[Congressional Record Volume 149, Number 5 (Monday, January 13, 2003)]
[Senate]
[Page S234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE:
  S. 147. A bill to amend title 18 of the United States Code to add a 
general provision for criminal attempt; to the Committee on the 
Judiciary.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 147

       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 ``General Attempt Provision 
     Act''.

     SEC. 2. ESTABLISHMENT OF GENERAL ATTEMPT OFFENSE.

       (a) Chapter 19 of title 18, United States Code, is 
     amended--
       (1) in the chapter heading, by striking ``Conspiracy'' and 
     inserting ``Inchoate offenses''; and
       (2) by adding at the end the following:

     ``Sec. 374. Attempt to commit offense

       ``(a) In General.--Whoever, acting with the state of mind 
     otherwise required for the commission of an offense described 
     in this title, intentionally engages in conduct that, in 
     fact, constitutes a substantial step toward the commission of 
     the offense, is guilty of an attempt and is subject to the 
     same penalties as those prescribed for the offense, the 
     commission of which was the object of the attempt, except 
     that the penalty of death shall not be imposed.
       ``(b) Inability To Commit Offense; Completion of Offense.--
     It is not a defense to a prosecution under this section--
       ``(1) that it was factually impossible for the actor to 
     commit the offense, if the offense could have been committed 
     had the circumstances been as the actor believed them to be; 
     or
       ``(2) that the offense attempted was completed.
       ``(c) Exceptions.--This section does not apply--
       ``(1) to an offense consisting of conspiracy, attempt, 
     endeavor, or solicitation;
       ``(2) to an offense consisting of an omission, refusal, 
     failure of refraining to act;
       ``(3) to an offense involving negligent conduct; or
       ``(4) to an offense described in section 1118, 1120, 1121, 
     or 1153.
       ``(d) Affirmative Defense.--
       ``(1) In general.--It is an affirmative defense to a 
     prosecution under this section, on which the defendant bears 
     the burden of persuasion by a preponderance of the evidence, 
     that, under circumstances manifesting a voluntary and 
     complete renunciation of criminal intent, the defendant 
     prevented the commission of the offense.
       ``(2) Definition.--For purposes of this subsection, a 
     renunciation is not `voluntary and complete' if it is 
     motivated in whole or in part by circumstances that increase 
     the probability of detection or apprehension or that make it 
     more difficult to accomplish the offense, or by a decision to 
     postpone the offense until a more advantageous time or to 
     transfer the criminal effort to a similar objective or 
     victim.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 19 of title 18, United States Code, is amended by 
     adding at the end the following:

``374. Attempt to commit offense.''.

     SEC. 3. RATIONALIZATION OF CONSPIRACY PENALTY AND CREATION OF 
                   RENUNCIATION DEFENSE.

       Section 371 of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by striking ``If two or more'' and inserting the 
     following:
       ``(a) In General.--If 2 or more''; and
       (B) by striking ``either to commit any offense against the 
     United States, or'';
       (2) by striking the second undesignated paragraph; and
       (3) by adding at the end the following:
       ``(b) Conspiracy.--If 2 or more persons conspire to commit 
     any offense against the United States, and 1 or more of such 
     persons do any act to effect the object of the conspiracy, 
     each shall be subject to the same penalties as those 
     prescribed for the most serious offense, the commission of 
     which was the object of the conspiracy, except that the 
     penalty of death shall not be imposed.''.
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