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H.R. 2974 (104th): Crimes Against Children and Elderly Persons Increased Punishment Act

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The text of the bill below is as of May 1, 1996 (Reported by House Committee).

HR 2974 RH

Union Calendar No. 265

104th CONGRESS

2d Session

H. R. 2974

[Report No. 104-548]

To amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes against elderly and child victims.

IN THE HOUSE OF REPRESENTATIVES

February 27, 1996

Mr. CHRYSLER introduced the following bill; which was referred to the Committee on the Judiciary

May 1, 1996

Additional sponsors: Mr. CHRISTENSEN, Mr. BAKER of Louisiana, Mr. SKEEN, Mr. LATOURETTE, Mr. SMITH of New Jersey, Mr. ACKERMAN, Mr. GENE GREEN of Texas, Mr. CALVERT, Mr. FOX of Pennsylvania, Mr. HASTERT, and Mr. Solomon

May 1, 1996

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes against elderly and child victims.

    [Struck out->] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [<-Struck out]

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Crimes Against Children and Elderly Persons Increased Punishment Act’. [<-Struck out]

[Struck out->] SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS. [<-Struck out]

    [Struck out->] Section 240002 of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows: [<-Struck out]

[Struck out->]
‘SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS. [<-Struck out]

    [Struck out->]

    ‘(a) IN GENERAL- The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 5 levels above the offense level otherwise provided for a crime of violence, if the crime of violence is against a child or elderly person. [<-Struck out]

    [Struck out->]

    ‘(b) DEFINITIONS- As used in this section-- [<-Struck out]

      [Struck out->]

      ‘(1) the term ‘crime of violence’ means an offense under section 113, 114, 1111, 1112, 1113, 1117, 2111, 2241, 2242, or 2244 of title 18, United States Code; [<-Struck out]

      [Struck out->]

      ‘(2) the term ‘child’ means a person who is 11 years of age, or younger; and [<-Struck out]

      [Struck out->]

      ‘(3) the term ‘elderly person’ means a person who is 65 years of age or older.’. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Crimes Against Children and Elderly Persons Increased Punishment Act’.

SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

    Section 240002 of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows:

‘SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

    ‘(a) IN GENERAL- The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 5 levels above the offense level otherwise provided for a crime of violence, if the crime of violence is against a child, elderly person, or other vulnerable person.

    ‘(b) DEFINITIONS- As used in this section--

      ‘(1) the term ‘crime of violence’ has the meaning given that term in section 16 of title 18, United States Code;

      ‘(2) the term ‘child’ means a person who is 14 years of age, or younger;

      ‘(3) the term ‘elderly person’ means a person who is 65 years of age or older; and

      ‘(4) the term ‘vulnerable person’ means a person whom the defendant knew or should have known was unusually vulnerable due to age, physical or mental condition, or otherwise particularly susceptible to the criminal conduct.’.

Union Calendar No. 265

104th CONGRESS

2d Session

H. R. 2974

[Report No. 104-548]

A BILL

To amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes against elderly and child victims.

May 1, 1996

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed