Gambar halaman
PDF
ePub

94r1 CONGRESS

20 SESSION

H. R. 12942

IN THE HOUSE OF REPRESENTATIVES

March 31, 1976 Mr. Wiggins introduced the following bill; which was referred to the Com

mittee on the Judiciary

A BILL

To amend title 18, United States Code, to implement the “Con

vention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance” and the "Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents”,

and for other purposes. 1 Be it enacted by the Senate and Ilouse of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “Act for the Prevention 4 and Punishment of Crimes Against Internationally Protected

5 Persons”.

6

SEC. 2. Section 1116 of title 18, United States Code, 2

7 is amended to read as follows:

i “ç 1116. Murder or manslaughter of foreign officials,

2

official guests, or internationally protected

3

persons

4

“(a) Whoever kills or attempts to kill a foreign official, 5 official guest, or internationally protected person shall be 6 punished as provided under sections 1111, 1112, and 1113 7 of this title, except that any such person who is found guilty 8 of murder in the first degree shall be sentenced to imprison9 ment for life, and any person who is found guilty of at10 tempted murder shall be imprisoned for not more than twenty

11 years.

12

" (b) For the purposes of this section:

13

(1) Family' includes (a) a spouse, parent,

14

brother or sister, child, or person to whom the foreign

15

official or internationally protected person stands in loco

16

parentis, or (b) any other person living in his household

17

and related to the foreign official or internationally

18

19

protected person by blood or marriage.

“(2) Foreign government' means the government of a foreign country, irrespective of recognition by the

20

21

United States.

22

23

“(3) Foreign official' means

(A) a chief of state or the political equivalent, president, vice president, prime minister,

24

[blocks in formation]

4

nization, or any person who has previously served in such capacity, and any member of his family,

5

6

while in the United States; and

7

8

“(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States

9

10

11

on official business, and any member of his family

12

whose presence in the United States is in connection

13

14

with the presence of such officer or employee.
“ (4) 'Internationally protected person' means

“ (A) a chief of state or the political equivalent, head of government, or foreign minister

15

16

17

whenever such person is in a country other than his

18

own and any member of his family accompany

19

ing him; or

20

21

22

“ (B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection

23

24

4

1

against attack upon his person, freedom, or dignity, and any member of his family then forming part

2

3

of his household.

4

5

6

7

“(5) 'International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288).

“(6) Official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of

8

9

10

11

12

State.

13

"(c) If the victim of an offense under subsection (a) 14 is an internationally protected person, the United States may 15 exercise jurisdiction over the offense if the alleged offender is 16 present within the United States, irrespective of the place 17 where the offense was committed or the nationality of the 18 victim or the alleged offender. As used in this subsection, the

19 United States includes all areas under the jurisdiction of the

20 United States including any of the places within the provi21 sions of sections 5 and 7 of this title and sections 101 (34) of 22 the Federal Aviation Act of 1958, as amended (49 U.S.C.

23 1301 (34)). 24 “(d) In the course of enforcement of this section and 25 any other sections prohibiting a conspiracy or attempt to

5

1 violate this section, the Attorney General may request 2 assistance from any Federal, State, or local agency, including 3 the Army, Navy, and Air Force, any statute, rule, or regula4 tion to the contrary, notwithstanding.”. 5 Sec. 3. The analysis at the beginning of chapter 51 of 6 title 18, United States Code, relating to section 1116 is

7 amended to read as follows:

“1116. Murder or manslaughter of foreign officials, official guests, or

internationally protected persons.”.

8

SEC. 4. Section 1201 of title 18, United States Code,

9 is amended as follows:

10

(a) by deleting subsection (a) (4) and inserting

[blocks in formation]

12 “(a) (4) the person is a foreign official, an internation13 ally protected person, or an official guest as those terms are 14 defined in section 116 (b) of this title,”.

15

16

(b) by adding at the end thereof new subsections (d), (e), and (f) as follows: “(d) Whoever attempts to violate this section shall be

17

20

18 punished by imprisonment for not more than twenty years. 19 " (e) If the victim of an offense under subsection (a) is

an internationally protected person, the United States may 21 exercise jurisdiction over the offense if the alleged offender 22 is present within the United States, irrespective of the place 23 where the offense was committed or the nationality of the

« SebelumnyaLanjutkan »