Combating Violent and Dangerous Crime Act

II 118TH CONGRESS 1ST SESSION S. 1223 To improve certain criminal provisions. IN THE SENATE OF THE UNITED STATES APRIL 20, 2023 Mr. GRASSLEY (for himself, Mr. HAWLEY, Mr. COTTON, Mr. KENNEDY, Mr. TILLIS, Mrs. CAPITO, Mr. CASSIDY, Ms. COLLINS, Mr. CRAMER, Mr. CRAPO, Mrs. FISCHER, Mr. LANKFORD, Mr. MCCONNELL, Mr. RISCH, Mr. RUBIO, Mr. SCOTT of South Carolina, Mr. THUNE, Mr. BOOZMAN, and Mrs. BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve certain criminal provisions. 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 ‘‘Combating Violent and 4 Dangerous Crime Act’’. 5 SEC. 2. BANK ROBBERY AND RELATED CRIMES. 6 Section 2113 of title 18, United States Code, is 7 amended— 8 (1) in subsection (a)— 9 (A) by striking ‘‘, or attempts to take,’’; 10 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1223 IS (B) by striking ‘‘or attempts to obtain’’; 1 and 2 (C) by inserting before ‘‘; or’’ the fol- 3 lowing: ‘‘, or attempts to do so’’; 4 (2) by redesignating subsections (f), (g), and 5 (h) as subsections (g), (h), and (i), respectively; and 6 (3) by inserting after subsection (e) the fol- 7 lowing: 8 ‘‘(f) Whoever conspires to commit any offense under 9 this section shall be subject to the same penalties as those 10 prescribed for the offense the commission of which was 11 the object of the conspiracy.’’. 12 SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF 13 THE UNITED STATES. 14 (a) FINDINGS.— Congress finds the following: 15 (1) Officers and employees of the United States 16 Government dutifully and faithfully serve the United 17 States, often placing themselves at serious risk of 18 death or bodily harm, in order to preserve, protect, 19 and defend the interests of the United States. 20 (2) In prohibiting the assaulting, resisting, or 21 impeding of officers and employees of the United 22 States Government, Congress intended to maximize 23 protection for Federal officers and employees and 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1223 IS ensure that individuals who kill or assault Federal 1 officers or employees are prosecuted. 2 (3) The United States Court of Appeals for the 3 Sixth Circuit analyzed section 111 of title 18, 4 United States Code, correctly when it found, ‘‘Cat- 5 egorizing § 111(a)(1) as a general intent crime fur- 6 thers the congressional objective: ‘If a person acts in 7 a manner which is assaultive toward a federal offi- 8 cial, without specifically intending harm or the ap- 9 prehension of imminent harm, the official still would 10 be impeded in the performance of his official du- 11 ties.’ ’’ United States v. Kimes, 246 F.3d 800, 809 12 (6th Cir. 2001), quoting United States v. Jennings, 13 855 F. Supp. 1427, 1440 (M.D. Pa. 1994). 14 (4) Federal courts, including the United States 15 Courts of Appeals for the Second, Fourth, Sixth, 16 Seventh, Eighth, Ninth, and Eleventh Circuits, have 17 correctly interpreted section 111 of title 18, United 18 States Code, to be a crime of general intent rather 19 than a crime of specific intent. 20 (5) Other Federal courts, including the United 21 States Courts of Appeals for the First, Fifth, and 22 Tenth Circuits, have issued decisions with language 23 arguably suggesting that section 111 of title 18, 24 United States Code, is a crime of specific intent 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1223 IS rather than a crime of general intent, creating the 1 appearance of a split among the United States 2 courts of appeals. 3 (6) In light of the appearance of a split among 4 the United States courts of appeals described in 5 paragraph (5), it has become necessary for Congress 6 to clarify its original intent that section 111 of title 7 18, United States Code, is a crime of general intent. 8 (b) AMENDMENT.—Section 111 of title 18, United 9 States Code, is amended by adding at the end the fol- 10 lowing: 11 ‘‘(d) KNOWLEDGE OF DEFENDANT.