[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 168 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 168

         To reform criminal procedure, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. DeWine introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To reform criminal procedure, and for other purposes.

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

SECTION 1. CONGRESSIONAL OVERSIGHT.

    (a) Report to Attorney General.--Not later than 90 days after the 
date of enactment of this Act, the Attorney General shall require each 
United States Attorney to--
            (1) establish an armed violent criminal apprehension task 
        force comprised of appropriate law enforcement representatives, 
        which shall be responsible for developing strategies for 
        removing armed violent criminals from the streets; and
            (2) not less frequently than monthly, report to the 
        Attorney General on the number of defendants charged with, or 
        convicted of, violating section 922(g) or 924 of title 18, 
        United States Code, in the district for which the United States 
        Attorney is appointed.
    (b) Report to Congress.--The Attorney General shall prepare and 
submit a report to the Congress once every 6 months detailing the 
contents of the reports submitted pursuant to subsection (a)(2).

SEC. 2. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES BY 
              CONVICTED FELONS.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) (relating to possession of explosives 
                or firearms by convicted felons); and''.

SEC. 3. CONFORMING SCIENTER CHANGE FOR TRANSFERRING A FIREARM TO COMMIT 
              A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by 
inserting ``or having reasonable cause to believe'' after ``knowing''.

SEC. 4. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG 
              OFFENDERS.

    Section 924(a)(2) of title 18, United States Code, is amended--
            (1) by striking ``(2) Whoever'' and inserting ``(2)(A) 
        Except as provided in subparagraphs (B) and (C), any person 
        who'';
            (2) by adding at the end the following:
    ``(B) If the violation is of section 922(g)(1) by a person who has 
a previous conviction for a violent felony, a sentence imposed under 
this paragraph shall include a term of imprisonment of not less than 5 
years.
    ``(C)(i) Notwithstanding subparagraph (B), if the violation is of 
section 922(g)(1) by a person who has more than 1 previous conviction 
for a violent felony or a serious drug offense, committed under 
different circumstances, such person shall be fined under this title, 
imprisoned not less than 10 years and not more than 20 years, or both.
    ``(ii) Notwithstanding any other provision of law, the court shall 
not grant a probationary sentence to a person described in clause (i) 
with respect to the conviction under section 922(g)(1).
    ``(D) In this paragraph, the terms `serious drug offense' and 
`violent felony' have the same meanings as in subsection (e)(2).''.
                                 <all>