[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1136 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1136
To authorize sentencing enhancements for certain criminal offenses
directed by or coordinated with foreign governments.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2025
Ms. Hassan (for herself, Ms. Ernst, Mr. Banks, and Ms. Slotkin)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize sentencing enhancements for certain criminal offenses
directed by or coordinated with foreign governments.
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 ``Deterring External Threats and
Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors
Act'' or the ``DETERRENCE Act''.
SEC. 2. KIDNAPPING.
Section 1201 of title 18, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
``(h) Sentence Enhancements for Offenses Directed by or Coordinated
With Foreign Governments.--
``(1) In general.--The sentence of a person convicted of an
offense under subsection (a) may be increased by up to 10 years
if such offense was committed knowingly at the direction of or
in coordination with a foreign government or an agent of a
foreign government.
``(2) Conspiracy.--The sentence of a person convicted of
conspiring to commit a violation of subsection (a) as part of a
conspiracy under the elements specified in subsection (c) may
be increased by up to 10 years if--
``(A) 1 or more of the persons involved in such
conspiracy were knowingly acting in coordination with a
foreign government or an agent of a foreign government;
and
``(B) the person convicted of conspiring to commit
a violation of subsection (a) knew that 1 or more of
the persons involved in such conspiracy were knowingly
acting in coordination with a foreign government or an
agent of a foreign government.
``(3) Attempt.--The sentence of a person convicted of an
attempt to violate subsection (a) may be increased by up to 5
years if such attempt was knowingly at the direction of or in
coordination with a foreign government or an agent of a foreign
government.''; and
(3) in subsection (i), as so designated, by inserting
``Definition.--'' before ``As used in this section''.
SEC. 3. USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF
MURDER-FOR-HIRE.
(a) In General.--Section 1958 of title 18, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or Coordinated
With Foreign Governments.--The sentence of a person convicted of an
offense under subsection (a)--
``(1) may be increased by up to 5 years, if such offense
was committed knowingly at the direction of or in coordination
with a foreign government or an agent of a foreign government;
and
``(2) may be increased by up to 10 years--
``(A) if such offense was committed knowingly at
the direction of or in coordination with a foreign
government or an agent of a foreign government; and
``(B) personal injury results.''; and
(3) in subsection (c), as so redesignated, by inserting
``Definitions.--'' before ``As used in this section''.
(b) Technical and Conforming Amendments.--
(1) Section 2332b(g)(2) of title 18, United States Code, is
amended by striking ``section 1958(b)(2)'' and inserting
``section 1958''.
(2) Section 1010A(d) of the Controlled Substances Import
and Export Act (21 U.S.C. 960a(d)) is amended by striking
``section 1958(b)(1)'' and inserting ``section 1958''.
SEC. 4. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL
OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.
Section 115(b) of title 18, United States Code, is amended by
adding at the end the following:
``(5) The sentence of a person convicted of an offense under
subsection (a), if such offense was committed knowingly at the
direction of or in coordination with a foreign government or an agent
of a foreign government--
``(A) may be increased by up to 5 years if the offense
committed was an assault involving physical contact with the
victim of that assault or the intent to commit another felony;
``(B) may be increased by up to 10 years if--
``(i) the offense committed was an assault
resulting in bodily injury (including serious bodily
injury (as that term is defined in section 1365 of this
title));
``(ii) the offense involved any conduct that, if
the conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242 of this title; or
``(iii) a dangerous weapon was used during and in
relation to the offense; and
``(C) may be increased by up to 10 years if the offense
committed was a murder, attempted murder, or conspiracy to
murder.''.
SEC. 5. STALKING.
Section 2261A of title 18, United States Code, is amended--
(1) by striking ``Whoever--'' and inserting ``(a) In
General.--Except as provided in subsection (b), whoever--'';
and
(2) by adding at the end the following:
``(b) Enhanced Penalties for Offenses Involving Foreign
Governments.--The sentence of a person convicted of an offense under
paragraph (1) or (2) of subsection (a), if such offense was committed
knowingly at the direction of or in coordination with a foreign
government or an agent of a foreign government--
``(1) may be increased by up to 5 years if--
``(A) serious bodily injury (including permanent
disfigurement or life threatening bodily injury) to the
victim results;
``(B) the offender uses a dangerous weapon during
the offense; or
``(C) the victim of the offense is under the age of
18 years;
``(2) may be increased by up to 10 years if death of the
victim results; and
``(3) may be increased by up to 30 months in any other
case.''.
SEC. 6. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.
Section 1114 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or Coordinated
With Foreign Governments.--The sentence of a person convicted of an
offense under subsection (a) may be increased by up to 10 years if such
offense was committed knowingly at the direction of or in coordination
with a foreign government or an agent of a foreign government.''.
SEC. 7. PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING,
AND ASSAULT.
Section 1751 of title 18, United States Code, is amended--
(1) by redesignating subsections (f) through (k) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f)(1) The sentence of a person convicted of an offense under
subsection (a), (b), or (c) may be increased by up to 10 years if such
offense was committed knowingly at the direction of or in coordination
with a foreign government or an agent of a foreign government.
``(2) The sentence of a person convicted of conspiring to kill or
kidnap any individual designated in subsection (a) as part of a
conspiracy under the elements specified in subsection (d) may be
increased by up to 10 years if--
``(A) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign government
or an agent of a foreign government; and
``(B) the person convicted of conspiring to kill or kidnap
an individual designated in subsection (a) knew that 1 or more
of the persons involved in such conspiracy were knowingly
acting in coordination with a foreign government or an agent of
a foreign government.
``(3) The sentence of a person convicted of an offense under
subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(1); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent of
a foreign government.
``(4) The sentence of a person convicted of an offense under
subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(2); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent of
a foreign government.
``(5) The sentence of a person convicted of an offense under
subsection (e) may be increased by up to 10 years if--
``(A)(i) the offense involved the use of a dangerous
weapon; or
``(ii) personal injury resulted; and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent of
a foreign government.''.
<all>