An amendment numbered 1 printed in House Report 109-76 to excludes property crimes from crime of violence definition for Gang Crimes under revised 18 USC 521 Gang Crime; Replaces current text with revised changes to existing 18 USC 1952, Interstate and Foreign Travel in Aid of Racketeering Enterprises, to retain existing interstate commerce requirement, to add conspiracies as possible violation, and to increase penalties for violations; Inserts existing statute text which was inadvertently omitted from introduced and reported versions of H.R. 1279, modifies crime of violence definition under 18 USC 16(b) to clarify that act, by its nature, creates substantial risk that physical injury may result to person or property of another; clarifies exception to ban on possession of handguns by juveniles under 18 USC 922(x) to permit juvenile to possess firearm while in the presence of parent or guardian who is not prohibited from possessing such a firearm by Federal, State or local law, and does not require that juvenile have written authorization from such parent or guardian; includes other technical and grammatical changes.
What it does: 11 changes: replaces text in 7 places, inserts text in 3 places, strikes text
Rep. F. James Sensenbrenner, Jr. (R-WI)Description
Amendment, as modified, excludes property crimes from the crime of violence definition for Gang Crimes; makes changes to 18 U.S.C. 1952, Interstate and Foreign Travel in Aid of Racketeering Enterprises, to retain the existing interstate commerce requirement, to add conspiracies as possible violations, and to increase penalties for violations; clarifies the crime of violence definition under 18 U.S.C. 16(b) to include an act that by its nature creates a substantial risk that physical injury may result to a person or property of another; and makes other technical and clarifying changes to the bill.
What it changes
11 changes to H.R. 1279 · 3 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “under subparagraphs (A), (B), or (C)” with “under subparagraph (A), (B), or (C)”
[struck: under subparagraphs (A), (B), or (C)][inserted: under subparagraph (A), (B), or (C)]Original wording
Page 4, lines 13 through 14, strike “under subparagraphs (A), (B), or (C)” and insert “under subparagraph (A), (B), or (C)”.
Change 2: Inserts “(other than a crime of violence against the property of another)” before the period
Inserted: (other than a crime of violence against the property of another)
Original wording
Page 4, line 23, insert “(other than a crime of violence against the property of another)” before the period.
Change 3: Replaces “drug trafficking crime,” with “drug trafficking crime (as defined in subsection (c)(2)),”
[struck: drug trafficking crime,][inserted: drug trafficking crime (as defined in subsection (c)(2)),]Original wording
Page 9, line 24, strike “drug trafficking crime,” and insert “drug trafficking crime (as defined in subsection (c)(2)),”.
Change 4: Replaces “this title” with “this title--”
[struck: this title][inserted: this title--]Original wording
Page 11, line 11, strike “this title” and insert “this title--”.
Change 5: Inserts “, as consideration for the receipt of, or as consideration for a promise or agreement to…” after “crime of violence”
…crime of violence[inserted: , as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or]…
Original wording
Page 12, line 10, insert “, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or” after “crime of violence”.
Change 6: Replaces “following: --” with “following:”
In H.R. 1279 · Reported in House
"(4) in any other case, be imprisoned for life or for any term of years not less than 10.".
(b) Venue.--Section 1959 of title 18, United States Code, is amended by adding at the end the following:
[struck: --]"(c) A prosecution for a violation of this section may be brought in--
Original wording
Page 13, line 8, strike “following: --” and insert “following:”.
Change 7: Replaces “423,” with “423”
In H.R. 1279 · Reported in House
"(2) the term 'drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.".
(b) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423
[struck: ,]the following:"Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.".
Original wording
Page 15, line 7, strike “423,” and insert “423”.
Change 8: Strikes “is assault resulting”
Struck: is assault resulting
Original wording
Page 16, line 1, strike “is assault resulting”.
Change 9: Replaces “force may be used against” with “injury may result to”
In H.R. 1279 · Reported in House
Section 16(b) of title 18, United States Code, is amended to read as follows:
"(b) any other offense that is an offense punishable by imprisonment for more than one year and that, by its nature, involves a substantial risk that physical
[struck: force][inserted: injury] may[struck: be used against ][inserted: result to ]the person or property of another, or is an offense punishable under subparagraphs (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act.".SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
Original wording
Page 19, line 8, strike “force may be used against” and insert “injury may result to”.
