119-s1949

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1949

 To improve certain criminal provisions.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 4, 2025

 Mr. Grassley (for himself, Mr. Boozman, Mr. Cramer, Mr. Cassidy, Mr. 
 Lankford, Mr. McConnell, Ms. Collins, Mrs. Capito, Mr. Crapo, Mr. 
 Tillis, and Mr. Risch) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Combating Violent and Dangerous 
Crime Act''.

SEC. 2. BANK ROBBERY AND RELATED CRIMES.

 

Section 2113 of title 18, United States Code, is amended--

    (1) in subsection

    (a) --
        (A) by striking ``, or attempts to take,'';
        (B) by striking ``or attempts to obtain''; and
            (C) by inserting before ``; or'' the following: ``, 
 or attempts to do so'';

    (2) by redesignating subsections

    (f) ,

    (g) , and

    (h) as 
 subsections

    (g) ,

    (h) , and
            (i) , respectively; and

    (3) by inserting after subsection

    (e) the following:
 ``

    (f) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.

SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) Officers and employees of the United States Government 
 dutifully and faithfully serve the United States, often placing 
 themselves at serious risk of death or bodily harm, in order to 
 preserve, protect, and defend the interests of the United 
 States.

    (2) In prohibiting the assaulting, resisting, or impeding 
 of officers and employees of the United States Government, 
 Congress intended to maximize protection for Federal officers 
 and employees and ensure that individuals who kill or assault 
 Federal officers or employees are prosecuted.

    (3) The United States Court of Appeals for the Sixth 
 Circuit analyzed 

section 111 of title 18, United States Code, 
 correctly when it found, ``Categorizing 

Sec. 111

    (a)

    (1) as a 
 general intent crime furthers the congressional objective: `If 
 a person acts in a manner which is assaultive toward a Federal 
 official, without specifically intending harm or the 
 apprehension of imminent harm, the official still would be 
 impeded in the performance of his official duties.''' United 
 States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting 
 United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa. 
 1994).

    (4) Federal courts, including the United States Courts of 
 Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth, 
 and Eleventh Circuits, have correctly interpreted 

section 111 
 of title 18, United States Code, to be a crime of general 
 intent rather than a crime of specific intent.

    (5) Other Federal courts, including the United States 
 Courts of Appeals for the First, Fifth, and Tenth Circuits, 
 have issued decisions with language arguably suggesting that 
 

section 111 of title 18, United States Code, is a crime of 
 specific intent rather than a crime of general intent, creating 
 the appearance of a split among the United States courts of 
 appeals.

    (6) In light of the appearance of a split among the United 
 States courts of appeals described in paragraph

    (5) , it has 
 become necessary for Congress to clarify its original intent 
 that 

section 111 of title 18, United States Code, is a crime of 
 general intent.

    (b) Amendment.--

Section 111 of title 18, United States Code, is 
amended by adding at the end the following:
 ``
            (d) Knowledge of Defendant.--In a prosecution for an offense 
under subsection

    (a) , the Government need not prove that the 
defendant--
 ``

    (1) knew that the victim of the offense was a person 
 designated in 

section 1114 or performed official duties during 
 service as a person so designated; or
 ``

    (2) acted with any intent greater than knowledge.''.

SEC. 4. MOTOR VEHICLES.

 

Section 2119 of title 18, United States Code, is amended--

    (1) in the matter preceding paragraph

    (1) --
        (A) by striking ``, with the intent to cause death 
 or serious bodily harm'';
        (B) by inserting a comma after ``force and 
 violence''; and
            (C) by inserting ``or conspires'' after 
 ``attempts'';

    (2) in paragraph

    (1) , by striking ``15 years'' and 
 inserting ``20 years'';

    (3) by redesignating paragraphs

    (2) and

    (3) as paragraphs

    (3) and

    (4) , respectively;

    (4) by inserting after paragraph

    (1) the following:
 ``

    (2) if a dangerous weapon or device is used in 
 committing, or in attempting to commit, the offense, be fined 
 under this title or imprisoned not more than 25 years, or 
 both,''; and

    (5) in paragraph

    (3) , as so redesignated, by striking ``25 
 years'' and inserting ``40 years''.

SEC. 5. PENALTIES FOR FIREARMS OFFENSES.

 

Section 924
            (c) (3)
        (B) of title 18, United States Code, is amended to 
read as follows:
 ``
        (B) is a conspiracy, or an attempt, to commit an offense 
 that has as an element the use, attempted use, or threatened 
 use of physical force against the person or property of 
 another.''.

SEC. 6. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES 
 MANUFACTURED OR DISTRIBUTED FOR MINORS.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by inserting after 

section 418 the following:

 ``manufacturing or distributing candy-flavored controlled substances 
 for minors

 ``

Sec. 418a.

