VOICES Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1645 To amend title 18, United States Code, to provide for certain sentencing enhancements relating to illegal reentry offenses, and to clarify the man- ner in which sentences for such offenses are to be served, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 8, 2019 Mr. RATCLIFFE (for himself, Mr. BURGESS, Mr. ARRINGTON, Mr. BROOKS of Alabama, Mr. BABIN, Mr. GAETZ, Mr. BIGGS, Mr. YOHO, Mr. WRIGHT, Mr. MCCLINTOCK, Mr. CLOUD, Mr. MCKINLEY, and Mr. GUEST) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend title 18, United States Code, to provide for certain sentencing enhancements relating to illegal reentry of- fenses, and to clarify the manner in which sentences for such offenses are to be served, and for other pur- poses. 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 the ‘‘Peter, Ellie, and Gray- 4 son Victims of Illegal Criminal Entry Act of 2019’’ or as 5 the ‘‘VOICES Act of 2019’’. 6 VerDate Sep 11 2014 23:14 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1645 IH SEC. 2. DIRECTIVES TO THE SENTENCING COMMISSION. 1 Pursuant to its authority under section 994(p) of title 2 28, United States Code, and in accordance with this sec- 3 tion, the United States Sentencing Commission shall re- 4 view and amend— 5 (1) its guidelines and its policy statements ap- 6 plicable to persons convicted of an offense who are 7 aliens who are not lawfully present in the United 8 States, to provide that such unlawful presence be 9 considered an aggravating factor for any Federal 10 criminal offense; and 11 (2) its guidelines and its policy statements ap- 12 plicable to persons convicted of an offense under sec- 13 tion 276 of the Immigration and Nationality Act (8 14 U.S.C. 1326) to provide that any criminal offense 15 committed after such a person unlawfully reenters, 16 attempts to reenter, or is found in the United States 17 be considered an aggravating factor with regard to 18 such offense under section 276. 19 SEC. 3. SERVICE OF A TERM OF IMPRISONMENT FOR UN- 20 LAWFUL REENTRY. 21 Section 3584 of title 18, United States Code, is 22 amended by adding at the end the following: 23 ‘‘(d) CERTAIN IMMIGRATION OFFENSES.—In the 24 case of any defendant who is convicted of an offense under 25 VerDate Sep 11 2014 23:14 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1645 IH section 276 of the Immigration and Nationality Act (8 1 U.S.C. 1326)— 2 ‘‘(1) if that defendant has committed any other 3 offense while unlawfully present in the United 4 States, the Federal term of imprisonment for the of- 5 fense under such section 276 may not be concurrent 6 with any State term of imprisonment for such other 7 offense; and 8 ‘‘(2) no time served in a State facility or in any 9 facility other than a facility administered by the Bu- 10 reau of Prisons may be credited toward the service 11 of the term of imprisonment for the offense under 12 such section 276.’’. 13 SEC. 4. REENTRY OF REMOVED ALIENS. 14 Section 276(b) of the Immigration and Nationality 15 Act (8 U.S.C. 1326(b)) is amended— 16 (1) in paragraph (3), by striking ‘‘or’’ at the 17 end; 18 (2) in paragraph (4), by striking the period at 19 the end and inserting a semicolon; and 20 (3) by inserting after paragraph (4) the fol- 21 lowing: 22 ‘‘(5) who, subsequent to removal and unlawful 23 reentry, is determined by a criminal court of com- 24 petent jurisdiction to have committed an act that re- 25 VerDate Sep 11 2014 23:14 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1645 IH sulted in injury to another person or persons, shall 1 be fined under title 18, United States Code, and im- 2 prisoned for not less than 10 years and not more 3 than 20 years; or 4 ‘‘(6) who, subsequent to removal and unlawful 5 reentry, is determined by a criminal court of com- 6 petent jurisdiction to have committed an act that re- 7 sulted in the death of another person or persons, 8 shall be fined under title 18, United States Code, 9 and imprisoned for not less than 20 years and not 10 more than 40 years.’’. 11 Æ VerDate Sep 11 2014 23:14 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1645.IH H1645 pamtmann on DSKBFK8HB2PROD with BILLS