Restoring the Armed Career Criminal Act

II 116TH CONGRESS 1ST SESSION S. 1547 To amend title 18, United States Code, relating to sentencing of armed career criminals. IN THE SENATE OF THE UNITED STATES MAY 20, 2019 Mr. COTTON (for himself, Mrs. BLACKBURN, Mr. GRAHAM, Mr. HAWLEY, and Mr. PERDUE) introduced the following bill; which was read twice and re- ferred 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 21:46 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1547.IS S1547 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1547 IS (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 three or more previous serious felony convictions 9 for 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 21:46 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1547.IS S1547 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1547 IS 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 not less 13 than 10 years, regardless of how many years of 14 that total term the defendant served in cus- 15 tody.’’. 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 three or more pre- 21 vious serious felony convictions (as defined in subsection 22 (e) of section 924 of title 18, United States Code, as 23 amended by this Act). 24 VerDate Sep 11 2014 21:46 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1547.IS S1547 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1547 IS (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 21:46 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1547.IS S1547 pamtmann on DSKBFK8HB2PROD with BILLS