To impose mandatory sentences for violent felonies committed against individuals of age sixty-five or over, and for other purposes.

Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or over.

Prohibits suspended, probationary, and concurrent sentences. Prohibits parole and any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence.

 
B37 1-23-87 [Updated]
HR 696 IH
101st CONGRESS
1st Session
H. R. 381
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 3, 1989
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'.