Saturday, March 17, 2012

Overcriminalized.com Legislative Update

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Overcriminalized.comprovides the Legislative Update Alert to e-mail subscribers interested in legislation pending in Congress that could perpetuate the dangerous trend of criminalizing more and more social and economic activity.

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America is in the throes of overcriminalization: We are making and enforcing far too many criminal laws that create traps for the innocent but unwary and threaten to make criminals out of those who are doing their best to be respectable, law-abiding citizens.
One Nation Under Arrest highlights a major effort to return the criminal law to its traditional and proper role in society: to ensure public safety and protect the innocent. With first-hand stories from victims of overcriminalization, One Nation Under Arrest sheds light on an insidious problem that few recognize or care about but which is vital to the fundamental values of the Republic and our concept of justice.

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"Overcriminalization" includes:
 
1. Federalizing crime that properly belongs under state and local jurisdiction;
2. Imposing criminal penalties upon persons who acted without criminal intent (mens rea);
3. Applying criminal sanctions to conduct that historically has not been considered wrongful.

The Legislative Update Alertincludes bills our researchers have indentified that add or expand federal criminal offenses or penalties, but it generally does NOT include bills involving drugs, firearms, or crimes of violence.

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Sponsor: Welch (D - VT)

Official Title: A bill to amend title 18, United States Code, to prohibit fraudulently representing a product to be maple syrup.

Status:
11/3/2011: Introduced in House
11/3/2011: Referred to House Judiciary Committee

Commentary: This bill would create the criminal offense of “[f]raudulently representing a product as maple syrup.” The bill would define what constitutes “maple syrup” and would make it a crime for a person to “knowingly and willfully introduce or deliver for introduction into interstate commerce a product that is labeled as maple syrup and that is not maple syrup.” There is an exception if the label also includes a “clear identification” of what the product really is. A violation is punishable by up to 5 years in prison and a fine under Title 18, U.S. Code. This is a companion bill to S. 1742.

Sponsor: Herger (R - CA)

Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.

Status:
11/2/2011: Introduced in House
11/2/2011: Referred to House Transportation and Infrastructure Committee
11/4/2011: House passage by roll call vote under suspension of the rules
11/7/2011: Received in Senate
11/7/2011: Placed on Senate calendar

Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3311 and S. 1759.

Sponsor: Bilbray (R - CA)

Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.

Status:
11/2/2011: Introduced in House
11/2/2011: Referred to House Transportation and Infrastructure Committee

Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3321 and S. 1759.

Sponsor: Blumenthal (D - CT)

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:
11/2/2011: Introduced in Senate
11/2/2011: Referred to Senate Judiciary Committee

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. This is a companion bill to H.R. 347, which passed the House in March 2011.

Sponsor: Feinstein (D - CA)

Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.

Status:
10/20/2011: Introduced Senate
10/20/2011: Referred to Senate Commerce, Science and Transportation Committee
11/2/2011: Ordered to be reported Senate Commerce, Science and Transportation Committee
11/3/2011: Placed on Senate calendar
11/3/2011: Senate passage with amendment by unanimous consent
11/3/2011: Received in House

Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3311, and H.R. 3321.

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