Friday, February 3, 2012

Overcriminalized.com Legislative Update

From Overcriminalized.com:




Sponsor: Petri (R - WI)

Official Title: A bill to amend Title 23, U.S. Code, to modify a provision relating to minimum penalties for repeat offenders for driving while intoxicated or driving under the influence, and for other purposes.

Status:
1/23/2012: Introduced in House
1/23/2012: Referred to House Transportation and Infrastructure Committee

Commentary: This bill would alter the penalty on repeat offenders for driving while intoxicated. First, the bill amends the current statute, which requires “a driver’s license suspension for not less than 1 year” for repeat offenders, and clarifies and expands the ban to “all driving privileges for not less than 1 year”. Second, rather than offering an option less than 1 year driver’s license suspension under the “combination” penalty provision, a “suspension of unlimited driving privileges for 1 year” would become the first option, as opposed to only 45 days, as the current statute states. This bill is similar to S. 1816.

Sponsor: Franks (R - AZ)

Official Title: A bill to amend title 18, United States Code, to protect pain-capable unborn children in the District of Columbia, and for other purposes.

Status:
1/23/2012: Introduced in House
1/23/2012: Referred to House Judiciary Committee
1/23/2012: Referred to House Oversight and Government Reform Committee

Commentary: The bill would require the physician performing an abortion to determine the age of the fetus. This bill would make it illegal to perform an abortion in the District of Columbia without meeting the requirements outlined in the bill. These include a determination by the physician through questioning of the mother, as well as tests. If the post-fertilization age of the fetus is 20 weeks or more, the abortion would not be legal. There are exceptions for the life of the mother. A violation would be punishable by up to 2 years imprisonment and a fine under Title 18, U.S. Code.

Sponsor: Giffords (D - AZ)

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:
1/23/2012: Introduced in House
1/23/2012: Referred to House Armed Services Committee
1/23/2012: Referred to House Ways and Means Committee
1/25/2012: House passage by roll call vote under suspension of the rules
1/26/2012: Received in Senate
1/26/2012: Senate passage by unanimous consent
1/30/2012: Sent to President

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. This bill is related to S. 1974.

Sponsor: Schrader (D - OR)

Official Title: A bill to provide for a uniform national standard for the housing and treatment of egg-laying hens, and for other purposes.

Status:
1/23/2012: Introduced in House
1/23/2012: Referred to House Agriculture Committee

Commentary: This bill would create several new criminal offenses based on an amended statutory regime regarding egg-laying hens. This bill amends and adds new terms to the Egg Products Inspection Act, 21 U.S.C. Sec. 1033 et. al. Those terms primarily deal with housing of egg-laying hens. There are a number of hen-housing requirements that range from space in between cages and the proper water system for the hens. All of these alterations to the standards are made into criminal provisions by including a violation of the standard as a prohibited act. A violation would be punishable by up to 1 year imprisonment and a $5,000 fine. There is strict liability for such violations. In addition, a violation that includes the intent to defraud, or distribution or attempted distribution of a known adulterated product is punishable by up to three years imprisonment and a $10,000 fine.

Sponsor: Lungren (R - CA)

Official Title: A bill to amend the Homeland Security Act of 2002 to make certain improvements in the laws relating to cybersecurity, and for other purposes.

Status:
12/15/2011: Introduced in House
12/15/2011: Referred to House Homeland Security Committee
12/15/2011: Referred to House Judiciary Committee
12/15/2011: Referred to House Oversight and Government Reform Committee
12/15/2011: Referred to House Science, Space and Technology Committee
12/15/2011: Referred to House Select Intelligence Committee
2/1/2012: Mark up in the House Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies

Commentary: This bill, creating a large government infrastructure to face cybersecurity threats, also establishes a new criminal offense. Part of this comprehensive legislation includes the National Information Sharing Organization, which is charged with connecting government, companies, and individuals (members) in order to share information about cybersecurity threats. Some of the information passed will be confidential. It is unlawful for an individual associated with the organization, including government and member employees, to “knowingly publish, divulge, disclose, or make known in any manner or to any extent not authorized by law, any cyber threat information protected from disclosure by this title” any information that they learned by virtue of their connection to the Sharing Organization. A violation of this would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code, and will also be removed from their position or employment.

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
1/30/2012: Senate passage by unanimous consent

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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