VOICES Act of 2019

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1645 Introduced in House (IH)]

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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 manner in which sentences for such offenses are to be 
                    served, and for other purposes.


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                    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) introduced the 
  following bill; which was referred to the Committee on the Judiciary

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                                 A BILL


 
     To amend title 18, United States Code, to provide for certain 
 sentencing enhancements relating to illegal reentry offenses, and to 
   clarify the manner in which sentences for such offenses are to be 
                    served, 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 ``Peter, Ellie, and Grayson Victims of 
Illegal Criminal Entry Act of 2019'' or as the ``VOICES Act of 2019''.

SEC. 2. DIRECTIVES TO THE SENTENCING COMMISSION.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend--
            (1) its guidelines and its policy statements applicable to 
        persons convicted of an offense who are aliens who are not 
        lawfully present in the United States, to provide that such 
        unlawful presence be considered an aggravating factor for any 
        Federal criminal offense; and
            (2) its guidelines and its policy statements applicable to 
        persons convicted of an offense under section 276 of the 
        Immigration and Nationality Act (8 U.S.C. 1326) to provide that 
        any criminal offense committed after such a person unlawfully 
        reenters, attempts to reenter, or is found in the United States 
        be considered an aggravating factor with regard to such offense 
        under section 276.

SEC. 3. SERVICE OF A TERM OF IMPRISONMENT FOR UNLAWFUL REENTRY.

    Section 3584 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Certain Immigration Offenses.--In the case of any defendant 
who is convicted of an offense under section 276 of the Immigration and 
Nationality Act (8 U.S.C. 1326)--
            ``(1) if that defendant has committed any other offense 
        while unlawfully present in the United States, the Federal term 
        of imprisonment for the offense under such section 276 may not 
        be concurrent with any State term of imprisonment for such 
        other offense; and
            ``(2) no time served in a State facility or in any facility 
        other than a facility administered by the Bureau of Prisons may 
        be credited toward the service of the term of imprisonment for 
        the offense under such section 276.''.

SEC. 4. REENTRY OF REMOVED ALIENS.

    Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 
1326(b)) is amended--
            (1) in paragraph (3), by striking ``or'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting after paragraph (4) the following:
            ``(5) who, subsequent to removal and unlawful reentry, is 
        determined by a criminal court of competent jurisdiction to 
        have committed an act that resulted in injury to another person 
        or persons, shall be fined under title 18, United States Code, 
        and imprisoned for not less than 10 years and not more than 20 
        years; or
            ``(6) who, subsequent to removal and unlawful reentry, is 
        determined by a criminal court of competent jurisdiction to 
        have committed an act that resulted in the death of another 
        person or persons, shall be fined under title 18, United States 
        Code, and imprisoned for not less than 20 years and not more 
        than 40 years.''.
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