I

104TH CONGRESS

1ST SESSION H. R. 146

To impose mandatory sentences for violent felonies committed against

individuals of age sixty-five or over, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

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

Committee on the Judciary

A BILL

To impose mandatory sentences for violent felonies committed against individuals of age sixty-five or over, and

for other purposes.

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 ‘‘Crimes Against the

5 Elderly Penalty Act’’.

6 SEC. 2. ADDITIONAL PENALTIES FOR CRIMES AGAINST THE

7 ELDERLY.

8 (a) IN GENERAL.—Subchapter A of chapter 227 of

9 title 18, United States Code, is amended by adding at the

10 end the following new section:
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1 ‘‘§ 3560. Mandatory sentence for felony against indi2 viduals of age sixty-five or over

3 ‘‘(a) Upon any plea of guilty or nolo contendere or

4 verdict or finding of guilty of a defendant of a crime of

5 violence under this title, if any victim of such crime is an

6 individual who had attained age sixty-five on or before the

7 date that the offense was committed, the court shall sen8 tence the defendant to imprisonment—

9 ‘‘(1) for a term of not less than one-half of the

10 maximum term of imprisonment provided for such

11 crime under this title, in the case of a first offense

12 to which this section is applicable; and

13 ‘‘(2) for a term of not less than three-fourths

14 of the maximum term of imprisonment provided for

15 such crime under this title, in the case of a second

16 or subsequent offense to which this section is appli17 cable.

18 ‘‘(b) Notwithstanding any other provision of law, with

19 respect to a sentence imposed under subsection (a) of this

20 section—

21 ‘‘(1) the court shall not suspend such sentence;

22 ‘‘(2) the court shall not give the defendant a

23 probationary sentence;

24 ‘‘(3) such sentence shall be served consecutively

25 to any other sentence imposed under this title; and
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1 ‘‘(4) the court shall reject any plea agreement

2 which would result in the imposition of a term of im3 prisonment less than that which would have been

4 imposed under subsection (a) of this section in con5 nection with any charged offense.

6 ‘‘(c) As used in this section, the term ‘victim’ means

7 an individual against whom an offense has been or is being

8 committed.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 for subchapter A of chapter 227 of title 18, United States

11 Code, is amended by adding at the end the following new

12 item:

‘‘3560. Mandatory sentence for felony against individual of age sixty-five or

over.’’.

13 SEC. 3. APPEALS RELATING TO MANDATORY PENALTY

14 CASES.

15 Section 3731 of title 18, United States Code, is

16 amended by inserting after the second paragraph the fol17 lowing new paragraph:

18 ‘‘An appeal by the United States shall lie to a court

19 of appeals from an otherwise final decision, judgment, or

20 order of a district court sentencing a defendant on the

21 ground that such sentence is less severe than that required

22 under section 3560 of this title.’’.
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1 SEC. 4. PRESENTENCE REPORT.

2 Rule 32(c) of the Federal Rules of Criminal Proce3 dure is amended—

4 (1) by adding at the end of the first paragraph

5 in paragraph (1) the following new sentence: ‘‘Nei6 ther the defendant nor the court may waive a

7 presentence investigation and report unless there is

8 in the record information sufficient for the court to

9 determine whether a mandatory sentence must be

10 imposed pursuant to title 18, United States Code,

11 section 3560.’’; and

12 (2) in paragraph (2)(D), by inserting after ‘‘the

13 offense’’ the following: ‘‘and information relating to

14 whether any victim of the offense had attained age

15 65 on the date that the offense was committed’’.

16 SEC. 5. CONFORMING AMENDMENT.

17 Rule 11(e)(1) of the Federal Rules of Criminal Proce18 dure is amended by striking out ‘‘The’’ after ‘‘In General.’’

19 and inserting in lieu thereof ‘‘Except as provided in title

20 18, United States Code, section 3560, the’’.

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