[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 388 Introduced in House (IH)] 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 committed against individuals of age sixty-five or over, and for other purposes. Be it enacted by the Senate and House of Representatives 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: ``Sec. 3581. Mandatory sentence for felony against individual 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 sentence 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 applicable. ``(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 imprisonment less than that which would have been imposed under subsection (a) of this section in connection 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: ``Neither 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 Criminal 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''. <all>