I
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 commit-
ted against individuals of age sixty-five or over, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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:
‘‘§ 3581. Mandatory sentence for felony against indi-
vidual 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 sen-
tence 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 appli-
cable.
‘‘(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 im-
prisonment less than that which would have been
imposed under subsection (a) of this section in con-
nection 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: ‘‘Nei-
ther 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 Crimi-
nal 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’’.
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