SEC. 206. ILLEGAL ENTRY. (a) In General- Section 275 (8 U.S.C. 1325) is amended to read as follows: 'SEC. 275. ILLEGAL ENTRY.'(a) In General-'(1) CRIMINAL OFFENSES- An alien shall be subject to the penalties set forth in paragraph (2) if the alien--'(A) knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security; '(B) knowingly eludes examination or inspection by an immigration officer (including failing to stop at the command of such officer), or a customs or agriculture inspection at a port of entry; or '(C) knowingly enters or crosses the border to the United States by means of a knowingly false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws).'(2) CRIMINAL PENALTIES- Any alien who violates anyprovision under paragraph (1)--'(A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; '(B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both; '(C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both; '(D) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and '(E) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 60 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both.'(3) PRIOR CONVICTIONS- The prior convictions described in subparagraphs (C) through (E) of paragraph (2) are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are--'(A) alleged in the indictment or information; and '(B) proven beyond a reasonable doubt at trial or admitted by the defendant.'(4) DURATION OF OFFENSE- An offense under this subsection continues until the alien is discovered within the United States by an immigration officer. '(5) ATTEMPT- Whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense.'(b) Improper Time or Place; Civil Penalties-Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to--'(1) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; or '(2) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.
(b) Clerical Amendment- The table of contents is amended by striking the item relating to section 275 and inserting the following: 'Sec. 275. Illegal entry.'.
(c) Effective Date - Subsection (a)(4) of section 275 of the Immigration and Nationality Act, as created by this Act, shall apply only to violations of subsection (a)(1) of Section 275 committed on or after the date of enactment of this Act.
