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

                                                 Union Calendar No. 256

103d CONGRESS

  2d Session

                               H. R. 3981

                          [Report No. 103-463]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 256
103d CONGRESS
  2d Session
                                H. R. 3981

                          [Report No. 103-463]

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

                             March 25, 1994

           Additional sponsors: Mr. Pomeroy and Ms. Shepherd

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                8, 1994]

_______________________________________________________________________

                                 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,

SECTION 1. IMPRISONMENT OF CERTAIN VIOLENT FELONS.

    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 (and those 
                convictions have become final) on 2 or more prior 
                occasions in a court of the United States or of a State 
                of--
                            ``(i) a serious violent felony; or
                            ``(ii) one or more serious violent felonies 
                        and one or more serious drug offenses; and
                    ``(B) each serious violent felony or serious drug 
                offense 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 or serious drug offense.
            ``(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 of 
                this title);
                    ``(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) of this title, 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 of this title); manslaughter other than 
                        involuntary manslaughter (as described in 
                        section 1112 of this title); assault with 
                        intent to commit murder (as described in 
                        section 113(a) of this title); assault with 
                        intent to commit rape; aggravated sexual abuse 
                        and sexual abuse (as described in sections 2241 
                        and 2242 of this title); abusive sexual contact 
                        (as described in sections 2244(a)(1) and (a)(2) 
                        of this title); kidnapping; aircraft piracy (as 
                        described in section 902(i)(2) or 902(n)(2) of 
                        the Federal Aviation Act of 1958); robbery (as 
                        described in section 2111 of this title); 
                        carjacking (as described in section 2119 of 
                        this title); 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;
                    ``(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; and
                    ``(H) the term `serious drug offense' means--
                            ``(i) an offense subject to a penalty 
                        provided for in section 401(b)(1)(A) or 408 of 
                        the Controlled Substances Act or section 
                        1010(b)(1)(A) of the Controlled Substances 
                        Import and Export Act; or
                            ``(ii) an offense under State law that, had 
                        the offense been prosecuted in a court of the 
                        United States, would have been subject to a 
                        penalty provided for in section 401(b)(1)(A) or 
                        408 of the Controlled Substances Act or section 
                        1010(b)(1)(A) of the Controlled Substances 
                        Import and Export Act.
            ``(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.
            ``(6) Special Provision for Indian Country.--No person 
        subject to the criminal jurisdiction of an Indian tribal 
        government shall be subject to this subsection for any offense 
        for which Federal jurisdiction is solely predicated on Indian 
        country as defined in section 1151 of this title and which 
        occurs within the boundaries of such Indian country unless the 
        governing body of the tribe has elected that this subsection 
        have effect over land and persons subject to the criminal 
        jurisdiction of the tribe.
            ``(7) Resentencing upon overturning of prior conviction.--
        If the conviction for a serious violent felony which was a 
        basis for sentencing under this subsection is found, pursuant 
        to any appropriate State or Federal procedure, to be 
        unconstitutional or is vitiated on the explicit basis of 
        innocence, or if the convicted person is pardoned on the 
        explicit basis of innocence, the person serving a sentence 
        imposed under this subsection shall be resentenced to any 
        sentence that was available at the time of the original 
        sentencing.''.

SEC. 2. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended--
            (1) so that the margin of the matter starting with 
        ``extraordinary'' and ending with ``reduction'' the first place 
        it appears is indented an additional 2-ems;
            (2) by inserting a one-em dash after ``that'' the second 
        place it appears;
            (3) by inserting a semicolon after ``reduction'' the first 
        place it appears;
            (4) by indenting the first line of the matter referred to 
        in paragraph (1) and designating that matter as clause (i); and
            (5) by inserting after such matter the following:
                            ``(ii) the defendant is at least 70 years 
                        of age, has served at least 30 years in prison, 
                        pursuant to a sentence imposed under section 
                        3559(c) of this title, for the offense or 
                        offenses for which the defendant is currently 
                        imprisoned, and a determination has been made 
                        by the Director of the Bureau of Prisons that 
                        the defendant is not a danger to the safety of 
                        any other person or the community, as provided 
                        under section 3142(g) of this title;''.