[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3336 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3336

   To amend title 18, United States Code, to provide mandatory life 
  imprisonment for persons convicted of a third violent felony and to 
provide for the conversion of three military installations to be closed 
 under the base closure laws into Federal prison facilities capable of 
                      incarcerating these persons.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1993

   Mr. Livingston introduced the following bill; which was referred 
     jointly to the Committees on the Judiciary and Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide mandatory life 
  imprisonment for persons convicted of a third violent felony and to 
provide for the conversion of three military installations to be closed 
 under the base closure laws into Federal prison facilities capable of 
                      incarcerating these persons.

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

SECTION 1. LIFE IMPRISONMENT FOR EGREGIOUS RECIDIVISTS.

    Section 3581 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Imprisonment of Certain Violent Felons.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this title or any other law, in the case of a conviction for a 
        Federal violent felony, the court shall sentence the defendant 
        to prison for life if the defendant has previously been 
        convicted of two other violent felonies.
            ``(2) Definition.--As used in this section the term 
        ``violent felony'' is a State or Federal crime of violence (as 
        defined in section 16 of this title)--
                    ``(A) that involves the threatened use, use, or the 
                risk of use of physical force against the person of 
                another;
                    ``(B) for which the maximum authorized imprisonment 
                exceeds one year; and
                    ``(C) which is not designated a misdemeanor by the 
                law that defines the offense.
            ``(3) Rule of construction.--This subsection shall not be 
        construed to prevent the imposition of the death penalty.''.

SEC. 2. CONVERSION OF THREE CLOSED MILITARY INSTALLATIONS INTO FEDERAL 
              PRISON FACILITIES.

    (a) Study of Suitable Bases.--The Secretary of Defense and the 
Attorney General shall jointly conduct a study of all military 
installations selected before the date of the enactment of this Act to 
be closed pursuant to a base closure law for the purpose of evaluating 
the suitability of any of these installations, or portions of these 
installations, for conversion into Federal prison facilities. As part 
of the study, the Secretary and the Attorney General shall identify the 
three military installations so evaluated that are most suitable for 
conversion into Federal prison facilities.
    (b) Suitability for Conversion.--In evaluating the suitability of a 
military installation for conversion into a Federal prison facility, 
the Secretary of Defense and the Attorney General shall consider the 
estimated cost to convert the installation into a prison facility, the 
proximity of the installation to overcrowded Federal and State prison 
facilities, and such other factors as the Secretary and the Attorney 
General consider to be appropriate.
    (c) Transfer to Attorney General.--Notwithstanding any other 
provision of law regarding disposal of military installations selected 
to be closed pursuant to a base closure law, the Secretary of Defense 
shall transfer, without reimbursement, jurisdiction over the three 
installations identified under subsection (a) to the Attorney General 
for conversion into Federal prison facilities. The Federal prison 
facilities established using these installations shall be designed to 
incarcerate persons convicted of a Federal violent felony. Upon a space 
available basis, the Attorney General may accept transfers from 
overcrowded State prisons if the persons to be transferred had 
previously been convicted of a Federal violent felony or are serving a 
sentence of more than 20 years.
    (d) Time for Study.--The study required by subsection (a) shall be 
completed not later than 180 days after the date of the enactment of 
this Act.
    (e) Definitions.--For purposes of this section:
            (1) The term ``base closure law'' means--
                    (A) The Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 101-510; 10 
                U.S.C. 2687 note); or
                    (B) Title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act (Public 
                Law 100-526; 10 U.S.C. 2687 note).
            (2) The term ``violent felony'' has the meaning given that 
        term in section 3581(c)(2) of title 18, United States Code.

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