[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3142 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3142

To provide law enforcement critical tools and resources for preventing 
                      and enforcing violent crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2007

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

_______________________________________________________________________

                                 A BILL


 
To provide law enforcement critical tools and resources for preventing 
                      and enforcing violent crime.

    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 ``Violent Crime Prevention and 
Enforcement Act of 2007''.

SEC. 2. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS 
              LICENSEES.

    (a) In General.--Section 923(e) of title 18, United States Code, is 
amended to read as follows:
    ``(e)(1)(A) If the Attorney General determines that a licensee 
under this section has willfully violated any provision of this chapter 
or any regulation prescribed under this chapter, the Attorney General 
may--
            ``(i) if the violation is of a minor nature--
                    ``(I) impose on the licensee a civil money penalty 
                of not more than $1,000 for each instance of such 
                violation, except that the total amount of penalties 
                imposed on a licensee under this subclause for 
                violations arising from a single inspection shall not 
                exceed $5,000; or
                    ``(II) suspend the license for not more than 30 
                days, if in the period for which the license has been 
                in effect, the licensee on at least 1 prior occasion 
                has received a written notice of violation(s) of this 
                chapter or any regulations prescribed under this 
                chapter, and specify the circumstances under which the 
                suspension is to be terminated; or
            ``(ii) if the violation is of a serious nature--
                    ``(I) impose on the licensee a civil money penalty 
                of not more than $2,500 for each instance of such 
                violation, except that the total amount of penalties 
                imposed on a licensee under this subclause for a 
                violation arising from a single inspection shall not 
                exceed $15,000;
                    ``(II) suspend the license for not more than 90 
                days, and specify the circumstances under which the 
                suspension is to be terminated;
                    ``(III) revoke the license; or
                    ``(IV) take the actions described in subclauses (I) 
                and (II), or subclauses (I) and (III).
    ``(B)(i)(I) In determining the amount of a civil money penalty to 
impose under subparagraph (A) on a licensee, the nature and severity of 
the violation involved, the size of the firearms business operated by 
the licensee, and the prior record of the licensee shall be considered.
    ``(II) On request of the licensee, the Attorney General may 
consider the ability of the licensee to pay a civil money penalty, and 
may allow the licensee to submit documents and information to establish 
the ability of the licensee to pay. The Attorney General shall not make 
part of any public record any document or information so submitted, and 
shall return to the licensee any such document or information.
    ``(III) The total amount of penalties imposed on a licensee under 
subparagraph (A) with respect to violations of a minor nature and of a 
serious nature arising from a single inspection or examination shall 
not exceed $15,000.
    ``(ii) For purposes of subparagraph (A), violation of a provision 
of this chapter with respect to 2 or more firearms during a single 
transaction shall be considered a single violation of the provision.
    ``(iii) The Attorney General may defer, or suspend, in whole or in 
part, the imposition of a civil money penalty on a licensee whose 
license is suspended under this paragraph.
    ``(C) For purposes of subparagraph (A), the Attorney General shall 
prescribe by regulation which violations of this chapter shall be 
considered to be of a serious nature.
    ``(D) The Attorney General may not commence an enforcement action 
under subparagraph (A) with respect to any violation after the 2-year 
period that begins on the date the violation is discovered. The 
limitations period does not prevent the Attorney General from 
introducing evidence of any violation to establish willfulness.
    ``(2)(A) Not less than 30 days before the effective date of any 
penalty imposed on a licensee by reason of a determination made under 
paragraph (1), or of any denial of an application for a license 
pursuant to subsection (d)(2) of this section, the Attorney General 
shall send the licensee a written notice--
            ``(i) of the determination or denial, and the grounds on 
        which the determination or denial was made;
            ``(ii) of the nature of the penalty; and
            ``(iii) that the licensee may, within 30 days after receipt 
        of the notice, request a hearing to review the determination or 
        denial.
    ``(B) A hearing to review a determination or denial made under 
paragraph (1) or subsection (d)(2) of this section with respect to a 
licensee shall not be held unless the licensee requests such a hearing 
within 30 days after receiving the notice of the determination or 
denial sent pursuant to subparagraph (A).
    ``(3) This subsection shall not be interpreted to affect the 
authority of the Attorney General under section 922(t)(5) or section 
924(p) of this title.''.
    (b) Conforming Amendment.--Section 923(f) of title 18, United 
States Code, is amended--
            (1) by striking paragraphs (1) and redesignating paragraphs 
        (2) through (4) as paragraphs (1) through (3), respectively;
            (2) in paragraph (1), as redesignated, by--
                    (A) inserting ``or otherwise imposes a sanction 
                pursuant to subsection (e)'' after ``or revokes, a 
                license'';
                    (B) striking ``or revocation'' and inserting ``or 
                sanction pursuant to subsection (e)'';
                    (C) striking ``In the case of a revocation of a 
                license, the'' and inserting ``The''; and
                    (D) striking ``date of the revocation'' and 
                inserting ``date of the sanction''; and
            (3) in paragraph (2), as redesignated, by--
                    (A) striking ``(2)'' each place it appears and 
                inserting ``(1)'';
                    (B) striking ``or revoke a license'' and inserting 
                ``or impose a sanction pursuant to subsection (e)'';
                    (C) striking ``or revocation'' and inserting ``or 
                sanction under subsection (e)''; and
                    (D) striking ``or to revoke the license'' and 
                inserting ``or to impose the sanction under subsection 
                (e)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 270 days after the date of enactment of this Act.

