Combating Violent and Dangerous Crime Act
Bill: S.4628 | Sponsor: Sen. Grassley, Chuck (R-IA)
Policy area: Crime and Law Enforcement

Summary:
Combating Violent and Dangerous Crime Act
This bill revises various statutes with respect to violent crimes and establishes new criminal offenses. For example, the bill (1) increases the statutory maximum penalty for carjacking, and (2) establishes enhanced criminal penalties for certain federal drug offenses involving the manufacture or distribution of candy-flavored controlled substances or similar products for minors.

To improve certain criminal provisions.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Combating Violent and Dangerous 
Crime Act''.

SEC. 2. BANK ROBBERY AND RELATED CRIMES.

    Section 2113 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``, or attempts to take,'';
                    (B) by striking ``or attempts to obtain''; and
                    (C) by inserting before ``; or'' the following: ``, 
                or attempts to do so'';
            (2) by redesignating subsections (f), (g), and (h) as 
        subsections (g), (h), and (i), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.

SEC. 3. HOMICIDE OFFENSES.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. No maximum time period between act or omission and death 
              of victim
    ``A prosecution may be instituted for any homicide offense under 
the laws of the United States without regard to the time that elapsed 
between--
            ``(1) the act or omission that caused the death of the 
        victim; and
            ``(2) the death of the victim.''.
    (b) Table of Contents.--The table of sections for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1123. No maximum time period between act or omission and death of 
                            victim.''.

SEC. 4. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

    (a) Findings.-- Congress finds the following:
            (1) Officers and employees of the United States Government 
        dutifully and faithfully serve the United States, often placing 
        themselves at serious risk of death or bodily harm, in order to 
        preserve, protect, and defend the interests of the United 
        States.
            (2) In prohibiting the assaulting, resisting, or impeding 
        of officers and employees of the United States Government, 
        Congress intended to maximize protection for Federal officers 
        and employees and ensure that individuals who kill or assault 
        Federal officers or employees are prosecuted.
            (3) The United States Court of Appeals for the Sixth 
        Circuit analyzed section 111 of title 18, United States Code, 
        correctly when it found, ``Categorizing Sec.  111(a)(1) as a 
        general intent crime furthers the congressional objective: `If 
        a person acts in a manner which is assaultive toward a federal 
        official, without specifically intending harm or the 
        apprehension of imminent harm, the official still would be 
        impeded in the performance of his official duties.''' United 
        States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting 
        United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa. 
        1994).
            (4) Federal courts, including the United States Courts of 
        Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth, 
        and Eleventh Circuits, have correctly interpreted section 111 
        of title 18, United States Code, to be a crime of general 
        intent rather than a crime of specific intent.
            (5) Other Federal courts, including the United States 
        Courts of Appeals for the First, Fifth, and Tenth Circuits, 
        have issued decisions with language arguably suggesting that 
        section 111 of title 18, United States Code, is a crime of 
        specific intent rather than a crime of general intent, creating 
        the appearance of a split among the United States courts of 
        appeals.
            (6) In light of the appearance of a split among the United 
        States courts of appeals described in paragraph (5), it has 
        become necessary for Congress to clarify its original intent 
        that section 111 of title 18, United States Code, is a crime of 
        general intent.
    (b) Amendment.--Section 111 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(d) Knowledge of Defendant.--In a prosecution for an offense 
under subsection (a), the Government need not prove that the 
defendant--
            ``(1) knew that the victim of the offense was a person 
        designated in section 1114 or performed official duties during 
        service as a person so designated; or
            ``(2) acted with any intent greater than knowledge.''.

SEC. 5. MOTOR VEHICLES.

    Section 2119 of title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``, with the intent to cause death 
                or serious bodily harm'';
                    (B) by inserting a comma after ``force and 
                violence''; and
                    (C) by inserting ``or conspires'' after 
                ``attempts'';
            (2) in paragraph (1), by striking ``15 years'' and 
        inserting ``20 years'';
            (3) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) if a dangerous weapon or device is used in 
        committing, or in attempting to commit, the offense, be fined 
        under this title or imprisoned not more than 25 years, or 
        both,''; and
            (5) in paragraph (3), as so redesignated, by striking ``25 
        years'' and inserting ``40 years''.

SEC. 6. PENALTIES FOR FIREARMS OFFENSES.

    Section 924(c)(3)(B) is amended to read as follows:
            ``(B) is a conspiracy, or an attempt, to commit an offense 
        that has as an element the use, attempted use, or threatened 
        use of physical force against the person or property of 
        another.''.

