[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8537 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8537
To amend title 18, United States Code, to provide increased penalties
for mass killings involving machineguns or certain semiautomatic
weapons, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2022
Mr. Moulton (for himself and Ms. Escobar) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide increased penalties
for mass killings involving machineguns or certain semiautomatic
weapons, 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 ``Mass Shooter Prosecution Act of
2022''.
SEC. 2. MASS KILLINGS USING MACHINEGUNS OR COVERED SEMIAUTOMATIC
WEAPONS.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by inserting after section 2332i the following:
``Sec. 2332j. Mass killings using machineguns or covered semiautomatic
weapons
``(a) Whoever kills 3 or more people in a single incident using a
machinegun or a covered semiautomatic weapon in a circumstance
described in subsection (b), shall be imprisoned for any term of years
or for life.
``(b) A circumstance described in this subsection is any one of the
following:
``(1) The mail or any facility of interstate or foreign
commerce was used in furtherance of the offense.
``(2) The machinegun or covered semiautomatic weapon used
in the commission of the offense was transported in interstate
or foreign commerce.
``(3) The perpetrator traveled in or caused another to
travel in interstate or foreign commerce in furtherance of the
offense.
``(4) The offense occurred within the special maritime and
territorial jurisdiction of the United States.
``(5) The offense otherwise occurred in or affected
interstate or foreign commerce.''.
(b) Definition.--Section 2331 of chapter 113B is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) the term `covered semiautomatic weapon' means--
``(A) semiautomatic rifle that--
``(i) has a magazine that is not a fixed
magazine; and
``(ii) does have any one of--
``(I) a pistol grip;
``(II) a forward grip;
``(III) a folding, telescoping, or
detachable stock, or is otherwise
foldable or adjustable in a manner that
operates to reduce the length, size, or
any other dimension, or otherwise
enhances the concealability, of the
weapon;
``(IV) a grenade launcher;
``(V) a barrel shroud; or
``(VI) a threaded barrel;
``(B) a semiautomatic rifle that has a fixed
magazine with the capacity to accept more than 10
rounds, except for an attached tubular device designed
to accept, and capable of operating only with, .22
caliber rimfire ammunition;
``(C) any part, combination of parts, component,
device, attachment, or accessory that is designed or
functions to accelerate the rate of fire of a
semiautomatic firearm but not convert the semiautomatic
firearm into a machinegun;
``(D) a semiautomatic shotgun that--
``(i) has the capacity to utilize a
magazine that is not a fixed magazine; and
``(ii) does have any one of--
``(I) a folding, telescoping, or
detachable stock;
``(II) a pistol grip or bird's head
grip;
``(III) a fixed magazine with the
capacity to accept more than 5 rounds;
``(IV) the ability to accept a
detachable magazine;
``(V) a forward grip; or
``(VI) a grenade launcher;
``(E) any AK or AR type of weapon, including a
rifle, copy, duplicate, variant, or altered facsimile
with the capability of any such weapon; or
``(F) any weapon that is substantially similar to a
weapon described in subparagraphs (A) through (E)
determined by the Attorney General pursuant to a rule,
which shall be made on the record after opportunity for
a hearing pursuant to the rulemaking procedures
prescribed by subchapter II of chapter 5 of title 5;
and
``(8) the term `machinegun' has the meaning given such term
in section 5845(b) of the Internal Revenue Code of 1986.''.
(c) Providing Material Support.--Section 2339A(a) of title 18,
United States Code, is amended by inserting after ``2332f,'' the
following: ``2332j,''.
(d) Clerical Amendment.--The table of sections for chapter 113B of
title 18, United States Code, is amended by inserting after the item
related to section 2332i the following:
``2332j. Mass killings using machineguns or covered semiautomatic
weapons.''.
SEC. 3. REPORT ON CHARGES FILED FOR USE OF WEAPONS OF MASS DESTRUCTION
AND PROVIDING MATERIAL SUPPORT TO TERRORISTS.
On the date that is one year after the date of enactment of this
Act, and annually thereafter, the Attorney General shall submit to
Congress a report on each case in which the Department of Justice has
filed charges under section 2332j or 2339a of title 18, United States
Code, during the previous year, which shall include the following:
(1) For each case in which charges under section 2332j of
title 18, United States Code, were filed--
(A) the date of the alleged offense;
(B) the number of individuals who were injured;
(C) the number of fatalities;
(D) the age, gender, race, ethnicity, and
nationality of each individual charged under such
section; and
(E) the weapon used in the alleged offense.
(2) For each case in which charges under section 2339a of
title 18, United States Code, were filed--
(A) the type of support alleged to have been
provided;
(B) to whom such support was alleged to have been
provided; and
(C) the age, gender, race, ethnicity, and
nationality of each individual charged under such
section.
SEC. 4. INCLUSION OF DEMOGRAPHIC INFORMATION IN REPORTS CONCERNING
INTERCEPTED WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
Section 2519(2)(c) of title 18, United States Code, is amended by
inserting after ``order or extension,'' the following: ``, the age,
gender, race, ethnicity, and nationality of each individual
arrested,''.
<all>