[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 352

To require the United States Sentencing Commission to amend the Federal 
  sentencing guidelines to provide an enhanced penalty for follow-on 
                               bombings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 1997

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

_______________________________________________________________________

                                 A BILL


 
To require the United States Sentencing Commission to amend the Federal 
  sentencing guidelines to provide an enhanced penalty for follow-on 
                               bombings.

    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 ``Police and Rescue Squad Protection 
Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``explosive'' has the same meaning as in 
        section 844(j) of title 18, United States Code;
            (2) the term ``public safety officer'' has the same meaning 
        as in section 1204 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796b); and
            (3) the term ``weapon of mass destruction'' has the same 
        meaning as in section 2232a(b) of title 18, United States Code.

SEC. 3. FOLLOW-ON BOMBINGS.

    (a) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentencing enhancement for any offense in which 
the defendant uses, or attempts or conspires to use, an explosive or 
weapon of mass destruction with the intent to injure any public safety 
officer responding to, investigating, or attending to any individual 
injured by, the use or attempted use of a different explosive or weapon 
of mass destruction.
    (b) Considerations.--Any amendment made pursuant to subsection (a), 
or any policy statement interpreting an amendment made pursuant to that 
subsection, shall provide that a defendant has acted with the intent to 
injure a public safety officer if the defendant uses, or attempts or 
conspires to use, an explosive or a weapon of mass destruction in close 
proximity, in both time and location, to another explosive or weapon of 
mass destruction.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.
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