Summary: H.R.3981 — 103rd Congress (1993-1994)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (03/25/1994)

Amends the Federal criminal code to require that a person convicted in a Federal court of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted on two or more prior occasions in a Federal or State court of a serious violent felony or of one or more serious violent felonies and one or more serious drug offenses; and (2) each such offense, other than the first, was committed after the defendant's conviction of the preceding offense.

Lists nonqualifying felonies, including: (1) robbery, or an attempt, conspiracy, or solicitation to commit robbery, if the defendant establishes by clear and convincing evidence that no firearm or other dangerous weapon was involved in the offense and that the offense did not result in death or serious bodily injury to any person; and (2) arson, if the defendant establishes that the offense posed no threat to human life and that the defendant reasonably believed the offense posed no such threat.

Makes provisions of the Controlled Substances Act regarding information filed by the U.S. Attorney in proceedings to establish previous convictions applicable to the imposition of sentence under this Act.

Specifies that: (1) this Act shall not be construed to preclude imposition of the death penalty; (2) no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the foregoing provisions for any offense for which Federal jurisdiction is solely predicated on, and which occurs within the boundaries of, Indian country, unless the governing body of the tribe has elected that such provisions have effect over land and persons subject to the tribe's criminal jurisdiction; and (3) if the conviction for a serious violent felony which was a basis for such sentencing is found to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on that basis, the person shall be resentenced to any sentence that was available at the time of the original sentencing.

Limits the authority of the Bureau of Prisons to modify a term of imprisonment in extraordinary cases to situations where the defendant is at least 70 years of age and has served at least 30 years in prison pursuant to a sentence imposed under this Act for the offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.