—In a prosecu- 12 tion for an offense under subsection (a), the Government 13 need not prove that the defendant— 14 ‘‘(1) knew that the victim of the offense was a 15 person designated in section 1114 or performed offi- 16 cial duties during service as a person so designated; 17 or 18 ‘‘(2) acted with any intent greater than knowl- 19 edge.’’. 20 SEC. 4. MOTOR VEHICLES. 21 Section 2119 of title 18, United States Code, is 22 amended— 23 (1) in the matter preceding paragraph (1)— 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1223 IS (A) by striking ‘‘, with the intent to cause 1 death or serious bodily harm’’; 2 (B) by inserting a comma after ‘‘force and 3 violence’’; and 4 (C) by inserting ‘‘or conspires’’ after ‘‘at- 5 tempts’’; 6 (2) in paragraph (1), by striking ‘‘15 years’’ 7 and inserting ‘‘20 years’’; 8 (3) by redesignating paragraphs (2) and (3) as 9 paragraphs (3) and (4), respectively; 10 (4) by inserting after paragraph (1) the fol- 11 lowing: 12 ‘‘(2) if a dangerous weapon or device is used in 13 committing, or in attempting to commit, the offense, 14 be fined under this title or imprisoned not more 15 than 25 years, or both,’’; and 16 (5) in paragraph (3), as so redesignated, by 17 striking ‘‘25 years’’ and inserting ‘‘40 years’’. 18 SEC. 5. PENALTIES FOR FIREARMS OFFENSES. 19 Section 924(c)(3)(B) of title 18, United States Code, 20 is amended to read as follows: 21 ‘‘(B) is a conspiracy, or an attempt, to commit 22 an offense that has as an element the use, attempted 23 use, or threatened use of physical force against the 24 person or property of another.’’. 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1223 IS SEC. 6. OFFENSES INVOLVING CANDY-FLAVORED CON- 1 TROLLED SUBSTANCES MANUFACTURED OR 2 DISTRIBUTED FOR MINORS. 3 (a) IN GENERAL.—Part D of the Controlled Sub- 4 stances Act (21 U.S.C. 841 et seq.) is amended by insert- 5 ing after section 418 the following: 6 ‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED 7 CONTROLLED SUBSTANCES FOR MINORS 8 ‘‘SEC. 418a. (a) Except as provided in subsection (c) 9 and in section 418, 419, or 420, a person shall be subject 10 to the penalty described in subsection (b) if the person 11 violates section 401(a)(1)— 12 ‘‘(1) by manufacturing, creating, distributing, 13 dispensing, or possessing with intent to distribute a 14 controlled substance listed in schedule I or II that 15 is— 16 ‘‘(A) combined with a candy or beverage 17 product; 18 ‘‘(B) marketed or packaged to appear simi- 19 lar to a candy or beverage product; or 20 ‘‘(C) modified by flavoring or coloring to 21 appear similar to a candy or beverage product; 22 and 23 ‘‘(2) knowing, or having reasonable cause to be- 24 lieve, that the controlled substance will be distrib- 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1223 IS uted, dispensed, or sold to a person under 18 years 1 of age. 2 ‘‘(b) The penalty described in this subsection is— 3 ‘‘(1) in the case of a first offense involving the 4 same controlled substance and schedule, an addi- 5 tional term of imprisonment of not more than 10 6 years; and 7 ‘‘(2) in the case of a second or subsequent of- 8 fense involving the same controlled substance and 9 schedule, an additional term of imprisonment of not 10 more than 20 years. 11 ‘‘(c) Subsection (a) shall not apply to any controlled 12 substance that— 13 ‘‘(1) has been approved by the Secretary under 14 section 505 of the Federal Food, Drug, and Cos- 15 metic Act (21 U.S.C. 355), if the contents, mar- 16 keting, and packaging of the controlled substance 17 have not been altered from the form approved by the 18 Secretary; or 19 ‘‘(2) has been altered at the direction of a prac- 20 titioner who is acting for a legitimate medical pur- 21 pose in the usual course of professional practice.’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 23 The table of contents for the Comprehensive Drug Abuse 24 Prevention and Control Act of 1970 (Public Law 91–513; 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1223 IS 84 Stat. 1236) is amended by inserting after the item re- 1 lating to section 418 the following: 2 ‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances for minors.’’