SEC. 7. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES 
              MANUFACTURED OR DISTRIBUTED FOR MINORS.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by inserting after section 418 the following:

 ``manufacturing or distributing candy-flavored controlled substances 
                               for minors

    ``Sec. 418a.  (a) Except as provided in subsection (c) and in 
section 418, 419, or 420, a person shall be subject to the penalty 
described in subsection (b) if the person violates section 401(a)(1)--
            ``(1) by manufacturing, creating, distributing, dispensing, 
        or possessing with intent to distribute a controlled substance 
        listed in schedule I or II that is--
                    ``(A) combined with a candy or beverage product;
                    ``(B) marketed or packaged to appear similar to a 
                candy or beverage product; or
                    ``(C) modified by flavoring or coloring to appear 
                similar to a candy or beverage product; and
            ``(2) knowing, or having reasonable cause to believe, that 
        the controlled substance will be distributed, dispensed, or 
        sold to a person under 18 years of age.
    ``(b) The penalty described in this subsection is--
            ``(1) in the case of a first offense involving the same 
        controlled substance and schedule, an additional term of 
        imprisonment of not more than 10 years; and
            ``(2) in the case of a second or subsequent offense 
        involving the same controlled substance and schedule, an 
        additional term of imprisonment of not more than 20 years.
    ``(c) Subsection (a) shall not apply to any controlled substance 
that--
            ``(1) has been approved by the Secretary under section 505 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), if 
        the contents, marketing, and packaging of the controlled 
        substance have not been altered from the form approved by the 
        Secretary; or
            ``(2) has been altered at the direction of a practitioner 
        who is acting for a legitimate medical purpose in the usual 
        course of professional practice.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public 
Law 91-513; 84 Stat. 1236) is amended by inserting after the item 
relating to section 418 the following:

``Sec. 418a. Manufacturing or distributing candy-flavored controlled 
                            substances for minors.''.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall amend and review 
the Federal sentencing guidelines and policy statements to ensure that 
the guidelines provide for a penalty enhancement of not less than 2 
offense levels for a violation of section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841(a)) if the defendant--
            (1) manufactures, creates, distributes, dispenses, or 
        possesses with intent to distribute a controlled substance 
        listed in schedule I or II that is--
                    (A) combined with a candy or beverage product;
                    (B) marketed or packaged to appear similar to a 
                candy or beverage product; or
                    (C) modified by flavoring or coloring to appear 
                similar to a candy or beverage product; and
            (2) knows, or has reasonable cause to believe, that the 
        controlled substance will be distributed, dispensed, or sold to 
        a person under 18 years of age.

SEC. 8. KIDNAPPING.

    Section 1201 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Kidnapping.--
            ``(1) Offense.--Except as provided in paragraph (2), it 
        shall be unlawful for any person, in any circumstance described 
        in paragraph (3), to--
                    ``(A) unlawfully--
                            ``(i) seize, confine, kidnap, abduct, or 
                        carry away an individual by--
                                    ``(I) force and violence; or
                                    ``(II) intimidation; or
                            ``(ii) inveigle or decoy an individual; and
                    ``(B) hold the individual described in subparagraph 
                (A) for ransom, reward, or otherwise.
            ``(2) Exception.--Paragraph (1) shall not apply to an act 
        done against a minor by the parent thereof.
            ``(3) Circumstances.--A circumstance described in this 
        paragraph is that--
                    ``(A) the individual is willfully transported in 
                interstate or foreign commerce, regardless of whether 
                the individual was alive when transported across a 
                State boundary, or the offender travels in interstate 
                or foreign commerce or uses the mail or any means, 
                facility, or instrumentality of interstate or foreign 
                commerce in committing or in furtherance of the 
                commission of the offense;
                    ``(B) any such act against the individual is done 
                within the special maritime and territorial 
                jurisdiction of the United States;
                    ``(C) any such act against the individual is done 
                within the special aircraft jurisdiction of the United 
                States as defined in section 46501 of title 49;
                    ``(D) the individual is a foreign official, an 
                internationally protected person, or an official guest 
                as those terms are defined in section 1116(b) of this 
                title; or
                    ``(E) the individual is among those officers and 
                employees described in section 1114 of this title and 
                any such act against the individual is done while the 
                individual is engaged in, or on account of, the 
                performance of official duties.
            ``(4) Penalty.--Any person who commits a violation under 
        this subsection shall be punished by imprisonment for any term 
        of years or for life and, if the death of any individual 
        results, shall be punished by death or life imprisonment.'';
            (2) in subsection (b)--
                    (A) by striking ``subsection (a)(1), above,'' and 
                inserting ``subsection (a)(3)(A)'';
                    (B) by striking ``he'' and inserting ``the 
                victim''; and
                    (C) by striking ``under this section'' and 
                inserting ``under this subsection''; and
            (3) in subsection (f), by striking ``subsection (a)(4)'' 
        each place it appears and inserting ``subsection (a) with 
        respect to a circumstance described in paragraph (3)(D) of that 
        subsection''.
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