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H.R. 8537 (117th): Mass Shooter Prosecution Act of 2022

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The text of the bill below is as of Jul 27, 2022 (Introduced). The bill was not enacted into law.

Summary of this bill

Indisputably, mass shooters who survive their attack should be prosecuted; nobody argues that. But should they be prosecuted for terrorism specifically?

Context

Currently, federal law defines “domestic terrorism” as an act “dangerous to human life,” which violated either a federal or state law, with one of three goals:

  • “to intimidate or coerce a civilian population”
  • “to influence the policy of a government by intimidation or coercion”
  • “to affect the conduct of a government by mass destruction, assassination, or kidnapping.”

183 domestic terrorism prosecutions were filed in fiscal year 2020, the most since the government began tracking that annual number in the 1990s. That increase was largely due to the …

I

117th CONGRESS

2d Session

H. R. 8537

IN THE HOUSE OF REPRESENTATIVES

July 27, 2022

(for himself and Ms. Escobar) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide increased penalties for mass killings involving machineguns or certain semiautomatic weapons, and for other purposes.

1.

Short title

This Act may be cited as the Mass Shooter Prosecution Act of 2022.

2.

Mass killings using machineguns or covered semiautomatic weapons

(a)

In general

Chapter 113B of title 18, United States Code, is amended by inserting after section 2332i the following:

2332j.

Mass killings using machineguns or covered semiautomatic weapons

(a)

Whoever kills 3 or more people in a single incident using a machinegun or a covered semiautomatic weapon in a circumstance described in subsection (b), shall be imprisoned for any term of years or for life.

(b)

A circumstance described in this subsection is any one of the following:

(1)

The mail or any facility of interstate or foreign commerce was used in furtherance of the offense.

(2)

The machinegun or covered semiautomatic weapon used in the commission of the offense was transported in interstate or foreign commerce.

(3)

The perpetrator traveled in or caused another to travel in interstate or foreign commerce in furtherance of the offense.

(4)

The offense occurred within the special maritime and territorial jurisdiction of the United States.

(5)

The offense otherwise occurred in or affected interstate or foreign commerce.

.

(b)

Definition

Section 2331 of chapter 113B is amended—

(1)

in paragraph (5), by striking and at the end;

(2)

in paragraph (6), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(7)

the term covered semiautomatic weapon means—

(A)

semiautomatic rifle that—

(i)

has a magazine that is not a fixed magazine; and

(ii)

does have any one of—

(I)

a pistol grip;

(II)

a forward grip;

(III)

a folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon;

(IV)

a grenade launcher;

(V)

a barrel shroud; or

(VI)

a threaded barrel;

(B)

a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

(C)

any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun;

(D)

a semiautomatic shotgun that—

(i)

has the capacity to utilize a magazine that is not a fixed magazine; and

(ii)

does have any one of—

(I)

a folding, telescoping, or detachable stock;

(II)

a pistol grip or bird's head grip;

(III)

a fixed magazine with the capacity to accept more than 5 rounds;

(IV)

the ability to accept a detachable magazine;

(V)

a forward grip; or

(VI)

a grenade launcher;

(E)

any AK or AR type of weapon, including a rifle, copy, duplicate, variant, or altered facsimile with the capability of any such weapon; or

(F)

any weapon that is substantially similar to a weapon described in subparagraphs (A) through (E) determined by the Attorney General pursuant to a rule, which shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5; and

(8)

the term machinegun has the meaning given such term in section 5845(b) of the Internal Revenue Code of 1986.

.

(c)

Providing material support

Section 2339A(a) of title 18, United States Code, is amended by inserting after 2332f, the following: 2332j,.

(d)

Clerical amendment

The table of sections for chapter 113B of title 18, United States Code, is amended by inserting after the item related to section 2332i the following:

2332j. Mass killings using machineguns or covered semiautomatic weapons.

.

3.

Report on charges filed for use of weapons of mass destruction and providing material support to terrorists

On the date that is one year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on each case in which the Department of Justice has filed charges under section 2332j or 2339a of title 18, United States Code, during the previous year, which shall include the following:

(1)

For each case in which charges under section 2332j of title 18, United States Code, were filed—

(A)

the date of the alleged offense;

(B)

the number of individuals who were injured;

(C)

the number of fatalities;

(D)

the age, gender, race, ethnicity, and nationality of each individual charged under such section; and

(E)

the weapon used in the alleged offense.

(2)

For each case in which charges under section 2339a of title 18, United States Code, were filed—

(A)

the type of support alleged to have been provided;

(B)

to whom such support was alleged to have been provided; and

(C)

the age, gender, race, ethnicity, and nationality of each individual charged under such section.

4.

Inclusion of demographic information in reports concerning intercepted wire, oral, or electronic communications

Section 2519(2)(c) of title 18, United States Code, is amended by inserting after order or extension, the following: , the age, gender, race, ethnicity, and nationality of each individual arrested,.