Title: Combat Violent Crime Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Combat Violent Crime Act of 2019
This bill alters the approach used by courts to determine if a criminal offense constitutes a crime of violence for the purposes of imposing an enhanced sentence on a defendant who uses or possesses a firearm in a crime of violence.
Currently, the term crime of violence means a felony that (1) has as an element the use, attempted use, or threatened use of physical force; or (2) by its nature, involves a substantial risk of physical force. To determine if an offense constitutes a crime of violence under the second prong, courts apply a categorical approach to assess whether the nature of the defendant's offense, based on its statutory elements, involves a substantial risk of physical force.
In 2019, the Supreme Court held in United States v. Davis that the categorical approach (i.e., assessing the nature of the defendant's offense based on its statutory elements) is unconstitutionally vague.
This bill revises the second prong of the crime of violence definition to mean a felony that, based on the facts underlying the offense, involved a substantial risk of physical force. Under the revised definition, courts would apply a conduct-based approach to determine if an offense constitutes a crime of violence. The conduct-based approach assesses whether the defendant's conduct underlying an offense, based on the facts of the case, involved a substantial risk of physical force.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3533 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3533

  To amend title 18, United States Code, to clarify the definition of 
               crime of violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2019

   Mrs. Roby (for herself and Mr. Collins of Georgia) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to clarify the definition of 
               crime of violence, and for other purposes.

    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 ``Combat Violent Crime Act of 2019''.

SEC. 2. AMENDMENT TO THE DEFINITION OF CRIME OF VIOLENCE.

    Section 924(c)(3)(B) of title 18, United States Code, is amended--
     (a) by striking ``by its nature, involves'' and inserting ``, 
based on the facts underlying the offense, involved''; and
    (b) by striking ``may be used'' and inserting ``may have been 
used''.

SEC. 3. APPLICATION.

    (a) In General.--The amendments made by this Act shall apply to any 
offense committed on or after the date of the enactment of this Act.
    (b) Rule of Construction.--The amendments made by this Act shall 
not be construed to create any right to challenge a sentence imposed 
before the date of the enactment of this Act under section 924 of title 
18, United States Code.
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