[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5085 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5085
To condemn convicted felon, Joanne Chesimard, who is also known as
Assata Shakur, and those celebrating her violent actions against New
Jersey law enforcement members, to call for her immediate extradition
or return to the United States from Cuba, where Ms. Chesimard is
receiving safe haven to the United States to escape prosecution or
confinement for criminal offenses committed in the United States, and
to officially honor and commemorate the New Jersey law enforcement
members killed and affected by her violent acts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2024
Mr. Helmy introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To condemn convicted felon, Joanne Chesimard, who is also known as
Assata Shakur, and those celebrating her violent actions against New
Jersey law enforcement members, to call for her immediate extradition
or return to the United States from Cuba, where Ms. Chesimard is
receiving safe haven to the United States to escape prosecution or
confinement for criminal offenses committed in the United States, and
to officially honor and commemorate the New Jersey law enforcement
members killed and affected by her violent acts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Trooper Werner Foerster
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Joanne Chesimard, who is on the Federal Bureau of
Investigation's list of Most Wanted Terrorists, is believed to
be receiving safe haven in Cuba to escape confinement for
criminal offenses committed in the United States.
(2) On May 2, 1973, Ms. Chesimard and 2 accomplices opened
fire on 2 New Jersey State troopers during a motor vehicle
stop. Ms. Chesimard and her accomplices wounded State trooper
James Harper and executed State Trooper Werner Foerster at
point-blank range.
(3) After a 6-week trial in March 1977, Ms. Chesimard was
found guilty of first-degree murder and sentenced to life
imprisonment. On November 2, 1979, Ms. Chesimard, aided by
armed individuals posing as visitors, escaped from what is now
the Edna Mahan Correctional Facility for Women and fled to
Cuba.
(4) The Treaty Between the United States and Cuba for the
Mutual Extradition of Fugitives from Justice, done at
Washington, DC, April 6, 1904 (33 Stat. 2265), and the
Additional Extradition Treaty Between the United States and
Cuba, done at Havana, Cuba January 14, 1926 (44 Stat. 2392),
constitute bilateral extradition treaties between the United
States and Cuba.
(5) The Government of Cuba has previously returned
fugitives from the United States, including--
(A) Jesse James Bell, a United States citizen
wanted on 15 drug charges who was returned to the
United States in January 2002;
(B) Leonard B. Auerbach, a United States citizen
wanted on Federal child sex crimes charges who was
returned to the United States in June 2008; and
(C) James Ray III, a United States citizen and New
Jersey resident accused of murdering his girlfriend,
who was returned to the United States in November 2018.
(6) The refusal of the Government of Cuba to extradite or
otherwise render Joanne Chesimard--
(A) is a deplorable example of a failure to
extradite or otherwise render; and
(B) has caused ongoing suffering and stress to Mr.
Foerster's surviving family and friends.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Joanne Chesimard is receiving safe haven in Cuba to
escape prosecution or confinement for criminal offenses
committed in the United States and must be extradited or
returned immediately to the United States, consistent with the
Government of Cuba's obligations pursuant to its extradition
treaties with the United States;
(2) the Secretary of State and the Attorney General should
leverage all appropriate diplomatic and policy tools to secure
the timely extradition or return of Mr. Chesimard from Cuba to
face justice in the United States; and
(3) New Jersey law enforcement officers, including Trooper
Werner Foerster, should be officially honored and commemorated
for their public service and ultimate sacrifice while
protecting and safeguarding New Jersey communities.
SEC. 4. ANNUAL REPORT AND DETERMINATION ON FUGITIVES FROM THE UNITED
STATES IN CUBA.
(a) In General.--The Secretary of State, in coordination with the
Attorney General, shall raise the issue of fugitives from the United
States receiving safe haven in Cuba as part of bilateral conversations
with the Government of Cuba.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until the date specified
in subsection (c), the Secretary of State shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that--
(1) identifies steps taken by the Department of State to
advance efforts to secure the extradition or return of Joanne
Chesimard and other fugitives from the United States who are
residing in Cuba;
(2) includes a determination as to whether the Government
of Cuba is actively fulfilling its obligations under relevant
bilateral extradition treaties between the United States and
Cuba; and
(3) to the extent feasible, includes an estimate of the
number of fugitives from the United States who are receiving
safe haven in Cuba.
(c) Sunset.--The Secretary of State is not required to submit the
report described in subsection (b) after the date on which the
Secretary submits a second consecutive annual report under such
subsection that includes a determination that the Government of Cuba--
(1) is actively fulfilling its extradition obligations; and
(2) is returning fugitives of the United States who are
residing in Cuba.
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