[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3436 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3436

 To provide for greater judicial discretion in sentencing for certain 
       firearms offenses committed in exceptional circumstances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

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

_______________________________________________________________________

                                 A BILL


 
 To provide for greater judicial discretion in sentencing for certain 
       firearms offenses committed in exceptional circumstances.

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

SECTION 1. GREATER JUDICIAL DISCRETION IN SENTENCING FOR CERTAIN 
              FIREARMS OFFENSES COMMITTED IN EXCEPTIONAL CIRCUMSTANCES.

    Section 924(c)(1) of title 18, United States Code, is amended by 
redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), 
respectively, and inserting after subparagraph (B) the following:
    ``(C) The minimum sentencing requirements of subparagraphs (A) and 
(B) shall not apply if--
            ``(i) the person who used, carried, or possessed the 
        firearm was authorized to carry that type of firearm in the 
        lawful performance of an employment duty;
            ``(ii) the offense under this paragraph occurred during or 
        in relation to such employment; and
            ``(iii) the crime during and in relation to which the 
        offense under this paragraph occurred is a crime of 
        violence.''.
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