[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3981 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3981

To provide mandatory life imprisonment for persons convicted of a third 
                            violent felony.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 1994

  Mr. Schumer (by request) (for himself, Mr. Hoyer, Mr. Mazzoli, Mr. 
  Glickman, Mr. Sangmeister, Mr. Mann, Mr. McCollum, Mr. Ramstad, Mr. 
   Livingston, Mr. Royce, Mr. Manton, and Mrs. Byrne) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide mandatory life imprisonment for persons convicted of a third 
                            violent felony.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 3559 of 
title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``An'' and inserting 
        ``Except as provided in subsection (c), an'' in lieu thereof; 
        and
            (2) by adding the following new subsection at the end:
    ``(c) Imprisonment of Certain Violent Felons.--
            ``(1) Mandatory life imprisonment.--Notwithstanding any 
        other provision of law, a person who is convicted in a court of 
        the United States of a serious violent felony shall be 
        sentenced to life imprisonment if--
                    ``(A) the person has been convicted on 2 or more 
                prior occasions in a court of the United States or of a 
                State of a serious violent felony; and
                    ``(B) each serious violent felony used as a basis 
                for sentencing under this subsection, other than the 
                first, was committed after the defendant's conviction 
                of the preceding serious violent felony.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) the term `assault with intent to commit rape' 
                means an offense that has as its elements engaging in 
                physical conduct by which a person intentionally places 
                another person in fear of aggravated sexual abuse or 
                sexual abuse (as described in sections 2241 and 2242);
                    ``(B) the term `arson' means an offense that has as 
                its elements maliciously damaging or destroying any 
                building, inhabited structure, vehicle, vessel, or real 
                property by means of fire or an explosive;
                    ``(C) the term `extortion' means an offense that 
                has as its elements the extraction of anything of value 
                from another person by threatening or placing that 
                person in fear of injury to any person or kidnapping of 
                any person;
                    ``(D) the term `firearms use' means an offense that 
                has as its elements those described in section 924(c) 
                or 929(a), if the firearm was brandished, discharged, 
                or otherwise used as a weapon and the crime of violence 
                or drug trafficking crime during and relation to which 
                the firearm was used was subject to prosecution in a 
                court of the United States or a court of a State, or 
                both;
                    ``(E) the term `kidnapping' means an offense that 
                has as its elements the abduction, restraining, 
                confining, or carrying away of another person by force 
                or threat of force;
                    ``(F) the term `serious violent felony' means--
                            ``(i) a Federal or State offense, by 
                        whatever designation and wherever committed, 
                        consisting of murder (as described in section 
                        1111); manslaughter other than involuntary 
                        manslaughter (as described in section 1112); 
                        assault with intent to commit murder (as 
                        described in section 113(a)); assault with 
                        intent to commit rape; aggravated sexual abuse 
                        and sexual abuse (as described in sections 2241 
                        and 2242); abusive sexual contact (as described 
                        in sections 2244(a)(1) and (a)(2)); kidnapping; 
                        aircraft piracy (as described in section 
                        1472(i)(2) or (n)(2) of title 49); robbery (as 
                        described in section 2111); extortion; arson; 
                        firearms use; or attempt, conspiracy, or 
                        solicitation to commit any of the above 
                        offenses; or
                            ``(ii) any other offense punishable by a 
                        maximum term of imprisonment of 10 years or 
                        more that has as an element the use, attempted 
                        use, or threatened use of physical force 
                        against the person of another or that, by its 
                        nature, involves a substantial risk that 
                        physical force against the person of another 
                        may be used in the course of committing the 
                        offense; and
                    ``(G) the term `State' means a State of the United 
                States, the District of Columbia, or any commonwealth, 
                territory, or possession of the United States.
            ``(3) Nonqualifying felonies.--
                    ``(A) Robbery in certain cases.--Robbery, an 
                attempt, conspiracy, or solicitation to commit robbery; 
                or an offense described in paragraph (2)(F)(ii) shall 
                not serve as a basis for sentencing under this 
                subsection if the defendant establishes by clear and 
                convincing evidence that--
                            ``(i) no firearm or other dangerous weapon 
                        was involved in the offense; and
                            ``(ii) the offense did not result in death 
                        or serious bodily injury (as defined in section 
                        1365) to any person.
                    ``(B) Arson in certain cases.--Arson shall not 
                serve as a basis for sentencing under this subsection 
                if the defendant establishes by clear and convincing 
                evidence that--
                            ``(i) the offense posed no threat to human 
                        life; and
                            ``(ii) the defendant reasonably believed 
                        the offense posed no threat to human life.
            ``(4) Information filed by united states attorney.--The 
        provisions of section 411(a) of the Controlled Substances Act 
        (21 U.S.C. 851(a)) shall apply to the imposition of sentence 
        under this subsection.
            ``(5) Rule of construction.--This subsection shall not be 
        construed to preclude imposition of the death penalty.''.

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