Restoring the Armed Career Criminal Act

I 117TH CONGRESS 1ST SESSION H. R. 3153 To amend title 18, United States Code, relating to sentencing of armed career criminals. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2021 Mr. KUSTOFF (for himself and Mr. GUEST) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, relating to sentencing of armed career criminals. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restoring the Armed 4 Career Criminal Act’’. 5 SEC. 2. AMENDMENTS TO THE ARMED CAREER CRIMINAL 6 ACT. 7 Section 924 of title 18, United States Code, is 8 amended— 9 VerDate Sep 11 2014 00:44 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3153.IH H3153 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3153 IH (1) in subsection (a)(2), by striking ‘‘(a)(6), 1 (d), (g), (h), (i), (j), or (o) of section 922’’ and in- 2 serting ‘‘(a)(6), (d), (h), (i), (j), or (o) of section 3 922, or, except as provided in subsection (e) of this 4 section, subsection (g) of section 922’’; and 5 (2) by striking subsection (e) and inserting the 6 following: 7 ‘‘(e)(1) Whoever knowingly violates section 922(g) 8 and has 3 or more previous serious felony convictions for 9 offenses committed on occasions different from one an- 10 other shall be fined under this title and imprisoned not 11 less than 15 years and not more than 30 years, and, not- 12 withstanding any other provision of law, the court shall 13 not suspend the sentence of, or grant a probationary sen- 14 tence to, such person with respect to the conviction under 15 section 922(g). 16 ‘‘(2) In this subsection— 17 ‘‘(A) the term ‘offense punishable by imprison- 18 ment for a statutory maximum term of not less than 19 10 years’ includes an offense (without regard to the 20 application of any sentencing guideline, statutory 21 criterion, or judgment that may provide for a short- 22 er period of imprisonment within the statutory sen- 23 tencing range) for which the statute provides for a 24 range in the period of imprisonment that may be im- 25 VerDate Sep 11 2014 00:44 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3153.IH H3153 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3153 IH posed at sentencing the maximum term of which is 1 not less than 10 years; and 2 ‘‘(B) the term ‘serious felony conviction’ 3 means— 4 ‘‘(i) any conviction by a court referred to 5 in section 922(g)(1) for an offense that, at the 6 time of sentencing, was an offense punishable 7 by imprisonment for a statutory maximum term 8 of not less than 10 years; or 9 ‘‘(ii) any group of convictions for which a 10 court referred to in section 922(g)(1) imposed 11 in the same proceeding or in consolidated pro- 12 ceedings a total term of imprisonment of not 13 less than 10 years, regardless of how many 14 years of that total term the defendant served in 15 custody.’’. 16 SEC. 3. APPLICABILITY. 17 (a) IN GENERAL.—The amendments made by this 18 Act shall apply to any offense committed after the date 19 of enactment of this Act by an individual who, on the date 20 on which the offense is committed, has 3 or more previous 21 serious felony convictions (as defined in subsection (e) of 22 section 924 of title 18, United States Code, as amended 23 by this Act). 24 VerDate Sep 11 2014 00:44 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3153.IH H3153 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3153 IH (b) RULE OF CONSTRUCTION.—This Act and the 1 amendments made by this Act shall not be construed to 2 create any right to challenge a sentence imposed under 3 subsection (e) of section 924 of title 18, United States 4 Code. 5 Æ VerDate Sep 11 2014 00:44 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3153.IH H3153 kjohnson on DSK79L0C42PROD with BILLS