Sec. 302. Maritime drug law enforcement
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/bill/114/s/1611/rs/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 705 of title 46, United States Code, is amended by adding at the end the following: Whoever, while on board a vessel used to commit, or to facilitate the commission of, an offense under section 70503 of this title, knowingly or intentionally destroys (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempts or conspires to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 881(a) ) shall be fined in accordance with section 3571 of title 18, imprisoned not more than 15 years, or both.
Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under section 70503 of this title, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, such an offense:
The construction or adaptation of the vessel in a manner that facilitates smuggling, including— the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar; the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables; the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel’s smuggling capability; the presence of engines that are excessively overpowered in relation to the design and size of the vessel; the presence of materials used to reduce or alter the heat or radar signature of the vessel and avoid detection; the presence of a camouflaging paint scheme, or of materials used to camouflage the vessel, to avoid detection; or the display of false vessel registration numbers, false indicia of vessel nationality, false vessel name, or false vessel homeport.
The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the vessel. The presence of excessive fuel, lube oil, food, water, or spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. The operation of the vessel without lights during times lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities.
The failure of the vessel to stop or respond or heave to when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed. The declaration to government authority of false information about the vessel, crew, or voyage or the failure to identify the vessel by name or country of registration when requested to do so by government authority. The presence of controlled substance residue on the vessel, on an item aboard the vessel, or on an individual aboard the vessel, of a quantity or other nature that reasonably indicates manufacturing or distribution activity.
The use of petroleum products or other substances on the vessel to foil the detection of controlled substance residue. The presence of a controlled substance in the water in the vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or other nature is such that it reasonably indicates that the controlled substance was transported in the subject vessel. Subsection
(a)applies even though the act is committed outside the territorial jurisdiction of the United States. Whoever, while aboard a vessel used to commit, or to facilitate the commission of, an offense under section 70503 of this title, or whoever, while aboard a vessel outfitted for smuggling, knowingly conceals, attempts to conceal, or conspires to conceal more than $100,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard such vessel shall be fined in accordance with section 3571 of title 18, imprisoned not more than 15 years, or both. Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under section 70503 of this title or prima facie evidence of a vessel outfitted for smuggling, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, such an offense or is outfitted for smuggling: The construction or adaptation of the vessel in a manner that facilitates smuggling, including— the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar; the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables; the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel’s smuggling capability; the presence of engines that are excessively overpowered in relation to the design and size of the vessel; the presence of materials used to reduce or alter the heat or radar signature of the vessel and avoid detection; the presence of a camouflaging paint scheme, or of materials used to camouflage the vessel, to avoid detection; or the display of false vessel registration numbers, false indicia of vessel nationality, false vessel name, or false vessel homeport. The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the vessel. The presence of excessive fuel, lube oil, food, water, or spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. The operation of the vessel without lights during times lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. The failure of the vessel to stop or respond or heave to when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed. The declaration to government authority of false information about the vessel, crew, or voyage or the failure to identify the vessel by name or country of registration when requested to do so by government authority. The court in imposing sentence for any violation of subsection (a), or any attempt or conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offence and any property traceable thereto. Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ). Any property, real or personal, involved in a violation of subsection (a), or the attempt or a conspiracy to commit such violation, and any property, real or personal, traceable to such violation or conspiracy, may be seized and forfeited to the United States. Forfeitures under this paragraph shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. Subsection
(a)applies even though the act is committed outside the territorial jurisdiction of the United States. . The analysis for chapter 705 of title 46, United States Code, is amended by adding at the end the following: 70509. Destruction of evidence during maritime counter-drug operations. 70510. Maritime bulk cash smuggling. .
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