I 

115TH CONGRESS 

2D SESSION H. R. 5526 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2018 

Mr. RATCLIFFE (for himself, Mr. SMITH of Texas, Mr. HENSARLING, Mr. 

KING of Iowa, Mr. WALKER, Mr. BIGGS, Mr. BARLETTA, Mr. BABIN, Mr. 

GOSAR, Mr. DUNN, Mr. WOMACK, Mr. ARRINGTON, Mr. BURGESS, and 

Mr. ROKITA) introduced the following bill; which was referred to the 

Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Peter, Ellie, and Gray5 son Victims of Illegal Criminal Entry Act of 2018’’ or as 

6 the ‘‘VOICES Act of 2018’’. 


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1 SEC. 2. DIRECTIVES TO THE SENTENCING COMMISSION. 

2 Pursuant to its authority under section 994(p) of title 

3 28, United States Code, and in accordance with this sec4 tion, the United States Sentencing Commission shall re5 view and amend— 

6 (1) its guidelines and its policy statements ap7 plicable to persons convicted of an offense who are 

8 aliens who are not lawfully present in the United 

9 States, to provide that such unlawful presence be 

10 considered an aggravating factor for any Federal 

11 criminal offense; and 

12 (2) its guidelines and its policy statements ap13 plicable to persons convicted of an offense under sec14 tion 276 of the Immigration and Nationality Act (8 

15 U.S.C. 1326) to provide that any criminal offense 

16 committed after such a person unlawfully reenters, 

17 attempts to reenter, or is found in the United States 

18 be considered an aggravating factor with regard to 

19 such offense under section 276. 

20 SEC. 3. SERVICE OF A TERM OF IMPRISONMENT FOR UN21 LAWFUL REENTRY. 

22 Section 3584 of title 18, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(d) CERTAIN IMMIGRATION OFFENSES.—In the 

25 case of any defendant who is convicted of an offense under 


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1 section 276 of the Immigration and Nationality Act (8 

2 U.S.C. 1326)— 

3 ‘‘(1) if that defendant has committed any other 

4 offense while unlawfully present in the United 

5 States, the Federal term of imprisonment for the of6 fense under such section 276 may not be concurrent 

7 with any State term of imprisonment for such other 

8 offense; and 

9 ‘‘(2) no time served in a State facility or in any 

10 facility other than a facility administered by the Bu11 reau of Prisons may be credited toward the service 

12 of the term of imprisonment for the offense under 

13 such section 276.’’. 

14 SEC. 4. REENTRY OF REMOVED ALIENS. 

15 Section 276(b) of the Immigration and Nationality 

16 Act (8 U.S.C. 1326(b)) is amended— 

17 (1) in paragraph (3), by striking ‘‘or’’ at the 

18 end; 

19 (2) in paragraph (4), by striking the period at 

20 the end and inserting a semicolon; and 

21 (3) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) who, subsequent to removal and unlawful 

24 reentry, is determined by a criminal court of com25 petent jurisdiction to have committed an act that reVerDate Sep 11 2014 22:38 Apr 19, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5526.IH H5526

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1 sulted in injury to another person or persons, shall 

2 be fined under title 18, United States Code, and im3 prisoned for not less than 10 years and not more 

4 than 20 years; or 

5 ‘‘(6) who, subsequent to removal and unlawful 

6 reentry, is determined by a criminal court of com7 petent jurisdiction to have committed an act that re8 sulted in the death of another person or persons, 

9 shall be fined under title 18, United States Code, 

10 and imprisoned for not less than 20 years and not 

11 more than 40 years.’’. 

Æ 


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