[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6953 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 6953
To provide for an enhanced penalty for an act of violent insurrection.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2026
Mrs. Torres of California (for herself, Ms. Kelly of Illinois, Mrs.
Fletcher, and Ms. Friedman) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for an enhanced penalty for an act of violent insurrection.
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 ``Violent Insurrection Recidivist
Enhancement Act of 2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is a compelling governmental interest in
protecting democratic institutions, governmental functions, and
public safety.
(2) Attacks have occurred against the constitutional order
that undermine democratic institutions, seek to stop
governmental functions, and endanger public safety.
(3) One such violent attack, the January 6, 2021 attack on
the United States Capitol, constituted an unprecedented assault
on democratic institutions.
(4) Recidivist enhancements for those guilty of actual or
attempted insurrection, and associated conduct, are necessary
to reflect the seriousness of the offense, deter future attacks
on constitutional governance, and incapacitate the defendants
from committing future such acts.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Violent insurrection.--The term ``Violent
Insurrection'' means any person who--
(A) unlawfully entered the United States Capitol,
White House, or Supreme Court building or grounds in
violation of sections 1361 and 1752 of title 18, United
States Code, or section 5104 of title 40, United States
Code, the symbols of our highest government
institutions--
(i) engaged in violence or threatened
violence against any person on these grounds in
response to actual or perceived election
results or activities and in violation of
sections 111 and 372 of title 18, United States
Code, or section 5104 of title 40, United
States Code;
(ii) obstructed, influenced, or impeded any
official proceeding related to the
certification of electoral votes or related to
an election in violation of section 1512(c) and
(k) of title 18, United States Code, or section
5104 of title 40, United States Code; or
(iii) damaged or destroyed property on the
United States Capitol, White House, or Supreme
Court building or grounds in violation of
section 1361 of title 18, United States Code,
or section 5104 of title 40, United States
Code, and in response to actual or perceived
election results or activities;
(B) attempted to commit any of the foregoing acts;
or
(C) conspired to commit any of the foregoing acts.
(2) Act of prior violent insurrection.--The term ``Act of
Prior Violent Insurrection'' means a prior conviction for
conduct constituting a violent insurrection as defined in
subsection (a) without regard to--
(A) whether the conviction was subsequently
pardoned; or
(B) whether the conviction was set aside.
SEC. 4. RECIDIVIST ENHANCEMENT REQUIREMENT.
(a) Enhanced Penalty Requirement.--A defendant may receive an
enhanced sentence under this Act if--
(1) the defendant is convicted of an act of violent
insurrection as defined in section 3;
(2) the defendant has engaged in prior act of violent
insurrection as defined in section 3; and
(3) the instant Federal crime was committed after the
effective date of this Act.
(b) Recidivist Enhancement Terms.--
(1) General enhancement.--Except as provided in paragraphs
(2) and (3), the person may receive an additional term of
imprisonment of no more than 4 years.
(2) Serious felony enhancement.--If the underlying Federal
crime is punishable by imprisonment of 10 years or more, the
person may receive an additional term of imprisonment of 5
years.
(3) Violence against government enhancement.--If the
underlying Federal crime involves--
(A) violence or threatened violence against any
Federal official or employee in violation of sections
111 and 372 of title 18, United States Code, or section
5104 of title 40, United States Code;
(B) damage to Federal property in violation of
section 1361 of title 18, United States Code, or
section 5104 of title 40, United States Code;
(C) obstruction of any official Federal proceeding
in violation of section 1512(c) and (k) of title 18,
United States Code, or section 5104 of title 40, United
States Code; or
(D) any crime occurring on Federal property in
violation of section 1361 of title 18, United States
Code, or section 5104 of title 40, United States Code;
the person may receive an additional term of imprisonment of 10
years.
(c) Life Enhancement.--Any person convicted of a Federal crime
enumerated in this subsection who has engaged in a pattern of anti-
democratic conduct may be sentenced to life imprisonment with a minimum
term of 15 years if convicted of--
(1) treason (18 U.S.C. 2381);
(2) seditious conspiracy (18 U.S.C. 2384);
(3) advocating overthrow of government (18 U.S.C. 2385);
(4) murder of a Federal official (18 U.S.C. 1114);
(5) rebellion or insurrection (18 U.S.C. 2383); or
(6) assassination or assault upon the President or
successors (18 U.S.C. 1751).
SEC. 5. LIMITATIONS AND SAFEGUARDS.
(a) Constitutional Rights.--Nothing in this Act shall be construed
to deny or limit the constitutional rights of any individual.
(b) Appeal Rights.--Any person sentenced under this Act shall have
the right to appeal both the underlying conviction and the enhanced
penalty.
SEC. 6. TREATMENT OF PARDONED OR SET-ASIDE CONVICTIONS.
For purposes of section 4, a Presidential pardon for conduct
constituting a pattern of anti-democratic conduct under this Act that
is not based on the innocence of the individual or a reversible legal
error that fundamentally changed the outcome of justice shall not
preclude the application of enhanced recidivist penalties under this
Act for future Federal crimes.
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