1. Short title
This Act may be cited as the “Combating Violent and Dangerous Crime Act”.
Combating Violent and Dangerous Crime Act
A BILL
To improve certain criminal provisions.
2. Bank robbery and related crimes
Section 2113 of title 18, United States Code, is amended—
in subsection (a)—
by striking “, or attempts to take,”;
by striking “or attempts to obtain”; and
by inserting before “; or” the following: “, or attempts to do so”;
by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and
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.”
3. Homicide offenses
In general— 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
“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.”
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:
4. Protection of officers and employees of the United States
Findings— Congress finds the following:
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.
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.
The United States Court of Appeals for the Sixth Circuit analyzed section 111 of title 18, United States Code, correctly when it found, “Categorizing § 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).
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.
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.
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.
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.”
5. Motor vehicles
Section 2119 of title 18, United States Code, is amended—
in the matter preceding paragraph (1)—
by striking “, with the intent to cause death or serious bodily harm”;
by inserting a comma after “force and violence”; and
by inserting “or conspires” after “attempts”;
in paragraph (1), by striking “15 years” and inserting “20 years”;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
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,”
in paragraph (3), as so redesignated, by striking “25 years” and inserting “40 years”.
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.”
7. Offenses involving candy-flavored controlled substances manufactured or distributed for minors
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:
“418a. Manufacturing or distributing candy-flavored controlled substances for minors
“(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.”
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:
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—
manufactures, creates, distributes, dispenses, or possesses with intent to distribute a controlled substance listed in schedule I or II that is—
combined with a candy or beverage product;
marketed or packaged to appear similar to a candy or beverage product; or
modified by flavoring or coloring to appear similar to a candy or beverage product; and
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.
8. Kidnapping
Section 1201 of title 18, United States Code, is amended—
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.”
in subsection (b)—
by striking “subsection (a)(1), above,” and inserting “subsection (a)(3)(A)”;
by striking “he” and inserting “the victim”; and
by striking “under this section” and inserting “under this subsection”; and
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”.