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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 388 Introduced in House (IH)]

103d CONGRESS
  1st Session
                               H. R. 388

 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 5, 1993

 Mr. Solomon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That chapter 227 of 
title 18, United States Code, is amended by adding at the end the 
following new section:
``Sec. 3581. Mandatory sentence for felony against individual of age 
              sixty-five or over
    ``(a) Upon any plea of guilty or nolo contendere or verdict or 
finding of guilty of a defendant of a crime of violence under this 
title, if any victim of such crime is an individual who had attained 
age sixty-five on or before the date that the offense was committed, 
the court shall sentence the defendant to imprisonment--
            ``(1) for a term of not less than one-half of the maximum 
        term of imprisonment provided for such crime under this title, 
        in the case of a first offense to which this section is 
        applicable; and
            ``(2) for a term of not less than three-fourths of the 
        maximum term of imprisonment provided for such crime under this 
        title, in the case of a second or subsequent offense to which 
        this section is applicable.
    ``(b) Notwithstanding any other provision of law, with respect to a 
sentence imposed under subsection (a) of this section--
            ``(1) the court shall not suspend such sentence;
            ``(2) the court shall not give the defendant a probationary 
        sentence;
            ``(3) no defendant shall be eligible for release on parole 
        before the end of such sentence;
            ``(4) such sentence shall be served consecutively to any 
        other sentence imposed under this title; and
            ``(5) the court shall reject any plea agreement which would 
        result in the imposition of a term of imprisonment less than 
        that which would have been imposed under subsection (a) of this 
        section in connection with any charged offense.
    ``(c) As used in this section, the term--
            ``(1) `crime of violence' means--
                    ``(A) a felony that has an element of the offense 
                the use, attempted use, or threatened use of physical 
                force against the person or property of another; or
                    ``(B) a felony that, by its nature, involves a 
                substantial risk that physical force against the person 
                or property of another may be used in the course of 
                committing the offense; and
            ``(2) `victim' means an individual against whom an offense 
        has been or is being committed.''.
    Sec. 2. The table of sections for chapter 227 of title 18, United 
States Code, is amended by adding at the end the following new item:

``3581. Mandatory sentence for felony against individual of age sixty-
                            five or over.''.
    Sec. 3. Section 3731 of title 18, United States Code, is amended by 
inserting after the second paragraph the following new paragraph:
    ``An appeal by the United States shall lie to a court of appeals 
from an otherwise final decision, judgment, or order of a district 
court sentencing a defendant on the ground that such sentence is less 
severe than that required under section 3581 of this title.''.
    Sec. 4. Rule 32(c) of the Federal Rules of Criminal Procedure is 
amended--
            (1) by adding at the end of the first paragraph in 
        paragraph (1) the following new sentence: ``Neither the 
        defendant nor the court may waive a presentence investigation 
        and report unless there is in the record information sufficient 
        for the court to determine whether a mandatory sentence must be 
        imposed pursuant to title 18, United States Code, section 
        3581.''; and
            (2) in paragraph (2)(D), by inserting after ``the offense'' 
        the following: ``and information relating to whether any victim 
        of the offense had attained age 65 on the date that the offense 
        was committed''.
    Sec. 5. Rule 11(e)(1) of the Federal Rules of Criminal Procedure is 
amended by striking out ``The'' after ``In General.'' and inserting in 
lieu thereof ``Except as provided in title 18, United States Code, 
section 3581, the''.

                                 <all>
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