II

106TH CONGRESS

1ST SESSION S. 420

To provide a mandatory minimum sentence for State crimes involving the

use of a firearm, impose work requirements for prisoners, and prohibit

the provision of luxury items to prisoners.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1999

Ms. SNOWE introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide a mandatory minimum sentence for State crimes

involving the use of a firearm, impose work requirements

for prisoners, and prohibit the provision of luxury items

to prisoners.

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 ‘‘Crime Control Act of

5 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) the most important domestic function of the

2 Federal Government is the protection of the personal

3 security of individual Americans through the enact4 ment and enforcement of laws against criminal be5 havior; and

6 (2) tough Federal laws, such as mandatory

7 minimum prison sentences for violent crimes com8 mitted with a firearm and truth-in-sentencing, would

9 serve as deterrents to persons who might be disposed

10 to commit violent crimes.

11 SEC. 3. MANDATORY MINIMUMS FOR STATE CRIMES IN12 VOLVING A FIREARM.

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

14 amended by adding at the end the following:

15 ‘‘(4) STATE CRIMES INVOLVING THE USE OF A FIRE16 ARM.—

17 ‘‘(A) DEFINITIONS.—In this paragraph—

18 ‘‘(i) the term ‘crime of violence’ means an

19 offense that is punishable by imprisonment for

20 more than 1 year, and—

21 ‘‘(I) has as an element the use, at22 tempted use, or threatened use of physical

23 force against the person or property of an24 other; or
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1 ‘‘(II) by its nature involves a substan2 tial risk that physical force against the

3 person or property of another may be used

4 during the course of the offense;

5 ‘‘(ii) the term ‘drug trafficking crime’

6 means a crime punishable by imprisonment for

7 more than 1 year involving the manufacture,

8 distribution, possession, cultivation, sale, or

9 transfer of a controlled substance, controlled

10 substance analogue, immediate precursor, or

11 listed chemical (as those terms are defined in

12 section 102 of the Controlled Substance Act (21

13 U.S.C. 802)), or an attempt or conspiracy to

14 commit such a crime; and

15 ‘‘(iii) the term ‘possesses a firearm’

16 means—

17 ‘‘(I) in the case of a crime of violence,

18 touching a firearm at the scene of a crime

19 at any time during the commission of the

20 crime; and

21 ‘‘(II) in the case of a drug trafficking

22 crime, having a firearm readily available at

23 the scene of the crime at any time during

24 the commission of the crime.
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1 ‘‘(C) PROHIBITED ACTS; PENALTIES.—A person

2 who, during and in relation to a crime of violence or

3 drug trafficking crime involving a firearm that has

4 been moved at any time in interstate or foreign com5 merce (including a crime of violence or drug traffick6 ing crime that provides for an enhanced punishment

7 if committed by the use of a deadly or dangerous

8 weapon or device) for which the person may be pros9 ecuted in a court of any State—

10 ‘‘(i) in the case of a first conviction of such

11 a crime, in addition to the sentence imposed for

12 the crime of violence or drug trafficking

13 crime—

14 ‘‘(I) knowingly possesses a firearm,

15 shall be imprisoned for a term of not less

16 than 10 years;

17 ‘‘(II) discharges a firearm with intent

18 to injure another person, shall be impris19 oned for a term of not less than 20 years;

20 and

21 ‘‘(III) knowingly possesses a firearm

22 that is a machinegun or destructive device,

23 or is equipped with a firearm silencer or

24 firearm muffler, shall be imprisoned for a

25 term of not less than 30 years;
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1 ‘‘(ii) in the case of a second conviction of

2 such a crime, in addition to the sentence im3 posed for the crime of violence or drug traffick4 ing crime—

5 ‘‘(I) knowingly possesses a firearm

6 during and in relation to the crime of vio7 lence or drug trafficking crime, shall be

8 imprisoned for a term of not less than 20

9 years;

10 ‘‘(II) discharges a firearm during and

11 in relation to the crime of violence or drug

12 trafficking crime, shall be imprisoned for a

13 term of not less than 30 years; and

14 ‘‘(III) discharges a firearm that is a

15 machinegun or a destructive device, or is

16 equipped with a firearm silencer or firearm

17 muffler, shall be imprisoned for a term of

18 life; and

19 ‘‘(iii) in the case of a third or subsequent

20 conviction of such a crime, possesses or dis21 charges a firearm in a manner described in

22 clause (i) or (ii), shall be imprisoned for a term

23 of life.
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1 ‘‘(D) NO PROBATION, SUSPENSION OF SEN2 TENCE, OR EARLY RELEASE.—Notwithstanding any

3 other provision of law—

4 ‘‘(i) a court shall not place on probation or

5 suspend the sentence of any person convicted of

6 a violation of this subsection, nor shall a term

7 of imprisonment imposed under this subsection

8 run concurrently with any other term of impris9 onment, including a term imposed for the crime

10 of violence or drug trafficking crime in which

11 the firearm was used; and

12 ‘‘(ii) no person sentenced under this sub13 section shall be released for any reason during

14 a term of imprisonment imposed under this

15 paragraph.

16 ‘‘(E) INAPPLICABILITY TO CERTAIN PER17 SONS.—Except in the case of a person who engaged

18 in or participated in criminal conduct that gave rise

19 to the occasion for the person’s use of a firearm,

20 this paragraph does not apply to a person who may

21 be found to have committed a criminal act while act22 ing in defense of a person or property during the

23 course of a crime being committed by another person

24 (including the arrest or attempted arrest of the of-
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1 fender during or immediately after the commission

2 of the crime).

3 ‘‘(F) EFFECT ON STATE LAW.—

4 ‘‘(i) IN GENERAL.—This paragraph shall

5 supplement, but not supplant, the efforts of

6 State and local prosecutors in prosecuting

7 crimes of violence and drug trafficking crimes

8 that could be prosecuted under State law.

9 ‘‘(ii) DEFERENCE.—The Attorney General

10 shall give due deference to the interest that a

11 State or local prosecutor has in prosecuting a

12 person under State law.

13 ‘‘(G) NO CREATION OF ENFORCEABLE

14 RIGHTS.—This paragraph shall not be construed to

15 create any rights, substantive or procedural, enforce16 able at law by any party in any manner, civil or

17 criminal, nor does it place any limitations on other18 wise lawful prerogatives of the Attorney General.’’.

19 SEC. 4. PRISON WORK REQUIREMENTS FOR PRISONERS;

20 PROHIBITION ON PROVISION OF LUXURY

21 ITEMS TO PRISONERS.

22 Section 4001(b)(2) of title 18, United States Code,

23 is amended by adding at the end the following: ‘‘Not later

24 than 120 days after the date of enactment of the Crime

25 Control Act of 1999, the Attorney General shall imple-
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1 ment and enforce regulations mandating prison work for

2 all able-bodied inmates in Federal penal and correctional

3 institutions. Such regulations shall also prohibit the provi4 sion by the Government of television, radio, telephone,

5 stereo, or other similar amenities in the cell of any in6 mate.’’.

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