition to this definitional change, which would incorporate more acts into the offense, this bill would add attempt and conspiracy to commit the offense as new offenses, and equally punishable to the completed offense. The mens rea required is merely “intentional.” A violation is punishable by up to 5 years imprisonment and a $10,000 fine if the smuggled goods are not controlled substances. The penalty increases to a maximum of 20 years imprisonment and a $250,000 fine if the smuggled goods are controlled substances.
S. 1955: [No Title]
Sponsor: Paul (R - KY)
Official Title: A bill to authorize the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.
Status:
12/7/2011: Introduced in Senate
12/7/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill would decriminalize the regulations regarding “raw milk.” Currently, federal law prohibits the trade of milk that is unpasteurized. This bill would end any prohibition, interference with, regulation, or other restriction on milk or milk products that are “unpasteurized and packaged for direct human consumption, if such restriction is based on the determination that, solely because such milk or milk product is unpasteurized, such milk or milk product is adulterated, misbranded, or otherwise in violation of Federal law.” This is a companion bill to H.R. 1830.
H.R. 3261: Stop Online Piracy Act
Sponsor: Smith (R - TX)
Official Title: A bill to promote prosperity, creativity, entrepreneurship and innovation by combating the theft of U.S. property, and for other purposes.
Status:
10/26/2011: Introduced House
10/26/2011: Referred to House Judiciary Committee
11/16/2011: Hearing Held by House Judiciary Committee
12/15/2011: Mark up in the House Judiciary Committee
12/16/2011: Mark up in the House Judiciary Committee
Commentary: This bill would amend several current criminal statutes to increase penalties or make definitional changes to the laws regarding online goods. These include online streaming of copyrighted materials, trafficking in inherently dangerous goods and services and foreign economic spying. The bill would also propose changes to the Sentencing Guidelines involving these crimes.
S. 1236: Border Tunnel Prevention Act of 2011
Sponsor: Feinstein (D - CA)
Official Title:A bill to reduce the trafficking of drugs and to prevent human smuggling across the southwest border by deterring the construction and use of border tunnels.
Status:
6/20/2011: Introduced in Senate
6/20/2011: Referred to Senate Judiciary Committee
12/15/2011: Mark up in the Senate Judiciary Committee
12/15/2011: Ordered to be reported by voice vote
12/15/2011: Placed on Senate calendar
Commentary: This bill would add more criminal provisions to the federal criminal statute on border tunnels and crossings. Additional offenses for attempt and conspiracy relating to the border tunnel crimes would be added. The penalties for these would also be the same as the completely offenses.
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