Change 10: Replaces “subparagraphs (A), (B), or (C)” with “subparagraph (A), (B), or (C)”
[struck: subparagraphs (A), (B), or (C)][inserted: subparagraph (A), (B), or (C)]Original wording
Page 19, line 10, strike “subparagraphs (A), (B), or (C)” and insert “subparagraph (A), (B), or (C)”.
Change 11: Inserts new text on page 20, line 17
InsertsPrinted pageInserted: (1) by striking "or" at the end of subparagraph (C);
Inserted: (2) by striking the period at the end of subparagraph (D) and inserting "; or"; and
Inserted: (3) by adding at the end the following:
Inserted: "(E) the possession of a handgun or ammunition by a juvenile, while in the presence of a parent or guardian of the juvenile, if such parent or guardian, as the case may be, is not prohibited by Federal, State, or local law from possessing a firearm. ".
Original wording
Page 20, after line 17, insert the following
Shown as written
Page 7, line 10 through the matter after line 2, page 9, strike section 102 and insert the following:
new subsection and redesignate the succeeding subsection accordingly: (b) Clarification of Ban on Possession of Handguns by Juveniles.--Section 922(x)(3) of title 18, United States Code, is amended--
Change made on the floor
Modification to amendment No. 1 offered by Mr. Sensenbrenner: Strike that portion of the amendment which proposes to insert material on page 20.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 4, lines 13 through 14, strike “under subparagraphs (A), (B), or (C)” and insert “under subparagraph (A), (B), or (C)”.
Page 4, line 23, insert “(other than a crime of violence against the property of another)” before the period.
Page 7, line 10 through the matter after line 2, page 9, strike section 102 and insert the following:
SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING.
Section 1952 of title 18, United States Code, is amended--
(1) in subsection (a), by striking “perform” and all that follows through the end of the subsection and inserting “perform an act described in paragraph (1), (2), or (3), or conspires to do so, shall be punished as provided in subsection (d).”; and
(2) by adding at the end following:
“(d) The punishment for an offense under subsection (a) is--
“(1) in the case of a violation of paragraph (1) or (3), a fine under this title and imprisonment for not less than 5 nor more than 20 years; and
“(2) in the case of a violation of paragraph (2), a fine under this title and imprisonment for not less than 10 nor more than 30 years, but if death results the offender shall be sentenced to death, or to imprisonment for any term of years or for life.”.
Page 9, line 24, strike “drug trafficking crime,” and insert “drug trafficking crime (as defined in subsection (c)(2)),”.
Page 11, line 11, strike “this title” and insert “this title--”.
Page 12, line 10, insert “, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or” after “crime of violence”.
Page 13, line 8, strike “following: --” and insert “following:”.
Page 15, line 7, strike “423,” and insert “423”.
Page 16, line 1, strike “is assault resulting”.
Page 19, line 8, strike “force may be used against” and insert “injury may result to”.
Page 19, line 10, strike “subparagraphs (A), (B), or (C)” and insert “subparagraph (A), (B), or (C)”.
Page 20, after line 17, insert the following new subsection and redesignate the succeeding subsection accordingly:
(b) Clarification of Ban on Possession of Handguns by Juveniles.--Section 922(x)(3) of title 18, United States Code, is amended--
(1) by striking “or” at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting “; or”; and
(3) by adding at the end the following:
“(E) the possession of a handgun or ammunition by a juvenile, while in the presence of a parent or guardian of the juvenile, if such parent or guardian, as the case may be, is not prohibited by Federal, State, or local law from possessing a firearm. ”.
Legislative Activity
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House amendment offered
May 11, 2005
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House amendment offered
May 11, 2005
House amendment agreed to: On agreeing to the Sensenbrenner amendment (A001) as modified Agreed to by voice vote.(text as modified: CR H3147)
May 11, 2005 • 3:15 PM
Amendment agreed to Committee of the Whole
May 11, 2005 • 3:15 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Sensenbrenner.(consideration: CR H3146-3147; text: CR H3146-3147)
May 11, 2005 • 3:09 PM
Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H3146-3147; text: CR H3146-3147)
May 11, 2005 • 3:09 PM
Sensenbrenner amendment (A001) modified by unanimous consent. Modification seeks to strike that portion of the amendment which proposes to insert material on page 20. (consideration: CR H3147)
May 11, 2005 • 3:09 PM
On agreeing to the Sensenbrenner amendment (A001) as modified Agreed to by voice vote. (text as modified: CR H3147)
May 11, 2005 • 3:15 PM