2016 -- H 7144

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LC003079

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES - ESTABLISHING MANDATORY MINIMUM

SENTENCE FOR ILLEGAL REENTRY INTO THE UNITED STATES

     Introduced By: Representatives Costa, Nardolillo, Trillo, Giarrusso, and Reilly

     Date Introduced: January 13, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 69

THE RHODE ISLAND MANDATORY MINIMUM SENTENCE FOR ILLEGAL REENTRY

ACT

     11-69-1. Short title. – This chapter shall be known and may be cited as the "Rhode

Island Mandatory Minimum Sentence for illegal Reentry Act of 2016".

     11-69-2. In general. – (a) Any alien who:

     (1) Has been denied admission, excluded, deported, or removed or has departed the

United States while an order of exclusion, deportation, or removal is outstanding, and thereafter

enters, attempts to enter, or is at any time found in this state, unless:

     (i) Prior to their reembarkation at a place outside the United States or their application for

admission from foreign contiguous territory, the Attorney General of the United States has

expressly consented to such alien's reapplying for admission; or

     (ii) With respect to an alien previously denied admission and removed, unless such alien

shall establish that they are not required to obtain such advance consent under this chapter or any

prior act, they shall be guilty of a felony.

     11-69-3. Penalties. – (a) Any person who is found guilty, pleads guilty, or pleads nolo

contendere to the offense described in §11-69-2 shall be sentenced to the Adult Correctional

Institution for a period of not less than five (5), nor more than ten (10) years.

     (b) No person sentenced pursuant to this chapter shall be afforded the benefit of

suspension or deferment of their sentence.

     11-69-4. Construction. – Nothing contained in this chapter shall be construed to be

contrary to, or inconsistent with, any provision of 8 U.S.C. 1326.

     11-69-5. Severability. – If any provision of this chapter or of any rule or regulation made

under this chapter, or its application to any person or circumstance is held invalid by a court of

competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the

provision to other persons or circumstances shall not be affected by this invalidity. The invalidity

of any section or sections or parts of any section or sections shall not affect the validity of the

remainder of the chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - ESTABLISHING MANDATORY MINIMUM

SENTENCE FOR ILLEGAL REENTRY INTO THE UNITED STATES

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     This act would prohibit any alien from entering or attempting to enter the state of Rhode

Island after unlawfully reentering the United States after prior removal.

     This act would take effect upon passage.

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