Sarah's Law

II 117TH CONGRESS 1ST SESSION S. 80 To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Ms. ERNST (for herself, Mr. GRASSLEY, Mr. SASSE, Mrs. FISCHER, Mr. COR- NYN, Mrs. BLACKBURN, Mr. COTTON, Mr. CRUZ, Mr. THUNE, Mr. LEE, Mr. INHOFE, Mr. MORAN, Mr. SCOTT of Florida, Mr. SCOTT of South Carolina, Mr. TILLIS, Mrs. HYDE-SMITH, Mr. CRAMER, Mr. BRAUN, Mr. BLUNT, and Ms. LUMMIS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Sarah’s Law’’. 4 VerDate Sep 11 2014 19:04 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S80.IS S80 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 80 IS SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS 1 CHARGED WITH A CRIME RESULTING IN 2 DEATH OR SERIOUS BODILY INJURY. 3 Section 236(c) of the Immigration and Nationality 4 Act (8 U.S.C. 1226(c)) is amended— 5 (1) in paragraph (1)— 6 (A) in subparagraphs (A) and (B), by 7 striking the comma at the end of each subpara- 8 graph and inserting a semicolon; 9 (B) in subparagraph (C)— 10 (i) by striking ‘‘sentence’’ and insert- 11 ing ‘‘sentenced’’; and 12 (ii) by striking ‘‘, or’’ and inserting a 13 semicolon; 14 (C) in subparagraph (D), by striking the 15 comma at the end and inserting ‘‘; or’’; and 16 (D) by inserting after subparagraph (D) 17 the following: 18 ‘‘(E)(i)(I) was not inspected and admitted 19 into the United States; 20 ‘‘(II) held a nonimmigrant visa (or other 21 documentation authorizing admission into the 22 United States as a nonimmigrant) that has 23 been revoked under section 221(i); or 24 ‘‘(III) is described in section 25 237(a)(1)(C)(i); and 26 VerDate Sep 11 2014 19:04 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S80.IS S80 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 80 IS ‘‘(ii) has been charged by a prosecuting au- 1 thority in the United States with any crime 2 that resulted in the death or serious bodily in- 3 jury (as defined in section 1365(h)(3) of title 4 18, United States Code) of another person,’’; 5 and 6 (2) by adding at the end the following: 7 ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en- 8 countering or gaining knowledge of an alien de- 9 scribed in paragraph (1), the Assistant Secretary of 10 Homeland Security for Immigration and Customs 11 Enforcement shall make reasonable efforts— 12 ‘‘(A) to obtain information from law en- 13 forcement agencies and from other available 14 sources regarding the identity of any victims of 15 the crimes for which such alien was charged or 16 convicted; and 17 ‘‘(B) to provide the victim or, if the victim 18 is deceased, a parent, guardian, spouse, or clos- 19 est living relative of such victim, with informa- 20 tion, on a timely and ongoing basis, including— 21 ‘‘(i) the alien’s full name, aliases, date 22 of birth, and country of nationality; 23 ‘‘(ii) the alien’s immigration status 24 and criminal history; 25 VerDate Sep 11 2014 19:04 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S80.IS S80 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 80 IS ‘‘(iii) the alien’s custody status and 1 any changes related to the alien’s custody; 2 and 3 ‘‘(iv) a description of any efforts by 4 the United States Government to remove 5 the alien from the United States.’’. 6 SEC. 3. SAVINGS PROVISION. 7 Nothing in this Act, or the amendments made by this 8 Act, may be construed to limit the rights of crime victims 9 under any other provision of law, including section 3771 10 of title 18, United States Code. 11 Æ VerDate Sep 11 2014 19:04 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S80.IS S80 pamtmann on DSKBC07HB2PROD with BILLS