110 HR 3462 IH: Prosecutorial Tools Improvement Act of U.S. House of Representatives 2007-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 3462 IN THE HOUSE OF REPRESENTATIVES August 4, 2007 Mr. Lampson introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the tools available to prosecute certain violent crimes, and for other purposes.
1.
Short title
This Act may be cited as the Prosecutorial Tools Improvement Act of 2007.
2.
Murder and other violent crimes committed during and in relation to a drug trafficking crime
(a)
In General
Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:
424.
Murder and other violent crimes committed during and in relation to a drug trafficking crime
(a)
In general
Whoever, during and in relation to any drug trafficking crime, knowingly commits any crime of violence against any individual that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and— (1)for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life; (2)for a serious violent felony (as defined in section 3559 of title 18, United States Code) other than a felony described in paragraph (1), by imprisonment for not more than 30 years; (3)for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; (4)for conspiring to commit a crime of violence, by imprisonment for not more than 10 years; and (5)for threatening to commit a crime of violence, by imprisonment for not more than 8 years. (b)
Venue
A prosecution for a violation of this section may be brought in— (1)the judicial district in which the murder or other crime of violence occurred; or (2)any judicial district in which the drug trafficking crime may be prosecuted. (c)
Definitions
In this section— (1)the term crime of violence means an offense that has as an element the use of physical force against the person of another; and (2)the term drug trafficking crime has the meaning given that term in section 924(c)(2) of title 18, United States Code.
. (b)
Clerical Amendment
The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91–513; 84 Stat. 1236) is amended by inserting after the item relating to section 423, the following: Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime. .
3.
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 after that the person committed the following: an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime or crime of violence (as those terms are defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 922,.
4.
Statute of limitations for violent crimes and terrorism offenses
(a)
Statute of limitations for violent crimes
Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
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 8 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. . (c)
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.