[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8870 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8870
To improve certain criminal provisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Mr. Tiffany (for himself, Mr. Buck, Mr. Chabot, Mr. Fitzgerald, Mr.
Gooden of Texas, Mrs. Miller of Illinois, Ms. Salazar, and Mr.
Moolenaar) 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 certain criminal provisions.
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 ``Combating Violent and Dangerous
Crime Act''.
SEC. 2. BANK ROBBERY AND RELATED CRIMES.
Section 2113 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, or attempts to take,'';
(B) by striking ``or attempts to obtain''; and
(C) by inserting before ``; or'' the following: ``,
or attempts to do so'';
(2) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
SEC. 3. HOMICIDE OFFENSES.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. No maximum time period between act or omission and death
of victim
``A prosecution may be instituted for any homicide offense under
the laws of the United States without regard to the time that elapsed
between--
``(1) the act or omission that caused the death of the
victim; and
``(2) the death of the victim.''.
(b) Table of Contents.--The table of sections for chapter 51 of
title 18, United States Code, is amended by adding at the end the
following:
``1123. No maximum time period between act or omission and death of
victim.''.
SEC. 4. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.
(a) Findings.-- Congress finds the following:
(1) Officers and employees of the United States Government
dutifully and faithfully serve the United States, often placing
themselves at serious risk of death or bodily harm, in order to
preserve, protect, and defend the interests of the United
States.
(2) In prohibiting the assaulting, resisting, or impeding
of officers and employees of the United States Government,
Congress intended to maximize protection for Federal officers
and employees and ensure that individuals who kill or assault
Federal officers or employees are prosecuted.
(3) The United States Court of Appeals for the Sixth
Circuit analyzed section 111 of title 18, United States Code,
correctly when it found, ``Categorizing Sec. 111(a)(1) as a
general intent crime furthers the congressional objective: `If
a person acts in a manner which is assaultive toward a federal
official, without specifically intending harm or the
apprehension of imminent harm, the official still would be
impeded in the performance of his official duties.''' United
States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting
United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa.
1994).
(4) Federal courts, including the United States Courts of
Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth,
and Eleventh Circuits, have correctly interpreted section 111
of title 18, United States Code, to be a crime of general
intent rather than a crime of specific intent.
(5) Other Federal courts, including the United States
Courts of Appeals for the First, Fifth, and Tenth Circuits,
have issued decisions with language arguably suggesting that
section 111 of title 18, United States Code, is a crime of
specific intent rather than a crime of general intent, creating
the appearance of a split among the United States courts of
appeals.
(6) In light of the appearance of a split among the United
States courts of appeals described in paragraph (5), it has
become necessary for Congress to clarify its original intent
that section 111 of title 18, United States Code, is a crime of
general intent.
(b) Amendment.--Section 111 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Knowledge of Defendant.--In a prosecution for an offense
under subsection (a), the Government need not prove that the
defendant--
``(1) knew that the victim of the offense was a person
designated in section 1114 or performed official duties during
service as a person so designated; or
``(2) acted with any intent greater than knowledge.''.
SEC. 5. MOTOR VEHICLES.
Section 2119 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``, with the intent to cause death
or serious bodily harm'';
(B) by inserting a comma after ``force and
violence''; and
(C) by inserting ``or conspires'' after
``attempts'';
(2) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(4) by inserting after paragraph (1) the following:
``(2) if a dangerous weapon or device is used in
committing, or in attempting to commit, the offense, be fined
under this title or imprisoned not more than 25 years, or
both,''; and
(5) in paragraph (3), as so redesignated, by striking ``25
years'' and inserting ``40 years''.
SEC. 6. PENALTIES FOR FIREARMS OFFENSES.
Section 924(c)(3)(B) is amended to read as follows:
``(B) is a conspiracy, or an attempt, to commit an offense
that has as an element the use, attempted use, or threatened
use of physical force against the person or property of
another.''.
