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House Bill 1741
115th Congress(2017-2018)
Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act
Introduced
Introduced
Introduced in House on Mar 27, 2017
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Introduced in House 
Mar 27, 2017
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Introduced in House(Mar 27, 2017)
Mar 27, 2017
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H. R. 1741 (Introduced-in-House)


115th CONGRESS
1st Session
H. R. 1741


To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 27, 2017

Ms. McSally (for herself, Mr. Pearce, Mr. Franks of Arizona, Ms. Sinema, Mr. Gosar, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act”.

SEC. 2. Unlawfully hindering immigration, border, and customs controls.

(a) Enhanced penalties.—

(1) IN GENERAL.—Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following:

“SEC. 295. Unlawfully hindering immigration, border, and customs controls.

“(a) Illicit spotting.—Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, imprisoned not more than 10 years, or both.

“(b) Destruction of United States border controls.—Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry—

“(1) shall be fined under title 18, imprisoned not more than 10 years, or both; and

“(2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under title 18, imprisoned not more than 20 years, or both.

“(c) Conspiracy and attempt.—Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.”.

(2) CLERICAL AMENDMENT.—The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following:


“Sec. 295. Unlawfully hindering immigration, border, and customs controls.”.

(b) Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime.—Section 924(c) of title 18, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by inserting “, alien smuggling crime,” after “crime of violence” each place that term appears; and

(B) in subparagraph (D)(ii), by inserting “, alien smuggling crime,” after “crime of violence”; and

(2) by adding at the end the following:

“(6) For purposes of this subsection, the term ‘alien smuggling crime’ means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328).”.

(c) Statute of limitations.—Section 3298 of title 18, United States Code, is amended by inserting “, 295, 296, or 297” after “274(a)”.