Community Safety and Security Act of 2018
This bill amends the federal criminal code to revise the definition of "crime of violence."
Specifically, it lists particular offenses that qualify as crimes of violence.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6691 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6691
To amend title 18, United States Code, to clarify the definition of
``crime of violence'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 31, 2018
Mrs. Handel introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to clarify the definition of
``crime of violence'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Safety and Security Act of
2018''.
SEC. 2. CRIME OF VIOLENCE.
Section 16 of title 18, United States Code, is amended to read as
follows:
``SEC. 16. CRIME OF VIOLENCE DEFINED.
``(a) The term `crime of violence' means an offense--
``(1)(A) that--
``(i) is murder, voluntary manslaughter, assault,
sexual abuse or aggravated sexual abuse, abusive sexual
contact, child abuse, kidnapping, robbery, carjacking,
firearms use, burglary, arson, extortion, communication
of threats, coercion, fleeing, interference with flight
crew members and attendants, domestic violence, hostage
taking, stalking, human trafficking, piracy, or a
terrorism offense as described in chapter 113B (other
than in section 2332d); or
``(ii) involves the unlawful possession or use of a
weapon of mass destruction; or
``(B) that involves use or unlawful possession of
explosives or destructive devices described in 5845(f)
of the Internal Revenue Code of 1986;
``(2) that has as an element the use, attempted use, or
threatened use of physical force against the person or property
of another; or
``(3) that is an attempt to commit, conspiracy to commit,
solicitation to commit, or aiding and abetting any of the
offenses set forth in paragraphs (1) and (2).
``(b) In this section:
``(1) The term `abusive sexual contact' means conduct
described in section 2244(a)(1) and (a)(2).
``(2) The terms `aggravated sexual abuse' and `sexual
abuse' mean conduct described in sections 2241 and 2242. For
purposes of such conduct, the term `sexual act' means conduct
described in section 2246(2), or the knowing and lewd exposure
of genitalia or masturbation, to any person, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person.
``(3) The term `assault' means conduct described in section
113(a), and includes conduct committed recklessly, knowingly,
or intentionally.
``(4) The term `arson' means conduct described in section
844(i) or unlawfully or willfully damaging or destroying any
building, inhabited structure, vehicle, vessel, or real
property by means of fire or explosive.
``(5) The term `burglary' means an unlawful or unprivileged
entry into, or remaining in, a building or structure, including
any nonpermanent or mobile structure that is adapted or used
for overnight accommodation or for the ordinary carrying on of
business, and, either before or after entering, the person--
``(A) forms the intent to commit a crime; or
``(B) commits or attempts to commit a crime.
``(6) The term `carjacking' means conduct described in
section 2119, or the unlawful taking of a motor vehicle from
the immediate actual possession of a person against his will,
by means of actual or threatened force, or violence or
intimidation, or by sudden or stealthy seizure or snatching, or
fear of injury.
``(7) The term `child abuse' means the unlawful infliction
of physical injury or the commission of any sexual act against
a child under fourteen by any person eighteen years of age or
older.
``(8) The term `communication of threats' means conduct
described in section 844(e), or the transmission of any
communications containing any threat of use of violence to--
``(A) demand or request for a ransom or reward for
the release of any kidnapped person; or
``(B) threaten to kidnap or injure the person of
another.
``(9) The term `coercion' means causing the performance or
non-performance of any act by another person under which such
other person has a legal right to do or to abstain from doing,
through fraud or by the use of actual or threatened force,
violence, or fear thereof, including the use, or an express or
implicit threat of use, of violence to cause harm, or threats
to cause injury to the person, reputation or property of any
person.
``(10) The term `domestic violence' means any assault
committed by a current or former spouse, parent, or guardian of
the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of
the victim.
``(11) The term `extortion' means conduct described in
section 1951(b)(2)), but not extortion under color of official
right or fear of economic loss.
``(12) The term `firearms use' means conduct described in
section 924(c) or 929(a), if the firearm was brandished,
discharged, or otherwise possessed, carried, or used as a
weapon and the crime of violence or drug trafficking crime
during and in relation to which the firearm was possessed,
carried, or used was subject to prosecution in any court of the
United States, State court, military court or tribunal, or
tribal court. Such term also includes unlawfully possessing a
firearm described in section 5845(a) of the Internal Revenue
Code of 1986 (such as a sawed-off shotgun or sawed-off rifle,
silencer, bomb, or machine gun), possession of a firearm in
violation of sections 922(g)(1), 922(g)(2) and 922(g)(4),
possession of a firearm with the intent to use such firearm
unlawfully, or reckless discharge of a firearm at a dwelling.
``(13) The term `fleeing' means knowingly operating a motor
vehicle and, following a law enforcement officer's signal to
bring the motor vehicle to a stop--
``(A) failing or refusing to comply; or
``(B) fleeing or attempting to elude a law
enforcement officer.
``(14) The term `force' means the level of force capable of
causing physical pain or injury or needed or intended to
overcome resistance.
``(15) The term `hostage taking' means conduct described in
section 1203.
``(16) The term `human trafficking' means conduct described
in sections 1589, 1590, and 1591.
``(17) The term `interference with flight crew members and
attendants' means conduct described in section 46504 of title
49, United States Code.
``(18) The term `kidnapping' means conduct described in
section 1201(a)(1) or seizing, confining, inveigling, decoying,
abducting, or carrying away and holding for ransom or reward or
otherwise any person.
``(19) The term `murder' means conduct described as murder
in the first degree or murder in the second degree described in
section 1111.
``(20) The term `robbery' means conduct described in
section 1951(b)(1), or the unlawful taking or obtaining of
personal property from the person or in the presence of
another, against his will, by means of actual or threatened
force, or violence or intimidation, or by sudden or stealthy
seizure or snatching, or fear of injury, immediate or future,
to his person or property, or property in his custody or
possession, or the person or property of a relative or member
of his family or of anyone in his company at the time of the
taking or obtaining.
``(21) The term `stalking' means conduct described in
section 2261A.
``(22) The term `weapon of mass destruction' has the
meaning given such term in section 2332a(c).
``(23) The term `voluntary manslaughter' means conduct
described in section 1112(a).
``(c) For purposes of this section, in the case of any reference in
subsection (b) to an offense under this title, such reference shall
include conduct that constitutes an offense under State or tribal law
or under the Uniform Code of Military Justice, if such conduct would be
an offense under this title if a circumstance giving rise to Federal
jurisdiction had existed.
``(d) For purposes of this section, the term `conspiracy' includes
any offense that is a conspiracy to commit another offense under State
or Federal law, irrespective of whether proof of an overt act is
required to establish commission of the conspiracy offense.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Rules Committee Resolution H. Res. 1051 Reported to House. Rule provides for consideration of H.R. 6691 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. Section 2 provides that at any time on the legislative day of September 13, 2018, it shall be in order for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV.
Rule H. Res. 1051 passed House.
Considered under the provisions of rule H. Res. 1051. (consideration: CR H7925-7937)
Rule provides for consideration of H.R. 6691 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. Section 2 provides that at any time on the legislative day of September 13, 2018, it shall be in order for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV.
DEBATE - The House proceeded with one hour of debate on H.R. 6691.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
The previous question was ordered pursuant to the rule.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 152, 2 Present (Roll no. 393).(text: CR H7925-7926)
Roll Call #393 (House)On passage Passed by the Yeas and Nays: 247 - 152, 2 Present (Roll no. 393). (text: CR H7925-7926)
Roll Call #393 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.