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H.R. 6468: Putting the Brakes on Human Smuggling Act
Jul 17, 2008 H.R. 6468: Putting the Brakes on Human Smuggling Act Sponsor: Cuellar (D - TX) Official Title: A bill to disqualify any individual who engages in or is convicted of human smuggling from operating a commercial motor vehicle or holding a commercial driver’s license and for other purposes. Status: Commentary: This bill, a companion to S. 3250, would prohibit “using a commercial motor vehicle in willfully aiding or abetting an alien’s illegal entry into the United States.” First violations would be punishable by revocation of a driver’s commercial motor vehicle license for at least one year. Second and subsequent violations would be punishable by permanent revocation, though the revocation period may be reduced by the Secretary of Transportation to a period of at least 10 years. In addition, the bill would impose a lifetime disqualification from operating a commercial vehicle if an individual uses such a vehicle in violation of the Immigration and Nationality Act’s criminal prohibition against transporting a known alien into the United States without passing through designated ports of entry and against harboring or transporting a known alien in furtherance of a violation of immigration law.
H.R. 6486: Drug Testing Integrity Act of 2008
Jul 17, 2008 H.R. 6486: Drug Testing Integrity Act of 2008 Sponsor: Engel (D - NY) Official Title: A bill to prohibit the manufacture, marketing, sale, or shipment in interstate commerce of products designed to assist in defrauding a drug test. Status: Commentary: This bill would make it unlawful to “knowingly manufacture, market, sell, ship, or otherwise provide to another individual any product with the intent to assist such other individual to use such product to defraud a drug test.” Violations would be deemed per se “unfair or deceptive acts” under the Federal Trade Commission Act and thus subject to that law’s criminal and civil penalties.
H.R. 6434: Clean Cruise Ship Act of 2008
Jul 17, 2008 H.R. 6434: Clean Cruise Ship Act of 2008 Sponsor: Farr (D - CA) Official Title: A bill to establish national standards for discharges from cruise vessels into the waters of the United States, and for other purposes. Status: Commentary: This bill, a companion to S. 2881, would impose civil and criminal penalties for the discharge of certain effluents from cruise ships into the waters of the United States. “Negligent violations” would be Class A misdemeanors (punishable by a criminal fine of up to $100,000 and imprisonment of up to one year), while “knowing violations” and knowingly made false statements would be Class D felonies (punishable by a criminal fine of up to $250,000 and imprisonment of up to 6 years).
H.R. 6454: E-Verify Extension and Expansion Act of 2008
Jul 17, 2008 H.R. 6454: E-Verify Extension and Expansion Act of 2008 Sponsor: Cannon (R - UT) Official Title: A bill to extend and expand the E-verify program for employment eligibility confirmation, and for other purposes. Status: Commentary: This bill would create an immigration-law safe harbor for businesses electing to participate in the E-Verify program to confirm the identity and employment status of current and potential employees. The government employees and contractors maintaining the E-Verify database would be subject to criminal liability for willfully and knowingly collecting and maintaining information in the database that is not necessary to enroll employers in the program, to establish and enforce compliance, or to detect and prevent employment-related identity fraud. Violations of this prohibition would be misdemeanors and subject to criminal fines of up to $1,000 per violation. In addition, the bill would prohibit using data obtained through E-Verify to commit fraud or to obtain unlawful employment. Violations would be punishable by criminal fines and imprisonment of up to 5 years.
S. 3250: Putting the Brakes on Human Smuggling Act
Jul 17, 2008 S. 3250: Putting the Brakes on Human Smuggling Act Sponsor: Cornyn (R - TX) Official Title: A bill to disqualify any individual who engages in or is convicted of human smuggling from operating a commercial motor vehicle or holding a commercial driver’s license and for other purposes. Status: Commentary: This bill, a companion to H.R. 6468, would prohibit “using a commercial motor vehicle in willfully aiding or abetting an alien’s illegal entry into the United States.” First violations would be punishable by revocation of a driver’s commercial motor vehicle license for at least one year. Second and subsequent violations would be punishable by permanent revocation, though the revocation period may be reduced by the Secretary of Transportation to a period of at least 10 years. In addition, the bill would impose a lifetime disqualification from operating a commercial vehicle if an individual uses such a vehicle in violation of the Immigration and Nationality Act’s criminal prohibition against transporting a known alien into the United States without passing through designated ports of entry and against harboring or transporting a known alien in furtherance of a violation of immigration law.
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ATOM:
Over-Criminalization of Social and Economic Conduct The origin of modern criminal law can be traced to early feudal times. From its inception, the criminal law expressed both a moral and a practical judgment about the societal consequences of certain activity: to be a crime, the law required that an individual must both cause (or attempt to cause) a wrongful injury and do so with some form of malicious intent. Classically, lawyers capture this insight in two principles... 
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07/17/2008 02:58 PM