[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3685 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3685

  To amend title 18, United States Code, to authorize prosecutions as 
          adults of certain armed offenders who are juveniles.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

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

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                                 A BILL


 
  To amend title 18, United States Code, to authorize prosecutions as 
          adults of certain armed offenders who are juveniles.

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

SECTION 1. PROSECUTION AS ADULTS OF VIOLENT JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended by adding 
at the end the following new paragraph:
    ``Notwithstanding any other provision of this section or any other 
law, a juvenile who was 13 years old or older on the date of the 
commission of an offense under section 113 (a), (b), or (c), 1111, 
1113, 2111 or 2113 (if the juvenile was in possession of a firearm 
during the offense), or 2241 (a) or (c) (if the juvenile was in 
possession of a firearm during the offense) of this title shall be 
prosecuted as an adult in Federal court. No juvenile prosecuted as an 
adult under this paragraph shall be incarcerated in an adult prison. If 
a juvenile prosecuted under this paragraph is convicted, the juvenile 
shall be entitled to file a petition for resentencing pursuant to 
applicable sentencing guidelines when he or she reaches the age of 16. 
The United States Sentencing Commission shall promulgate guidelines or 
amend existing guidelines, if necessary, to carry out the purposes of 
this paragraph. For resentencing determinations pursuant to subsection 
(b), the Commission may promulgate guidelines, if necessary, to permit 
sentencing adjustments which may include adjustments which provide for 
supervised releases, for defendants who have clearly demonstrated an 
exceptional degree of responsibility for the offense and a willingness 
and ability to refrain from future criminal conduct.''.

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