An amendment numbered 5 printed in House Report 110-167 to give judges the discretion to increase the sentence for public official convicted of bribery, fraud, extortion or theft of public funds greater than $10,000. If a public official was convicted of one of the enumerated crimes, a sentencing (up to two years) for those public officials.
What it does: Adds Sec. 3587. Increased imprisonment for certain offenses by public officials after title IV
Rep. Dennis A. Cardoza (D-CA)Description
Amendment gives judges the discretion to increase the sentence for public officials convicted of bribery, fraud, extortion or theft of public funds greater than $10,000.
What it changes
1 change to H.R. 2316
We couldn't match these changes to the text of H.R. 2316, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Adds Sec. 3587. Increased imprisonment for certain offenses by public officials after title IV
Adds a sectionInserted: Sec. 3587. Increased imprisonment for certain offenses by public officials.
Inserted: (a) General Rule.--In any Federal criminal case in which a public official is convicted of an offense against the United States--
Inserted: (1) consisting of conduct during the course of official duty, intended to enrich that official; and
Inserted: (2) involving bribery, fraud, extortion, or theft of public funds greater than $10,000; the sentencing judge may increase the sentence of imprisonment by an amount of up to 2 years. The sentencing judge may double the sentence of imprisonment that would otherwise be imposed in that case: Provided, however that in no instance may the sentencing judge be allowed to increase the sentence by more than 2 years.
Inserted: (b) Definition.--In this section, the term 'public official' means--
Inserted: (1) an elected official of the United States or of a State or local government;
Inserted: (2) a presidentially-appointed official; and
Inserted: (3) an official appointed to a State or local governmental office by an elected official of a State or local government.
Inserted: (b) Clerical Amendment.--The table of sections at the beginning of subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item:
Inserted: "3587. Increased imprisonment for certain offenses by public officials.".
Original wording
Insert after title IV the following
Shown as written
new title and redesingate the succeeding title accordingly: TITLE V--ADDITIONAL CRIMINAL PENALTIES FOR PUBLIC OFFICIALS SEC. 501. CRIMINAL PENALTIES FOR PUBLIC OFFICIALS. (a) In General.--Subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Insert after title IV the following new title and redesingate the succeeding title accordingly:
TITLE V--ADDITIONAL CRIMINAL PENALTIES FOR PUBLIC OFFICIALS
SEC. 501. CRIMINAL PENALTIES FOR PUBLIC OFFICIALS.
(a) In General.--Subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following:
“Sec. 3587. Increased imprisonment for certain offenses by
public officials.
“(a) General Rule.--In any Federal criminal case in which a public official is convicted of an offense against the United States--
“(1) consisting of conduct during the course of official duty, intended to enrich that official; and
“(2) involving bribery, fraud, extortion, or theft of public funds greater than $10,000; the sentencing judge may increase the sentence of imprisonment by an amount of up to 2 years. The sentencing judge may double the sentence of imprisonment that would otherwise be imposed in that case: Provided, however that in no instance may the sentencing judge be allowed to increase the sentence by more than 2 years.
“(b) Definition.--In this section, the term ‘public official' means--
“(1) an elected official of the United States or of a State or local government;
“(2) a presidentially-appointed official; and
“(3) an official appointed to a State or local governmental office by an elected official of a State or local government.”.
(b) Clerical Amendment.--The table of sections at the beginning of subchapter D of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item:
“3587. Increased imprisonment for certain offenses by public officials.”.
Legislative Activity
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House amendment offered
May 24, 2007
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House amendment offered
May 24, 2007
House amendment agreed to: On agreeing to the Cardoza amendment (A005) Agreed to by voice vote.
May 24, 2007 • 3:52 PM
Amendment agreed to Committee of the Whole
May 24, 2007 • 3:52 PM
House amendment offered/reported by : Amendment (A005) offered by Mr. Cardoza.(consideration: CR 5/25/2007 H5771; text: CR 5/25/2007 H5771)
May 24, 2007 • 3:48 PM
Amendment (A005) offered by Mr. Cardoza. (consideration: CR 5/25/2007 H5771; text: CR 5/25/2007 H5771)
May 24, 2007 • 3:48 PM
On agreeing to the Cardoza amendment (A005) Agreed to by voice vote.
May 24, 2007 • 3:52 PM