[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3478 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3478

   To provide for the death penalty for homicides involving firearms.


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                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1993

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

_______________________________________________________________________

                                 A BILL


 
   To provide for the death penalty for homicides involving firearms.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That chapter 51 of 
title 18, United States Code, as amended by this Act, is amended--
            (1) by adding at the end thereof the following section:
``Sec. 931. Murder involving firearm
    ``(a) Offense.--Whoever, under any of the circumstances described 
in subsection (b), causes, through the use of a firearm, the death of 
another person, intentionally, knowingly, or through recklessness 
manifesting extreme indifferent to human life, or through the 
intentional infliction of serious bodily injury, shall be punished by 
death or imprisoned for any term of years or for life. Whenever the 
Government seeks a sentence of death under this section, the procedures 
with respect to death penalties under section 903 of the Federal 
Aviation Act of 1958 shall, as nearly as may be, apply with respect to 
death penalties under this section.
    ``(b) Circumstances Required for Federal Prosecution.--The 
circumstances referred to in subsection (a) are that--
            ``(1) the conduct of the offender occurred in the course of 
        an offense against the United States; or
            ``(2) a firearm involved in the offense has moved at any 
        time in interstate or foreign commerce.
    ``(c) Intent of Congress.--It is the intent of Congress that this 
section shall be used to supplement but not supplant the efforts of 
State and local prosecutors in prosecuting murders involving firearms 
that have moved in interstate or foreign commerce that could be 
prosecuted under State law. It is also the intent of Congress that the 
Attorney General shall give due deference to the interest that a State 
or local prosecutor has in prosecuting the defendant under State law. 
This section shall not create any rights, substantive or procedural, 
enforceable at law by any party in any manner, civil or criminal, nor 
does it place any limitations on otherwise lawful prerogatives of the 
Department of Justice.''; and
            (2) by amending the table of sections at the beginning of 
        such chapter by adding at the end the following:

``931. Murder involving firearm.''.

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