[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 602 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 602

To provide a mandatory minimum sentence for State crimes involving the 
use of a firearm, impose work requirements for prisoners, and prohibit 
              the provision of luxury items to prisoners.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 1997

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

_______________________________________________________________________

                                 A BILL


 
To provide a mandatory minimum sentence for State crimes involving the 
use of a firearm, impose work requirements for prisoners, and prohibit 
              the provision of luxury items to prisoners.

    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 ``Crime Control Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the most important domestic function of the Federal 
        Government is the protection of the personal security of 
        individual Americans through the enactment and enforcement of 
        laws against criminal behavior; and
            (2) tough Federal laws, such as mandatory minimum prison 
        sentences for violent crimes committed with a firearm and 
        truth-in-sentencing, would serve as deterrents to persons who 
        might be disposed to commit violent crimes.

SEC. 3. MANDATORY MINIMUMS FOR STATE CRIMES INVOLVING A FIREARM.

    Section 924(c) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(4) State crimes involving the use of a firearm.--
            ``(A) Definitions.--In this paragraph--
                    ``(i) the term `crime of violence' means an offense 
                that is punishable by imprisonment for more than 1 
                year, and--
                            ``(I) has as an element the use, attempted 
                        use, or threatened use of physical force 
                        against the person or property of another; or
                            ``(II) by its nature involves a substantial 
                        risk that physical force against the person or 
                        property of another may be used during the 
                        course of the offense;
                    ``(ii) the term `drug trafficking crime' means a 
                crime punishable by imprisonment for more than 1 year 
                involving the manufacture, distribution, possession, 
                cultivation, sale, or transfer of a controlled 
                substance, controlled substance analogue, immediate 
                precursor, or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substance Act 
                (21 U.S.C. 802)), or an attempt or conspiracy to commit 
                such a crime; and
                    ``(iii) the term `possesses a firearm' means--
                            ``(I) in the case of a crime of violence, 
                        touching a firearm at the scene of a crime at 
                        any time during the commission of the crime; 
                        and
                            ``(II) in the case of a drug trafficking 
                        crime, having a firearm readily available at 
                        the scene of the crime at any time during the 
                        commission of the crime.
            ``(C) Prohibited acts; penalties.--A person who, during and 
        in relation to a crime of violence or drug trafficking crime 
        involving a firearm that has been moved at any time in 
        interstate or foreign commerce (including a crime of violence 
        or drug trafficking crime that provides for an enhanced 
        punishment if committed by the use of a deadly or dangerous 
        weapon or device) for which the person may be prosecuted in a 
        court of any State--
                    ``(i) in the case of a first conviction of such a 
                crime, in addition to the sentence imposed for the 
crime of violence or drug trafficking crime--
                            ``(I) knowingly possesses a firearm, shall 
                        be imprisoned for a term of not less than 10 
                        years;
                            ``(II) discharges a firearm with intent to 
                        injure another person, shall be imprisoned for 
                        a term of not less than 20 years; and
                            ``(III) knowingly possesses a firearm that 
                        is a machinegun or destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, shall be imprisoned for a term of not 
                        less than 30 years;
                    ``(ii) in the case of a second conviction of such a 
                crime, in addition to the sentence imposed for the 
                crime of violence or drug trafficking crime--
                            ``(I) knowingly possesses a firearm during 
                        and in relation to the crime of violence or 
                        drug trafficking crime, shall be imprisoned for 
                        a term of not less than 20 years;
                            ``(II) discharges a firearm during and in 
                        relation to the crime of violence or drug 
                        trafficking crime, shall be imprisoned for a 
                        term of not less than 30 years; and
                            ``(III) discharges a firearm that is a 
                        machinegun or a destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, shall be imprisoned for a term of 
                        life; and
                    ``(iii) in the case of a third or subsequent 
                conviction of such a crime, possesses or discharges a 
                firearm in a manner described in clause (i) or (ii), 
                shall be imprisoned for a term of life.
            ``(D) No probation, suspension of sentence, or early 
        release.--Notwithstanding any other provision of law--
                    ``(i) a court shall not place on probation or 
                suspend the sentence of any person convicted of a 
                violation of this subsection, nor shall a term of 
                imprisonment imposed under this subsection run 
                concurrently with any other term of imprisonment, 
                including a term imposed for the crime of violence or 
                drug trafficking crime in which the firearm was used; 
                and
                    ``(ii) no person sentenced under this subsection 
                shall be released for any reason during a term of 
                imprisonment imposed under this paragraph.
            ``(E) Inapplicability to certain persons.--Except in the 
        case of a person who engaged in or participated in criminal 
        conduct that gave rise to the occasion for the person's use of 
        a firearm, this paragraph does not apply to a person who may be 
        found to have committed a criminal act while acting in defense 
        of a person or property during the course of a crime being 
        committed by another person (including the arrest or attempted 
        arrest of the offender during or immediately after the 
        commission of the crime).
            ``(F) Effect on state law.--
                    ``(i) In general.--This paragraph shall supplement, 
                but not supplant, the efforts of State and local 
                prosecutors in prosecuting crimes of violence and drug 
                trafficking crimes that could be prosecuted under State 
                law.
                    ``(ii) Deference.--The Attorney General shall give 
                due deference to the interest that a State or local 
                prosecutor has in prosecuting a person under State law.
            ``(G) No creation of enforceable rights.--This paragraph 
        shall not be construed to create any rights, substantive or 
        procedural, enforceable at law by any party in any manner, 
        civil or criminal, nor does it place any limitations on 
        otherwise lawful prerogatives of the Attorney General.''.

SEC. 4. PRISON WORK REQUIREMENTS FOR PRISONERS; PROHIBITION ON 
              PROVISION OF LUXURY ITEMS TO PRISONERS.

    Section 4001(b)(2) of title 18, United States Code, is amended by 
adding at the end the following: ``Not later than 120 days after the 
date of enactment of the Crime Control Act of 1997, the Attorney 
General shall implement and enforce regulations mandating prison work 
for all able-bodied inmates in Federal penal and correctional 
institutions. Such regulations shall also prohibit the provision by the 
Government of television, radio, telephone, stereo, or other similar 
amenities in the cell of any inmate.''.
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