[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Page S7765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE:
  S. 1946. A bill to amend title 18, United States Code, to insert a 
general provision for criminal attempt; to the Committee on the 
Judiciary.


                           crime legislation

 Mr. DeWINE. Mr. President, a few weeks ago, I spoke on the 
floor about the current administration's record on crime. The facts 
clearly demonstrate that the administration's actions do not fulfill 
its rhetoric on this issue.
  I think it is time to give law enforcement officers the tools they 
need to do their jobs--protecting American families. Today, I am 
introducing legislation aimed at doing just that, in one significant 
way.
  The bill I am introducing today would establish, for the first time 
in the Federal Criminal Code, a general attempt provision. Thankfully, 
criminals do not succeed every time they set out to commit a crime. We 
need to take advantage of these failed crimes to get criminals off the 
streets.
  Mr. President, under current Federal law, there is no general attempt 
provision applicable to all Federal offenses. This has forced Congress 
to enact separate legislation to cover specific circumstances. This 
approach to the law has led to a patchwork of attempt statutes--leaving 
gaps in coverage, and failing to adequately define exactly what 
constitutes an attempt in all circumstances.
  Since statutes include attempt language within the substantive 
offense, but don't bother to define exactly what an attempt is. Others 
define, as a separate crime, conduct which is only a step toward 
commission of a more serious offense. Moreover, there is no offense of 
attempt for still other serious crimes, such as disclosing classified 
information to an unauthorized person.
  This ad hoc approach to attempt statutes is causing problems for law 
enforcement officials. At what point is it OK for law enforcement 
officials to step in to prevent the completion of a crime? If someone 
is seriously dedicated to committing a crime, law enforcement must be 
able to intervene and prevent it--without having to worry whether doing 
so would cause a criminal to walk. In the absence of a statutory 
definition of an attempt, the courts have been called upon to decide 
whether specific actions fit within existing statutory language.
  When a criminal is attempting to commit a crime where attempt is not 
an offense, then law enforcement must wait until the crime is 
completed, or find some other charge to fit the criminal's actions. Law 
enforcement should never be placed in either of these positions.
  The bill that I am introducing today will solve these problems in the 
current law. As I mentioned earlier, this legislation will add a 
general attempt provision to the U.S. Criminal Code. It provides 
congressional direction in defining what constitutes an attempt in all 
circumstances. And, it will serve to fill in the irrational gaps in 
attempt coverage.
  In my view, it is time for the American people--acting through the 
Congress--to clarify their intention when it comes to this area of the 
law.
  Millions of Americans work hard every day to make ends meet and raise 
their families and provide a better life for their children.
  But, there are some people who choose a different approach to life--a 
life of crime. We as Americans need to leave no doubt where we stand on 
that choice. If you even try to commit a crime, we're going to 
prosecute you and convict you. This bill will make it easier for our 
law enforcement officers to protect our families and our 
communities.
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