Combat Violent Crime Act of 2019

Bill: 116-hr-3533
Sponsor: full_name: Rep. Roby, Martha [R-AL-2]
Introduced: 2019-06-27
Policy area: Crime and Law Enforcement
Subjects: Violent crime
Latest action: action_date: 2019-07-30
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2019-06-27
action_desc: Introduced in House
text: <p><b>Combat Violent Crime Act of 2019</b></p> <p>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.</p> <p>Currently, the term<i> crime of violence</i> 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. </p> <p>In 2019, the Supreme Court held in <i>United States v. Davis </i>that the categorical approach (i.e., assessing the nature of the defendant's offense based on its statutory elements) is unconstitutionally vague.</p> <p>This bill revises the second prong of the<i> crime of violence</i> 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. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 3533 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.

1. Short title This Act may be cited as the Combat Violent Crime Act of 2019 . 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 . 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.