Overcriminalized.com provides the Legislative Update Alert to e-mail subscribers interested in legislation pending in Congress that could perpetuate the dangerous trend of criminalizing more and more social and economic activity.



Featured Legislation


* S. 132: Gang Abatement and Prevention Act of 2009
* S. 445: Attorney-Client Privilege Protection Act of 2009
* S. 566: Financial Product Safety Commission Act of 2009
* S. 1536: Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 ("ALERT Drivers Act")
* H.R. 3535: Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 ("ALERT Drivers Act")




About

"Overcriminalization" includes:

1. Federalizing crime that properly belongs under state and local jurisdiction; 2. Imposing criminal penalties upon persons who acted without criminal intent (mens rea); 3. Appyling criminal sanctions to conduct that historically has not been considered wrongful.

The Legislative Update Alert includes bills our researchers have indentified that add or expand federal criminal offenses or penalties, but it generally does NOT include bills involving drugs, firearms, or crimes of violence.

Please visit us at Overcriminalized.com

Table of Contents

New:


* H.R. 3970: Medical Rights and Reform Act of 2009
* H.R. 3994: Distracted Driver Prevention Act of 2009
* H.R. 4011: Organized Retail Crime Prevention and Enforcement Act of 2009
* H.R. 4038: Common Sense Health Care Reform and Affordability Act

Updates:


* H.R. 1110: Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2009
* S. 30: Truth in Caller ID Act of 2009

________________________________

H.R. 3970: Medical Rights and Reform Act of 2009

Sponsor: Kirk (R - IL)

Official Title: A bill to protect the doctor-patient relationship, improve the quality of health care services, lower the costs of health care services, expand access to health care services, and for other purposes.

Status:
10/29/2009: Introduced
10/29/2009: Referred to House Energy and Commerce Committee
10/29/2009: Referred to House Judiciary Committee
10/29/2009: Referred to House Ways and Means Committee
10/29/2009: Referred to House Education and Labor Committee
10/29/2009: Referred to House Education and Labor Committee

Commentary: This wide-ranging bill includes provisions that prohibit the use of federal funds to exercise oversight over an individual's right to practice medicine or other health care professions or to interfere with an individual's right to contract for health care services. In addition, the bill expands access to the healthcare integrity and protection data bank to certain health care providers, suppliers and practitioners. The bill provides for up to three years imprisonment or criminal fines for knowingly using information in the data bank for an unauthorized purpose. The bill also provides for up to three years imprisonment or criminal fines for anyone who "knowingly, intentionally, and with the intent to defraud purchases, sells, distributes, or arranges for the purchase, sale, or distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges." In addition, it would treat as a federal health care offense a false statement made knowingly and willfully for the purpose of obtaining federal health benefits.


H.R. 3994: Distracted Driver Prevention Act of 2009

Sponsor: Engel (D - NY)

Official Title: A bill to establish a program to reduce injuries and deaths caused by cell phone use and texting while driving.

Status:
11/3/2009: Introduced
11/3/2009: Referred to House Transportation and Infrastructure Committee
11/3/2009: Referred to House Energy and Commerce Committee

Commentary: This bill, a companion to S. 1938, would establish a Department of Transportation grant program for States whose legislatures enact laws prohibiting the use of personal wireless communications devices, including cell phones, while driving. To qualify for such grants, the State law must establish minimum fines for first-time violations, increased fines for repeat violations, and "increased civil and criminal penalties than would otherwise apply" for accidents caused by drivers using such devices. The bill itself does not define the criminal offenses but would instead require States to do so. The bill also requires the Secretary of Transportation to prescribe regulations on the use of handheld devices by commercial motor vehicle drivers and school bus drivers, based on research and accident data analysis, and to prohibit the use of such devices if the Secretary determines that it "interferes with the driver's safe operation" of the vehicles.


H.R. 4011: Organized Retail Crime Prevention and Enforcement Act of 2009

Sponsor: Smith (R - TX)

Official Title: To amend title 18, United States Code, with respect to organized retail theft, and for other purposes.

Status:
11/3/2009: Introduced
11/3/2009: Law House Judiciary Committee

Commentary: This bill creates new federal crimes for the transportation, transmission, transfer, barter or sale on an "online marketplace" of goods, wares or merchandise of $1000 or more "knowing the same to be stolen, converted, or taken by fraud." Applicable penalties for a violation include imprisonment of up to 10 years or criminal fines.


H.R. 4038: Common Sense Health Care Reform and Affordability Act

Sponsor: Camp (R - MI)

Official Title: A bill to take meaningful steps to lower health care costs and increase access to health insurance coverage without raising taxes, cutting Medicare benefits for seniors, adding to the national deficit, intervening in the doctor-patient relationship, or instituting a government takeover of health care.

Status:
11/6/2009: Introduced
11/6/2009: Referred to House Energy and Commerce Committee
11/6/2009: Referred to House Ways and Means Committee
11/6/2009: Referred to House Education and Labor Committee
11/6/2009: Referred to House Judiciary Committee

Commentary: This wide-ranging healthcare reform legislation includes provisions to ensure coverage for individuals with pre-existing conditions and to encourage health savings accounts and association health plans. It provides for criminal penalties of up to five years imprisonment and criminal fines for willfully and falsely representing an employee welfare benefit plan as a certified "association health plan"; certification procedures would be spelled out by subsequent regulations.


H.R. 1110: Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2009

Sponsor: Scott (D - VA)

Official Title: A bill to amend Title 18, United States Code, to prevent caller ID spoofing, and for other purposes.

Status:
2/23/2009: Introduced
2/23/2009: Referred to House Judiciary Committee
10/7/2009: Mark up in the House Judiciary Committee
11/2/2009: Reported to House House Judiciary Committee

Commentary: This bill would prohibit the knowing use of false caller ID information "with intent wrongfully to obtain anything of value" or "with intent to deceive any person or other entity about the identity of the caller." Violations would be punishable by criminal fines and imprisonment of up to 5 years depending on the severity of the offense, as well as forfeiture of the "gross proceeds" obtained from the offense or any property used to facilitate the offense.


S. 30: Truth in Caller ID Act of 2009

Sponsor: Nelson (D - FL)

Official Title: A bill to amend the Communications Act of 1934 to prohibit manipulation of caller identification information.

Status:
1/7/2009: Introduced
1/7/2009: Referred to Senate Commerce Committee
1/7/2009: Referred to Senate Science and Transportation Committee
8/5/2009: Mark up in the Senate Commerce, Science and Transportation Committee
11/2/2009: Reported to Senate Senate Commerce, Science and Transportation Committee

Commentary: This bill would prohibit the knowing transmission of misleading or inaccurate caller identification information with the intent to "defraud, cause harm, or wrongfully obtain anything of value." Violations would be punishable by civil penalties (including forfeiture), criminal fines of up to $10,000 per violation, and imprisonment of up to one year.