    (a) Except as provided in subsection
            (c) and in 

section 418, 419, or 420, a person shall be subject to the penalty 
described in subsection

    (b) if the person violates 

section 401

    (a)

    (1) --
 ``

    (1) by manufacturing, creating, distributing, dispensing, 
 or possessing with intent to distribute a controlled substance 
 listed in schedule I or II that is--
 ``
        (A) combined with a candy or beverage product;
 ``
        (B) marketed or packaged to appear similar to a 
 candy or beverage product; or
 ``
            (C) modified by flavoring or coloring to appear 
 similar to a candy or beverage product; and
 ``

    (2) knowing, or having reasonable cause to believe, that 
 the controlled substance will be distributed, dispensed, or 
 sold to a person under 18 years of age.
 ``

    (b) The penalty described in this subsection is--
 ``

    (1) in the case of a first offense involving the same 
 controlled substance and schedule, an additional term of 
 imprisonment of not more than 10 years; and
 ``

    (2) in the case of a second or subsequent offense 
 involving the same controlled substance and schedule, an 
 additional term of imprisonment of not more than 20 years.
 ``
            (c) Subsection

    (a) shall not apply to any controlled substance 
that--
 ``

    (1) has been approved by the Secretary under 

section 505 
 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), if 
 the contents, marketing, and packaging of the controlled 
 substance have not been altered from the form approved by the 
 Secretary; or
 ``

    (2) has been altered at the direction of a practitioner 
 who is acting for a legitimate medical purpose in the usual 
 course of professional practice.''.

    (b) Technical and Conforming Amendment.--The table of contents for 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public 
Law 91-513; 84 Stat. 1236) is amended by inserting after the item 
relating to 

section 418 the following:

``

Sec. 418a. Manufacturing or distributing candy-flavored controlled 
 substances for minors.''.
            (c) Sentencing Guidelines.--Pursuant to its authority under 

section 994 of title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall amend and review 
the Federal sentencing guidelines and policy statements to ensure that 
the guidelines provide for a penalty enhancement of not less than 2 
offense levels for a violation of 

section 401

    (a)

    (1) of the Controlled 
Substances Act (21 U.S.C. 841

    (a)

    (1) ) if the defendant--

    (1) manufactures, creates, distributes, dispenses, or 
 possesses with intent to distribute a controlled substance 
 listed in schedule I or II that is--
        (A) combined with a candy or beverage product;
        (B) marketed or packaged to appear similar to a 
 candy or beverage product; or
            (C) modified by flavoring or coloring to appear 
 similar to a candy or beverage product; and

    (2) knows, or has reasonable cause to believe, that the 
 controlled substance will be distributed, dispensed, or sold to 
 a person under 18 years of age.

SEC. 7. KIDNAPPING.

 

Section 1201 of title 18, United States Code, is amended--

    (1) by striking subsection

    (a) and inserting the following:
 ``

    (a) Kidnapping.--
 ``

    (1) Offense.--Except as provided in paragraph

    (2) , it 
 shall be unlawful for any person, in any circumstance described 
 in paragraph

    (3) , to--
 ``
        (A) unlawfully--
 ``
            (i) seize, confine, kidnap, abduct, or 
 carry away an individual by--
 ``
            (I) force and violence; or
 ``
            (II) intimidation; or
 ``
            (ii) inveigle or decoy an individual; and
 ``
        (B) hold the individual described in subparagraph
        (A) for ransom, reward, or otherwise.
 ``

    (2) Exception.--Paragraph

    (1) shall not apply to an act 
 done against a minor by the parent thereof.
 ``

    (3) Circumstances.--A circumstance described in this 
 paragraph is that--
 ``
        (A) the individual is willfully transported in 
 interstate or foreign commerce, regardless of whether 
 the individual was alive when transported across a 
 State boundary, or the offender travels in interstate 
 or foreign commerce or uses the mail or any means, 
 facility, or instrumentality of interstate or foreign 
 commerce in committing or in furtherance of the 
 commission of the offense;
 ``
        (B) any such act against the individual is done 
 within the special maritime and territorial 
 jurisdiction of the United States;
 ``
            (C) any such act against the individual is done 
 within the special aircraft jurisdiction of the United 
 States, as defined in 

section 46501 of title 49;
 ``
            (D) the individual is a foreign official, an 
 internationally protected person, or an official guest, 
 as those terms are defined in 

section 1116

    (b) of this 
 title; or
 ``
        (E) the individual is among those officers and 
 employees described in 

section 1114 of this title and 
 any such act against the individual is done while the 
 individual is engaged in, or on account of, the 
 performance of official duties.
 ``

    (4) Penalty.--Any person who commits a violation under 
 this subsection shall be punished by imprisonment for any term 
 of years or for life and, if the death of any individual 
 results, shall be punished by death or life imprisonment.'';

    (2) in subsection

    (b) --
        (A) by striking ``subsection

    (a)

    (1) , above,'' and 
 inserting ``subsection

    (a)

    (3)
        (A) '';
        (B) by striking ``he'' and inserting ``the 
 victim'';
            (C) by striking ``such person'' and inserting 
 ``such individual''; and
            (D) by striking ``under this section'' and 
 inserting ``under this subsection''; and

    (3) in subsection

    (f) , by striking ``subsection

    (a)

    (4) '' 
 each place it appears and inserting ``subsection

    (a) with 
 respect to a circumstance described in paragraph

    (3)
            (D) of that 
 subsection''.
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