Section 1 Short title
This Act may be cited as the “Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act”.
Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act
A BILL
To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.
Sec. 2 Unlawfully hindering immigration, border, and customs controls
Enhanced penalties—
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:
“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, United States Code, 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, United States Code, 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 such 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.”
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:
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—
by striking “For purposes of this subsection,” each place such phrase appears;
in paragraph (1)—
in subparagraph (A), by inserting “, alien smuggling crime,” after “crime of violence” each place that term appears; and
in subparagraph (D)(ii), by inserting “, alien smuggling crime,” after “crime of violence”;
in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly;
by redesignating paragraphs (2), (3), and (4) as subparagraphs (D), (C), and (B), respectively, and adjusting the margin accordingly;
by transferring subparagraph (B), as redesignated, to appear before subparagraph (C), as redesignated;
by transferring subparagraph (D), as redesignated, to appear after subparagraph (C), as redesignated;
by redesignating paragraph (5) as paragraph (2) and transferring the redesignated paragraph to appear after paragraph (1);
by inserting after paragraph (2), as redesignated and transferred, the following:
“(3) As used in this subsection—
“(A) 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);”
in paragraph (3), as redesignated—
in subparagraph (B), as redesignated, by striking the period at the end and inserting a semicolon; and
in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting “; and”.
Conforming amendments—
Bankruptcy code— Section 707(c)(1)(B) of title 11, United States Code, is amended by striking “section 924(c)(2)” and inserting “section 924(c)(3)(D)”;
Criminal code— Title 18, United States Code, is amended—
in section 844(o)—
by striking “section 924(c)(3)” and inserting “section 924(c)(3)(C)”; and
by striking “section 924(c)(2)” and inserting “section 924(c)(3)(D)”;
in section 1028(b)(3)(B), by striking “section 924(c)(3)” and inserting “section 924(c)(3)(C)”; and
in section 4042(b)(3)—
in subparagraph (A), by striking “section 924(c)(2)” and inserting “section 924(c)(3)(D)”; and
in subparagraph (B), by striking “section 924(c)(3)” and inserting “section 924(c)(3)(C)”.
Prisons— Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is amended by striking “section 924(c)(3)” and inserting “section 924(c)(3)(C)”.
Statute of limitations— Section 3298 of title 18, United States Code, is amended—
by inserting “or 295” after “274(a)”; and
by inserting “(8 U.S.C. 1324(a) and 1363b)” after “Immigration and Nationality Act”.