SEC. 7. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES
MANUFACTURED OR DISTRIBUTED FOR MINORS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by inserting after section 418 the following:
``manufacturing or distributing candy-flavored controlled substances
for minors
``Sec. 418a. (a) Except as provided in subsection (c) and in
section 418, 419, or 420, a person shall be subject to the penalty
described in subsection (b) if the person violates section 401(a)(1)--
``(1) by manufacturing, creating, distributing, dispensing,
or possessing with intent to distribute a controlled substance
listed in schedule I or II that is--
``(A) combined with a candy or beverage product;
``(B) marketed or packaged to appear similar to a
candy or beverage product; or
``(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
``(2) knowing, or having reasonable cause to believe, that
the controlled substance will be distributed, dispensed, or
sold to a person under 18 years of age.
``(b) The penalty described in this subsection is--
``(1) in the case of a first offense involving the same
controlled substance and schedule, an additional term of
imprisonment of not more than 10 years; and
``(2) in the case of a second or subsequent offense
involving the same controlled substance and schedule, an
additional term of imprisonment of not more than 20 years.
``(c) Subsection (a) shall not apply to any controlled substance
that--
``(1) has been approved by the Secretary under section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), if
the contents, marketing, and packaging of the controlled
substance have not been altered from the form approved by the
Secretary; or
``(2) has been altered at the direction of a practitioner
who is acting for a legitimate medical purpose in the usual
course of professional practice.''.
(b) Technical and Conforming 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 418 the following:
``Sec. 418a. Manufacturing or distributing candy-flavored controlled
substances for minors.''.
(c) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall amend and review
the Federal sentencing guidelines and policy statements to ensure that
the guidelines provide for a penalty enhancement of not less than 2
offense levels for a violation of section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) if the defendant--
(1) manufactures, creates, distributes, dispenses, or
possesses with intent to distribute a controlled substance
listed in schedule I or II that is--
(A) combined with a candy or beverage product;
(B) marketed or packaged to appear similar to a
candy or beverage product; or
(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
(2) knows, or has reasonable cause to believe, that the
controlled substance will be distributed, dispensed, or sold to
a person under 18 years of age.
SEC. 8. KIDNAPPING.
Section 1201 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Kidnapping.--
``(1) Offense.--Except as provided in paragraph (2), it
shall be unlawful for any person, in any circumstance described
in paragraph (3), to--
``(A) unlawfully--
``(i) seize, confine, kidnap, abduct, or
carry away an individual by--
``(I) force and violence; or
``(II) intimidation; or
``(ii) inveigle or decoy an individual; and
``(B) hold the individual described in subparagraph
(A) for ransom, reward, or otherwise.
``(2) Exception.--Paragraph (1) shall not apply to an act
done against a minor by the parent thereof.
``(3) Circumstances.--A circumstance described in this
paragraph is that--
``(A) the individual is willfully transported in
interstate or foreign commerce, regardless of whether
the individual was alive when transported across a
State boundary, or the offender travels in interstate
or foreign commerce or uses the mail or any means,
facility, or instrumentality of interstate or foreign
commerce in committing or in furtherance of the
commission of the offense;
``(B) any such act against the individual is done
within the special maritime and territorial
jurisdiction of the United States;
``(C) any such act against the individual is done
within the special aircraft jurisdiction of the United
States as defined in section 46501 of title 49;
``(D) the individual is a foreign official, an
internationally protected person, or an official guest
as those terms are defined in section 1116(b) of this
title; or
``(E) the individual is among those officers and
employees described in section 1114 of this title and
any such act against the individual is done while the
individual is engaged in, or on account of, the
performance of official duties.
``(4) Penalty.--Any person who commits a violation under
this subsection shall be punished by imprisonment for any term
of years or for life and, if the death of any individual
results, shall be punished by death or life imprisonment.'';
(2) in subsection (b)--
(A) by striking ``subsection (a)(1), above,'' and
inserting ``subsection (a)(3)(A)'';
(B) by striking ``he'' and inserting ``the
victim''; and
(C) by striking ``under this section'' and
inserting ``under this subsection''; and
(3) in subsection (f), by striking ``subsection (a)(4)''
each place it appears and inserting ``subsection (a) with
respect to a circumstance described in paragraph (3)(D) of that
subsection''.
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