[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2974 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H. R. 2974


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1996

                                Received

                              May 14, 1996

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To amend the Violent Crime Control and Law Enforcement Act of 1994 to 
    provide enhanced penalties for crimes against elderly and child 
                                victims.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crimes Against Children and Elderly 
Persons Increased Punishment Act''.

SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

    Section 240002 of the Violent Crime Control and Law Enforcement Act 
of 1994 is amended to read as follows:

``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

    ``(a) In General.--The United States Sentencing Commission shall 
amend the Federal sentencing guidelines to provide a sentencing 
enhancement of not less than 5 levels above the offense level otherwise 
provided for a crime of violence, including those crimes of violence 
involving the environment, if the crime of violence is against a child, 
elderly person, or other vulnerable person. If the crime of violence is 
also a sex crime against a child, the enhancement provided under the 
preceding sentence shall be 6 instead of 5 levels.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code;
            ``(2) the term `child' means a person who is 14 years of 
        age, or younger;
            ``(3) the term `elderly person' means a person who is 65 
        years of age or older; and
            ``(4) the term `vulnerable person' means a person whom the 
        defendant knew or should have known was unusually vulnerable 
        due to age, physical or mental condition, or otherwise 
        particularly susceptible to the criminal conduct, or is a 
        victim of an offense under section 2241(e) of title 18, United 
        States Code.''.

SEC. 3. SHORT TITLE.

    Section 4 may be cited as the ``Amber Hagerman Child Protection Act 
of 1996''.

SEC. 4. INCREASED PENALTIES FOR FEDERAL SEX OFFENSES AGAINST CHILDREN.

    (a) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title 
18, United States Code, is amended--
            (1) by inserting ``whoever in interstate or foreign 
        commerce or'' before ``in the special'';
            (2) by inserting ``crosses a State line with intent to 
        engage in a sexual act with a person who has not attained the 
        age of 12 years, or'' after ``Whoever''; and
            (3) by adding at the end of the following: ``If the 
        defendant has previously been convicted of another Federal 
        offense under this subsection or under section 2243(a), or of a 
        State offense that would have been an offense under either such 
        provision had the offense occurred in a Federal prison, unless 
        the death penalty is imposed, the defendant shall be sentenced 
        to life in prison.''.
    (b) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United 
States Code, is amended--
            (1) by inserting ``whoever in interstate for foreign 
        commerce or'' before ``in the special'';
            (2) by inserting ``crosses a State line with intent to 
        engage in a sexual act with a person who, or'' after 
        ``Whoever''; and
            (3) by adding at the end the following: ``If the defendant 
        has previously been convicted of another Federal offense under 
        this subsection or under section 2241(c), or of a State offense 
        that would have been an offense under either such provision had 
        the offense occurred in a Federal prison, unless the death 
        penalty is imposed, the defendant shall be sentenced to life in 
        prison.''.

SEC. 5. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES.

    Section 2241 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Punishment for Sexual Predators.--(1) Whoever, in a 
circumstance described in paragraph (2) of this subsection--
            ``(A) violates this section; or
            ``(B) engages in conduct that would violate this section, 
        if the conduct had occurred in the special maritime and 
        territorial jurisdiction of the United States, and--
                    ``(i) that conduct is in interstate or foreign 
                commerce;
                    ``(ii) the person engaging in that conduct crossed 
                a State line with intent to engage in the conduct; or
                    ``(iii) the person engaging in that conduct 
                thereafter engages in conduct that is a violation of 
                section 1073(1) with respect to an offense that 
                consists of the conduct so engaged in;
shall be imprisoned for life.
    ``(2) The circumstance referred to in paragraph (1) of this 
subsection is that the defendant has previously been convicted of 
another State or Federal offense for conduct which--
            ``(A) is an offense under this section or section 2242 of 
        this title; or
            ``(B) would have been an offense under either of such 
        sections if the offense had occurred in the special maritime or 
        territorial jurisdiction of the United States.''.

SEC. 6. PROHIBITIONS RELATING TO BODY ARMOR.

    (a) Short Title.--This section may be cited as the ``James Guelff 
Body Armor Act of 1996''.
    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidlines to provide an 
appropriate sentencing enhancement for any crime of violence against a 
vulnerable person (which for the purposes of this section shall include 
a law enforcement officer) as defined in section 240002 of the Violent 
Crime Control and Law Enforcement Act of 1994 in which the defendant 
used body armor.
    (c) For purposes of this section--
            (1) the term ``body armor'' means any product sold or 
        offered for sale as personal protective body covering intended 
        to protect against gunfire, regardless of whether the product 
        is to be worn alone or is sold as a complement to another 
        product or garment; and
            (2) the term ``law enforcement officer'' means any officer, 
        agent, or employee of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.

SEC. 7. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED 
              PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE IN 
              POSSESSION OF A FIREARM WITH A LASER SIGHTING DEVICE.

    Not later than May 1, 1997, the United States Sentencing Commission 
shall, pursuant to its authority under section 994 of title 28, United 
States Code, amend the sentencing guidelines (and, if the Commission 
considers it appropriate, the policy statements of the Commission) to 
provide that a defendant convicted of a crime of violence against a 
child, elderly person, or other vulnerable person (as such terms are 
defined in section 240002(b) of the Violent Crime Control and Law 
Enforcement Act of 1994) shall receive an appropriate sentence 
enhancement if, during the crime--
            (1) the defendant possessed a firearm equipped with a laser 
        sighting device; or
            (2) the defendant possessed a firearm, and the defendant 
        (or another person at the scene of the crime who was aiding in 
        the commission of the crime) possessed a laser sighting device 
        capable of being readily attached to the firearm.

            Passed the House of Representatives May 7, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.