House Focuses on Federal Over-Criminalization With Task Force, Bill
Burdensome federal criminal statutes are getting attention in the House, with the creation of a bipartisan task force on over-criminalization and a new bill designed to reduce the existing criminal code by a third. The House Judiciary Committee approved creation of the task force May 5. Led by Crime, Terrorism, Homeland Security and Investigations Subcommittee Chairman Jim Sensenbrenner, R-Wisc., the group will work for six months to assess current statutes and recommend improvements.
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“Our current criminal code is riddled with outdated provisions,” Sensenbrenner said in a statement (here). The task force will work to clean up Title 18, which covers federal crimes, he said. “Congress must ensure the federal role in criminal prosecutions is properly limited to offenses within federal jurisdiction and within the scope of constitutionally-delegated federal powers.” Sensenbrenner also introduced HR-1860 on May 7, which aims to shorten and simply the federal criminal code. He introduced the same bill in 2011 (read that version here). The sheer volume of the bill -- more than 1,200 pages -- “brings into specific focus the breadth of the criminal code and the need to reform it,” he said.
Some of the trade-related provisions in the 2011 bill (the text of the 2013 bill is not yet available) include:
- Importing or exporting listed chemicals with intent to manufacture a controlled substance, or knowledge that the chemical will be used to manufacture a controlled substance carries a 20-year maximum sentence.
- Exporting or importing aircraft, space vehicles or any parts associated with them using fraudulent documents or representation the penalties can be anywhere from a $500,000 fine and 15 years in prison -- if the offense relates to a misrepresentation of the item’s quality -- or $20 million if an organization committed the offense, and it resulted in serious bodily injury.
- Falsely classified goods imported into the U.S., which result in lower duties, or goods imported using false documents, carry a maximum penalty of two years in prison.
- Importing or exporting stolen motor vehicles, aircraft or other vessels carries a maximum 10-year prison sentence.
- Smuggling goods into foreign countries carries a two-year maximum sentence, while smuggling goods into the U.S. carries a 20-year maximum sentence.