SEC. 3. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Clarification of Illegal Gun Transfers To Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Whoever, in or affecting interstate or foreign commerce, 
knowingly transfers a firearm, knowing that the firearm will be used to 
commit, or possessed in furtherance of, a crime of violence or drug 
trafficking crime (as defined in subsection (c)(2)), shall be fined 
under this title and imprisoned not more than 20 years.''.
    (b) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five years, or both.'' and inserting 
``20 years (unless the maximum penalty for the crime that served as the 
object of the conspiracy has a maximum penalty of imprisonment of less 
than 20 years, in which case the maximum penalty under this section 
shall be the penalty for such crime), or both. This paragraph does not 
supersede any other penalty specifically set forth for a conspiracy 
offense.''.

SEC. 4. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

    (a) In General.--Section 924(e) of title 18, United States Code, is 
amended by striking paragraph (1) and inserting the following:
    ``(1) In the case of a person who violates section 922(g) of this 
title and has previously been convicted by any court referred to in 
section 922(g)(1) of a violent felony or a serious drug offense shall--
            ``(A) in the case of 1 such prior conviction, where a 
        period of not more than 10 years has elapsed since the later of 
        the date of conviction and the date of release of the person 
        from imprisonment for that conviction, be imprisoned for not 
        more than 15 years, fined under this title, or both;
            ``(B) in the case of 2 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the later of the date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for not more than 20 years, fined under this title, or both; 
        and
            ``(C) in the case of 3 such prior convictions, committed on 
        occasions different from one another, be fined under this title 
        and imprisoned not less than 15 years or more than life, and 
        notwithstanding any other provision of law, the court shall not 
        suspend the sentence of, or grant a probationary sentence to, 
        such person with respect to the conviction under section 
        922(g).''.
    (b) Amendment to Sentencing Guidelines.--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 for an appropriate increase in the offense level for violations 
of section 922(g) of title 18, United States Code, in accordance with 
section 924(e) of that title 18, as amended by subsection (a).

SEC. 5. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS 
              CHARGED WITH FIREARMS OFFENSES.

    Section 3142(e) of title 18, United States Code, is amended in the 
matter following paragraph (3) by inserting ``an offense under 
subsection (g)(1), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 
922,'' after ``that the person committed''.

SEC. 6. CONFORMING AMENDMENT.

    Section 922(d) of title 18, United States Code, is amended in the 
matter preceding paragraph (1) by inserting ``, transfer,'' after 
``sell''.

SEC. 7. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
              TRANSPORTATION IN AID OF RACKETEERING.

    Section 1952 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``perform'' and all that 
        follows through the end of the subsection and inserting 
        ``perform or attempts to perform an act described in paragraph 
        (1), (2), or (3), or conspires to do so, shall be punished as 
        provided in subsection (d).''; and
            (2) by adding at the end following:
    ``(d) The punishment for an offense under subsection (a) is--
            ``(1) in the case of a violation of paragraph (1) or (3), a 
        fine under this title and imprisonment for not more than 20 
        years; and
            ``(2) in the case of a violation of paragraph (2), a fine 
        under this title and imprisonment for any term of years or for 
        life, but if death results the offender may be sentenced to 
        death.''.

SEC. 8. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence''; 
              and
            (2) in subsection (a), by--
                    (A) inserting ``or other crime of violence, 
                punishable by imprisonment for more than 1 year,'' 
                after ``intent that a murder''; and
                    (B) striking ``shall be fined'' the first place it 
                appears and all that follows through the end of such 
                subsection and inserting the following: ``shall, in 
                addition to being subject to a fine under this title--
            ``(1) if death results, be sentenced to death or life in 
        prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, or a 
        conspiracy to commit such a crime of violence, be imprisoned 
        any term of years or for life;
            ``(3) if the crime of violence is an assault, or a 
        conspiracy to assault, that results in serious bodily injury 
        (as defined in section 1365), be imprisoned not more than 30 
        years; and
            ``(4) in any other case, be imprisoned not more than 20 
        years.''.
    (b) Clerical Amendment.--The item relating to section 1958 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1958. Use of interstate commerce facilities in the commission of 
                            murder-for-hire and other felony crimes of 
                            violence.''.

SEC. 9. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3299A. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 10 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3299A. Violent crime offenses.''.

SEC. 10. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.

    Section 3286(a) of title 18, United States Code, is amended--
            (1) in the subsection heading, by striking ``Eight-Year'' 
        and inserting ``Ten-Year''; and
            (2) in the first sentence, by striking ``8 years'' and 
        inserting ``10 years''.

SEC. 11. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    (a) Offenses.--Part 1 of title 18, United States Code, is amended 
by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``(a) In General.--Whoever, being an alien who is present in the 
United States in violation of section 275 or 276 of the Immigration and 
Nationality Act (8 U.S.C. 1325 and 1326), knowingly commits, conspires, 
or attempts to commit a felony crime of violence for which imprisonment 
for a period of more than 1 year may be imposed, or a drug trafficking 
crime (as defined in section 924(c)), shall be fined under this title, 
imprisoned not more than 20 years, or both.
    ``(b) Previously Ordered Removed.--If the defendant in a 
prosecution under subsection (a) was previously ordered removed under 
the Immigration and Nationality Act on the grounds of having committed 
a crime, the defendant shall be fined under this title, imprisoned not 
more than 30 years, or both.
    ``(c) Running of Sentence.--A term of imprisonment imposed for an 
offense pursuant to this section may not run concurrently with any 
other sentence of imprisonment imposed for another offense.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following new item:

``52. Illegal Aliens........................................   1131.''.
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