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Union Calendar No. 265

104TH CONGRESS

2D SESSION H. R. 2974

[Report No. 104–548]

To amend the Violent Crime Control and Law Enforcement Act of 1994

to provide enhanced penalties for crimes against elderly and child victims.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1996

Mr. CHRYSLER introduced the following bill; which was referred to the

Committee on the Judiciary

MAY 1, 1996

Additional sponsors: Mr. CHRISTENSEN, Mr. BAKER of Louisiana, Mr.

SKEEN, Mr. LATOURETTE, Mr. SMITH of New Jersey, Mr. ACKERMAN,

Mr. GENE GREEN of Texas, Mr. CALVERT, Mr. FOX of Pennsylvania, Mr.

HASTERT, and Mr. SOLOMON

MAY 1, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Violent Crime Control and Law Enforcement

Act of 1994 to provide enhanced penalties for crimes

against elderly and child victims.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2974 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Crimes Against Chil3 dren and Elderly Persons Increased Punishment Act’’.

4 SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

5 Section 240002 of the Violent Crime Control and

6 Law Enforcement Act of 1994 is amended to read as fol7 lows:

8 ‘‘SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE

9 VICTIMS.

10 ‘‘(a) IN GENERAL.—The United States Sentencing

11 Commission shall amend the Federal sentencing guidelines

12 to provide a sentencing enhancement of not less than 5

13 levels above the offense level otherwise provided for a

14 crime of violence, if the crime of violence is against a child

15 or elderly person.

16 ‘‘(b) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘crime of violence’ means an of18 fense under section 113, 114, 1111, 1112, 1113,

19 1117, 2111, 2241, 2242, or 2244 of title 18, United

20 States Code;

21 ‘‘(2) the term ‘child’ means a person who is 11

22 years of age, or younger; and

23 ‘‘(3) the term ‘elderly person’ means a person

24 who is 65 years of age or older.’’.
3

•HR 2974 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Crimes Against Children

3 and Elderly Persons Increased Punishment Act’’.

4 SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

5 Section 240002 of the Violent Crime Control and Law

6 Enforcement Act of 1994 is amended to read as follows:

7 ‘‘SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE

8 VICTIMS.

9 ‘‘(a) IN GENERAL.—The United States Sentencing

10 Commission shall amend the Federal sentencing guidelines

11 to provide a sentencing enhancement of not less than 5 levels

12 above the offense level otherwise provided for a crime of vio13 lence, if the crime of violence is against a child, elderly per14 son, or other vulnerable person.

15 ‘‘(b) DEFINITIONS.—As used in this section—

16 ‘‘(1) the term ‘crime of violence’ has the meaning

17 given that term in section 16 of title 18, United

18 States Code;

19 ‘‘(2) the term ‘child’ means a person who is 14

20 years of age, or younger;

21 ‘‘(3) the term ‘elderly person’ means a person

22 who is 65 years of age or older; and

23 ‘‘(4) the term ‘vulnerable person’ means a person

24 whom the defendant knew or should have known was

25 unusually vulnerable due to age, physical or mental
4

•HR 2974 RH

1 condition, or otherwise particularly susceptible to the

2 criminal conduct.’’.

Union Calendar No. 265

104TH CONGRESS

2D SESSION H. R. 2974

[Report No. 104–548]

A BILL

To amend the Violent Crime Control and Law Enalties for crimes against elderly and child victims. forcement Act of 1994 to provide enhanced penMAY 1, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and