Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies.
Specifies that this provision shall not be construed to prevent the imposition of the death penalty.
Requires the Secretary of Defense and the Attorney General to study all military installations selected before the enactment of this Act to be closed pursuant to a base closure law to: (1) evaluate the suitability of any of these military installations, or portions thereof, for conversion into Federal prison facilities; and (2) identify three of them that are most suitable for such conversion.
Directs the Secretary to transfer, without reimbursment, jurisdiction over the three installations to the Attorney General for conversion into Federal prison facilities designed to incarcerate persons convicted of a Federal violent felony. Authorizes the Attorney General to accept transfers, upon a space available basis, from overcrowded State prisons of persons previously convicted of a Federal violent felony or who are serving a sentence of more than 20 years.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3336 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3336
To amend title 18, United States Code, to provide mandatory life
imprisonment for persons convicted of a third violent felony and to
provide for the conversion of three military installations to be closed
under the base closure laws into Federal prison facilities capable of
incarcerating these persons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 1993
Mr. Livingston introduced the following bill; which was referred
jointly to the Committees on the Judiciary and Armed Services
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide mandatory life
imprisonment for persons convicted of a third violent felony and to
provide for the conversion of three military installations to be closed
under the base closure laws into Federal prison facilities capable of
incarcerating these persons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIFE IMPRISONMENT FOR EGREGIOUS RECIDIVISTS.
Section 3581 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Imprisonment of Certain Violent Felons.--
``(1) General rule.--Notwithstanding any other provision of
this title or any other law, in the case of a conviction for a
Federal violent felony, the court shall sentence the defendant
to prison for life if the defendant has previously been
convicted of two other violent felonies.
``(2) Definition.--As used in this section the term
``violent felony'' is a State or Federal crime of violence (as
defined in section 16 of this title)--
``(A) that involves the threatened use, use, or the
risk of use of physical force against the person of
another;
``(B) for which the maximum authorized imprisonment
exceeds one year; and
``(C) which is not designated a misdemeanor by the
law that defines the offense.
``(3) Rule of construction.--This subsection shall not be
construed to prevent the imposition of the death penalty.''.
SEC. 2. CONVERSION OF THREE CLOSED MILITARY INSTALLATIONS INTO FEDERAL
PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and the
Attorney General shall jointly conduct a study of all military
installations selected before the date of the enactment of this Act to
be closed pursuant to a base closure law for the purpose of evaluating
the suitability of any of these installations, or portions of these
installations, for conversion into Federal prison facilities. As part
of the study, the Secretary and the Attorney General shall identify the
three military installations so evaluated that are most suitable for
conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the suitability of a
military installation for conversion into a Federal prison facility,
the Secretary of Defense and the Attorney General shall consider the
estimated cost to convert the installation into a prison facility, the
proximity of the installation to overcrowded Federal and State prison
facilities, and such other factors as the Secretary and the Attorney
General consider to be appropriate.
(c) Transfer to Attorney General.--Notwithstanding any other
provision of law regarding disposal of military installations selected
to be closed pursuant to a base closure law, the Secretary of Defense
shall transfer, without reimbursement, jurisdiction over the three
installations identified under subsection (a) to the Attorney General
for conversion into Federal prison facilities. The Federal prison
facilities established using these installations shall be designed to
incarcerate persons convicted of a Federal violent felony. Upon a space
available basis, the Attorney General may accept transfers from
overcrowded State prisons if the persons to be transferred had
previously been convicted of a Federal violent felony or are serving a
sentence of more than 20 years.
(d) Time for Study.--The study required by subsection (a) shall be
completed not later than 180 days after the date of the enactment of
this Act.
(e) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note); or
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(2) The term ``violent felony'' has the meaning given that
term in section 3581(c)(2) of title 18, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Military Installations and Facilities.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Crime and Criminal Justice.
Unfavorable Executive Comment Received from DOD.
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