[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[S. 759 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 759

   To provide for an annual report to Congress concerning diplomatic 
                               immunity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 1997

 Mr. Coverdell introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To provide for an annual report to Congress concerning diplomatic 
                               immunity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States was founded on the principle that all 
        men are equal before the law and anyone, rich or poor, is 
        entitled to the protection of the law and also subject to just 
        penalties under the law.
            (2) International treaties regarding diplomatic and 
        consular immunity place diplomatic and consular officials from 
        foreign countries in the unique situation of being above the 
        law and not subject to prosecution for criminal offenses 
        committed in the country in which they serve, or their home 
        country.
            (3) Recent events indicate that this situation is 
        endangering the safety and security of citizens and other 
        persons residing in the United States.
            (4) It is incumbent on the President and the Secretary of 
        State to alleviate the injustice of the situation regarding 
        diplomatic and consular immunity.
    (b) Annual Report Concerning Diplomatic Immunity.--
            (1) Report to congress.--The Secretary of State shall 
        prepare and submit to the Congress, annually, a report 
        concerning diplomatic immunity entitled ``Report on Cases 
        Involving Diplomatic Immunity''.
            (2) Content of report.--In addition to such other 
        information as the Secretary of State may consider appropriate, 
        the report under paragraph (1) shall include the following:
                    (A) The number of persons residing in the United 
                States who enjoy full immunity from the criminal 
                jurisdiction of the United States under laws extending 
                diplomatic privileges and immunities.
                    (B) Each case involving an alien described in 
                subparagraph (A) in which the appropriate authorities 
                of a State, a political subdivision of a State, or the 
                United States reported to the Department of State that 
                the authority had reasonable cause to believe the alien 
                committed a serious criminal offense within the United 
                States.
                    (C) Each case in which the United States has 
                certified that a person enjoys full immunity from the 
                criminal jurisdiction of the United States under laws 
                extending diplomatic privileges and immunities.
                    (D) The number of United States citizens who are 
                residing in a receiving State and who enjoy full 
                immunity from the criminal jurisdiction of such State 
                under laws extending diplomatic privileges and 
                immunities.
                    (E) Each case involving a United States citizen 
                under subparagraph (D) in which the United States has 
                been requested by the government of a receiving State 
                to waive the immunity from criminal jurisdiction of the 
                United States citizen.
            (3) Serious criminal offense defined.--The term ``serious 
        criminal offense'' means--
                    (A) any felony under Federal, State, or local law;
                    (B) any Federal, State, or local offense punishable 
                by a term of imprisonment of more than 1 year;
                    (C) any crime of violence as defined for purposes 
                of section 16 of title 18, United States Code; or
                    (D) driving under the influence of alcohol or drugs 
                or driving while intoxicated if the case involves 
                personal injury to another individual.
    (c) United States Policy Concerning Reform of Diplomatic 
Immunity.--It is the sense of the Congress that the Secretary of State 
should explore, in appropriate fora, whether States should enter into 
agreements and adopt legislation--
            (1) to provide jurisdiction in the sending State to 
        prosecute crimes committed in the receiving State by persons 
        entitled to immunity from criminal jurisdiction under laws 
        extending diplomatic privileges and immunities; and
            (2) to provide that where there is probable cause to 
        believe that an individual who is entitled to immunity from the 
        criminal jurisdiction of the receiving State under laws 
        extending diplomatic privileges and immunities committed a 
        serious crime, the sending State will waive such immunity or 
        the sending State will prosecute such individual.
                                 <all>