,i #aaith ,,congress #b;d ,session ,h4 ,r4 #fiec ,,in ,,the ,,house ,,of ,,representatives ,january #f1 #bjbf,mrs4 ,torres of ,california 7for herself1 ,ms4 ,kelly of ,illinois1 ,mrs4 ,fletcher1 and ,ms4 ,friedman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for an enhanced penalty for an act of violent insurrection4 #a4 ,short title ,this ,act may be cited as the ,violent ,insurrection ,recidivist ,enhancement ,act of #bjbf4 #b4 ,findings ,congress finds the following3 7#a7 ,there is a compelling governmental interest in protecting democratic institutions1 governmental functions1 and public safety4 7#b7 ,attacks have occurred against the constitutional order that undermine democratic institutions1 seek to stop governmental functions1 and endanger public safety4 7#c7 ,one such violent attack1 the ,january #f1 #bjba attack on the ,united ,states ,capitol1 constituted an unprecedented assault on democratic institutions4 7#d7 ,recidivist enhancements for those guilty of actual or attempted insurrection1 and associated conduct1 are necessary to reflect the seriousness of the offense1 deter future attacks on constitutional governance1 and incapacitate the defendants from committing future such acts4 #c4 ,definitions ,for purposes of this ,act3 7#a7 ,violent insurrection ,the term ,violent ,insurrection means any person who-- 7,a7 unlawfully entered the ,united ,states ,capitol1 ,white ,house1 or ,supreme ,court building or grounds in violation of sections #acfa and #ageb of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code1 the symbols of our highest government institutions-- 7i7 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 #aaa and #cgb of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 7ii7 obstructed1 influenced1 or impeded any official proceeding related to the certification of electoral votes or related to an election in violation of section #aeab7;c7 and 7k7 of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 or 7iii7 damaged or destroyed property on the ,united ,states ,capitol1 ,white ,house1 or ,supreme ,court building or grounds in violation of section #acfa of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code1 and in response to actual or perceived election results or activities2 7,b7 attempted to commit any of the foregoing acts2 or 7,c7 conspired to commit any of the foregoing acts4 7#b7 ,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 7a7 without regard to-- 7,a7 whether the conviction was subsequently pardoned2 or 7,b7 whether the conviction was set aside4 #d4 ,recidivist enhancement requirement 7a7 ,enhanced penalty requirement ,a defendant may receive an enhanced sentence under this ,act if-- 7#a7 the defendant is convicted of an act of violent insurrection as defined in section #c2 7#b7 the defendant has engaged in prior act of violent insurrection as defined in section #c2 and 7#c7 the instant ,federal crime was committed after the effective date of this ,act4 7b7 ,recidivist enhancement terms 7#a7 ,general enhancement ,except as provided in paragraphs 7#b7 and 7#c71 the person may receive an additional term of imprisonment of no more than #d years4 7#b7 ,serious felony enhancement ,if the underlying ,federal crime is punishable by imprisonment of #aj years or more1 the person may receive an additional term of imprisonment of #e years4 7#c7 ,violence against government enhancement ,if the underlying ,federal crime involves-- 7,a7 violence or threatened violence against any ,federal official or employee in violation of sections #aaa and #cgb of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 7,b7 damage to ,federal property in violation of section #acfa of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 7,c7 obstruction of any official ,federal proceeding in violation of section #aeab7;c7 and 7k7 of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 or 7,d7 any crime occurring on ,federal property in violation of section #acfa of title #ah1 ,united ,states ,code1 or section #eajd of title #dj1 ,united ,states ,code2 the person may receive an additional term of imprisonment of #aj years4 7c7 ,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 #ae years if convicted of-- 7#a7 treason 7#ah ,u4,s4,c4 #bcha72 7#b7 seditious conspiracy 7#ah ,u4,s4,c4 #bchd72 7#c7 advocating overthrow of government 7#ah ,u4,s4,c4 #bche72 7#d7 murder of a ,federal official 7#ah ,u4,s4,c4 #aaad72 7#e7 rebellion or insurrection 7#ah ,u4,s4,c4 #bchc72 or 7#f7 assassination or assault upon the ,president or successors 7#ah ,u4,s4,c4 #agea74 #e4 ,limitations and safeguards 7a7 ,constitutional rights ,nothing in this ,act shall be construed to deny or limit the constitutional rights of any individual4 7b7 ,appeal rights ,any person sentenced under this ,act shall have the right to appeal both the underlying conviction and the enhanced penalty4 #f4 ,treatment of pardoned or set-aside convictions ,for purposes of section #d1 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 crimes4