[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3034 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3034

          To provide Federal penalties for drive-by shootings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 1993

 Mr. Gallegly introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To provide Federal penalties for drive-by shootings.

    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 ``Drive-By Shooting Prevention Act of 
1993''.

SEC. 2. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER 
              DRUG CONSPIRACIES.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 36. Drive-by shooting
    ``(a) Offense and Penalties.--
            ``(1) Whoever--
                    ``(1) in furtherance or to escape detection of a 
                major drug offense listed in subsection (b);
                    ``(2) whether or not in furtherance of criminal 
                gang activities; and
                    ``(3) with the intent to intimidate, harass, 
                injure, or maim;
        fires a weapon into a group of two or more persons and thereby 
        causes grave risk to any human life shall be punished by a term 
        of no more than 25 years, or by fine as provided under this 
        title, or both.
            ``(2) Whoever, in furtherance or to escape detection of a 
        major drug offense listed in subsection (b) and, with the 
        intent to intimidate, harass, injure, or maim, fires a weapon 
        into a group of two or more persons and who, in the course of 
        such conduct, kills any person shall, if the killing--
                    ``(A) is a first degree murder as defined in 
                section 1111(a) of this title, be punished by death or 
                imprisonment for any term of years or for life, fined 
                under this title, or both; or
                    ``(B) is a murder other than a first degree murder 
                as defined in section 1111(a) of this title, be fined 
                under this title, imprisoned for any term of years or 
                for life, or both.
    ``(b) Major Drug Offense Defined.--A major drug offense within the 
meaning of subsection (a) is one of the following:
            ``(1) a continuing criminal enterprise, punishable under 
        section 403(c) of the Controlled Substances Act (21 U.S.C. 
        848(c));
            ``(2) a conspiracy to distribute controlled substances 
        punishable under section 406 of the Controlled Substances Act 
        (21 U.S.C. 846) or punishable under section 1013 of the 
        Controlled Substances Import and Export Control Act (21 U.S.C. 
        963); or
            ``(3) an offense involving major quantities of drugs and 
        punishable under section 401(b)(1)(A) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) 
        of the Controlled Substances Import and Export Act (21 U.S.C. 
        960(b)(1)).''.
    (b) Table of Sections.--The table of sections for chapter 2 of 
title 18, United States Code, is amended by adding at the end thereof 
the following:

``36. Drive-by shooting.''.

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