[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 454 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 454

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1997

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

_______________________________________________________________________

                                 A BILL


 
 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. PROHIBITIONS RELATING TO BODY ARMOR.

    (a) Short Title.--This section may be cited as the ``James Guelff 
Body Armor Act of 1997''.
    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines 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. 4. 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, 1998, 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.
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