I

104TH CONGRESS

2D SESSION H. R. 3085

To control crime by increasing penalties for armed violent criminals and

drug dealers.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1996

Mr. CHRISTENSEN (for himself, Mr. ENSIGN, Mr. CHRYSLER, Mr. ENGLISH

of Pennsylvania, Mrs. SEASTRAND, and Mr. SAM JOHNSON of Texas) introduced the following bill; which was referred to the Committee on the

Judiciary

A BILL

To control crime by increasing penalties for armed violent

criminals and drug dealers.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hard Time for Gun

5 Crimes Act of 1996’’.
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1 SEC. 2. MANDATORY PRISON TERMS FOR POSSESSING,

2 BRANDISHING, OR DISCHARGING A FIREARM

3 OR DESTRUCTIVE DEVICE DURING A CRIME

4 THAT IS A SERIOUS VIOLENT FELONY OR SE5 RIOUS DRUG OFFENSE.

6 Section 924(c) of title 18, United States Code, is

7 amended—

8 (1) by redesignating paragraphs (2) and (3) as

9 paragraphs (5) and (6), respectively; and

10 (2) by striking paragraph (1) and inserting the

11 following:

12 ‘‘(1) A person who, during and in relation to any

13 crime of violence or drug trafficking crime (including a

14 crime of violence or serious drug trafficking crime which

15 provides for an enhanced punishment if committed by the

16 use of a deadly or dangerous weapon or device) for which

17 the person may be prosecuted in a court of the United

18 States—

19 ‘‘(A) possesses a firearm, shall, in addition to

20 the sentence imposed for the crime of violence or

21 drug trafficking crime, be sentenced to imprison22 ment for 10 years;

23 ‘‘(B) brandishes a firearm, shall, in addition to

24 the sentence imposed for the crime of violence or

25 drug trafficking crime, be sentenced to imprison26 ment for 25 years; or
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1 ‘‘(C) discharges a firearm with the intent to in2 jure another person, shall, in addition to the sen3 tence imposed for the crime of violence or drug traf4 ficking crime, be sentenced to imprisonment for 30

5 years;

6 except that if the firearm is a machinegun or destructive

7 device or is equipped with a firearm silencer or firearm

8 muffler, such additional sentence shall be imprisonment

9 for 30 years more than the term of imprisonment that

10 would otherwise be imposed under this paragraph.

11 ‘‘(2) Paragraph (1) shall not apply to the conduct of

12 a person in defense of person or property during the

13 course of a crime committed by another person (including

14 the arrest or attempted arrest of such other person during

15 or immediately after the commission of the crime), unless

16 the person engaged in or participated in criminal conduct

17 that gave rise to the criminal conduct of such other per18 son.

19 ‘‘(3) In the case of the second or subsequent convic20 tion of a person under this subsection—

21 ‘‘(A) if the person possessed a firearm during

22 and in relation to such second or subsequent crime

23 of violence or drug trafficking crime, the person

24 shall, in addition to the sentence imposed for such
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1 second or subsequent offense, be sentenced to im2 prisonment for not less than 20 years;

3 ‘‘(B) if the person brandished a firearm during

4 and in relation to such second or subsequent crime

5 of violence or drug trafficking crime, the person

6 shall, in addition to the sentence imposed for such

7 second or subsequent offense, be sentenced to im8 prisonment for not less than 35 years; or

9 ‘‘(C) if the person discharged a firearm with

10 the intent to injure another person during and in re11 lation to such second or subsequent crime of violence

12 or drug trafficking crime, the person shall, in addi13 tion to the sentence imposed for such second or sub14 sequent offense, be sentenced to imprisonment for

15 not less than 50 years;

16 except that if the firearm is a machinegun or destructive

17 device or is equipped with a firearm silencer or firearm

18 muffler, the person shall, in addition to the sentence im19 posed for such second or subsequent offense, be sentenced

20 to life imprisonment.

21 ‘‘(4)(A) Notwithstanding any other provision of law,

22 the court shall not impose a probationary sentence on any

23 person convicted of a violation of this subsection, nor shall

24 a term of imprisonment imposed under this subsection run

25 concurrently with any other term of imprisonment includ-
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1 ing that imposed for the crime of violence, drug trafficking

2 crime, serious violent felony, or serious drug offense in

3 which the firearm was used.

4 ‘‘(B) No person sentenced under this subsection shall

5 be released for any reason whatsoever during a term of

6 imprisonment imposed under this subsection.’’.

7 SEC. 3. MANDATORY PENALTIES FOR VIOLENT FELONS.

8 Section 924(a)(2) of title 18, United States Code, is

9 amended by adding at the end the following: ‘‘The court

10 shall sentence a person convicted of an offense under sec11 tion 922(g)(1) to not less than 10 years in prison if the

12 person has a prior conviction for a serious violent felony

13 (as defined in section 3559(c)(2)(F)), and to not less than

14 30 years in prison if the person has 2 such prior convic15 tions.’’.

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