S. 3526 would enhance drug trafficking interdiction by creating a Federal felony relating to operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage.
Detailed Summary
Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or embarking in any submersible or semisubmersible vessel that is without nationality and that is navigating in, or has navigated into, through, or from, waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection. Grants extraterritorial federal jurisdiction over violations of this Act.
Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government-regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense.
Directs the U.S. Sentencing Commission to promulgate or amend existing guidelines to provide adequate penalties for violations of this Act.
Status of the Legislation
Latest Major Action: 11/18/2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 116 under authority of the order of the Senate of 11/17/2008.
Points in Favor
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Points Against
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From the Blog
The Submarine Scourge
Of all the threats facing our nation today, you probably weren’t aware of this one: submarines. No, we’re not talking Soviet nuclear subs or German U-boats. These are privately owned and used for transporting drugs. Not to worry, though...