. (c) SENTENCING GUIDELINES.—Pursuant to its au- 3 thority under section 994 of title 28, United States Code, 4 and in accordance with this section, the United States 5 Sentencing Commission shall amend and review the Fed- 6 eral sentencing guidelines and policy statements to ensure 7 that the guidelines provide for a penalty enhancement of 8 not less than 2 offense levels for a violation of section 9 401(a)(1) of the Controlled Substances Act (21 U.S.C. 10 841(a)(1)) if the defendant— 11 (1) manufactures, creates, distributes, dis- 12 penses, or possesses with intent to distribute a con- 13 trolled substance listed in schedule I or II that is— 14 (A) combined with a candy or beverage 15 product; 16 (B) marketed or packaged to appear simi- 17 lar to a candy or beverage product; or 18 (C) modified by flavoring or coloring to ap- 19 pear similar to a candy or beverage product; 20 and 21 (2) knows, or has reasonable cause to believe, 22 that the controlled substance will be distributed, dis- 23 pensed, or sold to a person under 18 years of age. 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1223 IS SEC. 7. KIDNAPPING. 1 Section 1201 of title 18, United States Code, is 2 amended— 3 (1) by striking subsection (a) and inserting the 4 following: 5 ‘‘(a) KIDNAPPING.— 6 ‘‘(1) OFFENSE.—Except as provided in para- 7 graph (2), it shall be unlawful for any person, in any 8 circumstance described in paragraph (3), to— 9 ‘‘(A) unlawfully— 10 ‘‘(i) seize, confine, kidnap, abduct, or 11 carry away an individual by— 12 ‘‘(I) force and violence; or 13 ‘‘(II) intimidation; or 14 ‘‘(ii) inveigle or decoy an individual; 15 and 16 ‘‘(B) hold the individual described in sub- 17 paragraph (A) for ransom, reward, or other- 18 wise. 19 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 20 apply to an act done against a minor by the parent 21 thereof. 22 ‘‘(3) CIRCUMSTANCES.—A circumstance de- 23 scribed in this paragraph is that— 24 ‘‘(A) the individual is willfully transported 25 in interstate or foreign commerce, regardless of 26 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1223 IS whether the individual was alive when trans- 1 ported across a State boundary, or the offender 2 travels in interstate or foreign commerce or 3 uses the mail or any means, facility, or instru- 4 mentality of interstate or foreign commerce in 5 committing or in furtherance of the commission 6 of the offense; 7 ‘‘(B) any such act against the individual is 8 done within the special maritime and territorial 9 jurisdiction of the United States; 10 ‘‘(C) any such act against the individual is 11 done within the special aircraft jurisdiction of 12 the United States as defined in section 46501 13 of title 49; 14 ‘‘(D) the individual is a foreign official, an 15 internationally protected person, or an official 16 guest as those terms are defined in section 17 1116(b) of this title; or 18 ‘‘(E) the individual is among those officers 19 and employees described in section 1114 of this 20 title and any such act against the individual is 21 done while the individual is engaged in, or on 22 account of, the performance of official duties. 23 ‘‘(4) PENALTY.—Any person who commits a 24 violation under this subsection shall be punished by 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1223 IS imprisonment for any term of years or for life and, 1 if the death of any individual results, shall be pun- 2 ished by death or life imprisonment.’’; 3 (2) in subsection (b)— 4 (A) by striking ‘‘subsection (a)(1), above,’’ 5 and inserting ‘‘subsection (a)(3)(A)’’; 6 (B) by striking ‘‘he’’ and inserting ‘‘the 7 victim’’; and 8 (C) by striking ‘‘under this section’’ and 9 inserting ‘‘under this subsection’’; and 10 (3) in subsection (f), by striking ‘‘subsection 11 (a)(4)’’ each place it appears and inserting ‘‘sub- 12 section (a) with respect to a circumstance described 13 in paragraph (3)(D) of that subsection’’. 14 Æ VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1223.IS S1223 kjohnson on DSK79L0C42PROD with BILLS