,,ii #aaith ,,congress #ast ,session ,s4 #aidi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjbe,mr4 ,grassley 7for himself1 ,mr4 ,boozman1 ,mr4 ,cramer1 ,mr4 ,cassidy1 ,mr4 ,lankford1 ,mr4 ,mc,connell1 ,ms4 ,collins1 ,mrs4 ,capito1 ,mr4 ,crapo1 ,mr4 ,tillis1 and ,mr4 ,risch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve certain criminal provisions4 #a4 ,short title ,this ,act may be cited as the ,combating ,violent and ,dangerous ,crime ,act4 #b4 ,bank robbery and related crimes ,section #baac of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 1 or attempts to take12 7,b7 by striking or attempts to obtain2 and 7,c7 by inserting before 2 or the following3 1 or attempts to do so2 7#b7 by redesignating subsections 7f71 7g71 and 7h7 as subsections 7g71 7h71 and 7i71 respectively2 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,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 conspiracy4 4 #c4 ,protection of officers and employees of the ,united ,states 7a7 ,findings ,congress finds the following3 7#a7 ,officers and employees of the ,united ,states ,government dutifully and faithfully serve the ,united ,states1 often placing themselves at serious risk of death or bodily harm1 in order to preserve1 protect1 and defend the interests of the ,united ,states4 7#b7 ,in prohibiting the assaulting1 resisting1 or impeding of officers and employees of the ,united ,states ,government1 ,congress intended to maximize protection for ,federal officers and employees and ensure that individuals who kill or assault ,federal officers or employees are prosecuted4 7#c7 ,the ,united ,states ,court of ,appeals for the ,sixth ,circuit analyzed section #aaa of title #ah1 ,united ,states ,code1 correctly when it found1 ,categorizing #aaa7;a77#a7 as a general intent crime furthers the congressional objective3 ,if a person acts in a manner which is assaultive toward a ,federal official1 without specifically intending harm or the apprehension of imminent harm1 the official still would be impeded in the performance of his official duties4 ,united ,states v4 ,kimes1 #bdf ,f4#c;d #hjj1 #hji 7#fth ,cir4 #bjja71 quoting ,united ,states v4 ,jennings1 #hee ,f4 ,supp4 #adbg1 #addj 7,m4,d4 ,pa4 #aiid74 7#d7 ,federal courts1 including the ,united ,states ,courts of ,appeals for the ,second1 ,fourth1 ,sixth1 ,seventh1 ,eighth1 ,ninth1 and ,eleventh ,circuits1 have correctly interpreted section #aaa of title #ah1 ,united ,states ,code1 to be a crime of general intent rather than a crime of specific intent4 7#e7 ,other ,federal courts1 including the ,united ,states ,courts of ,appeals for the ,first1 ,fifth1 and ,tenth ,circuits1 have issued decisions with language arguably suggesting that section #aaa of title #ah1 ,united ,states ,code1 is a crime of specific intent rather than a crime of general intent1 creating the appearance of a split among the ,united ,states courts of appeals4 7#f7 ,in light of the appearance of a split among the ,united ,states courts of appeals described in paragraph 7#e71 it has become necessary for ,congress to clarify its original intent that section #aaa of title #ah1 ,united ,states ,code1 is a crime of general intent4 7b7 ,amendment ,section #aaa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,knowledge of defendant ,in a prosecution for an offense under subsection 7a71 the ,government need not prove that the defendant-- 7#a7 knew that the victim of the offense was a person designated in section #aaad or performed official duties during service as a person so designated2 or 7#b7 acted with any intent greater than knowledge4 4 #d4 ,motor vehicles ,section #baai of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking 1 with the intent to cause death or serious bodily harm2 7,b7 by inserting a comma after force and violence2 and 7,c7 by inserting or conspires after attempts2 7#b7 in paragraph 7#a71 by striking #ae years and inserting #bj years2 7#c7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#d7 by inserting after paragraph 7#a7 the following3 7#b7 if a dangerous weapon or device is used in committing1 or in attempting to commit1 the offense1 be fined under this title or imprisoned not more than #be years1 or both1 2 and 7#e7 in paragraph 7#c71 as so redesignated1 by striking #be years and inserting #dj years4 #e4 ,penalties for firearms offenses ,section #ibd7;c77#c77;,b7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7,b7 is a conspiracy1 or an attempt1 to commit an offense that has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another4 4 #f4 ,offenses involving candy-flavored controlled substances manufactured or distributed for minors 7a7 ,in general ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended by inserting after section #dah the following3 #dah;a4 ,manufacturing or distributing candy-flavored controlled substances for minors 7a7 ,except as provided in subsection 7c7 and in section #dah1 #dai1 or #dbj1 a person shall be subject to the penalty described in subsection 7b7 if the person violates section #dja7;a77#a7-- 7#a7 by manufacturing1 creating1 distributing1 dispensing1 or possessing with intent to distribute a controlled substance listed in schedule ,i or ,,ii that is-- 7,a7 combined with a candy or beverage product2 7,b7 marketed or packaged to appear similar to a candy or beverage product2 or 7,c7 modified by flavoring or coloring to appear similar to a candy or beverage product2 and 7#b7 knowing1 or having reasonable cause to believe1 that the controlled substance will be distributed1 dispensed1 or sold to a person under #ah years of age4 7b7 ,the penalty described in this subsection is-- 7#a7 in the case of a first offense involving the same controlled substance and schedule1 an additional term of imprisonment of not more than #aj years2 and 7#b7 in the case of a second or subsequent offense involving the same controlled substance and schedule1 an additional term of imprisonment of not more than #bj years4 7c7 ,subsection 7a7 shall not apply to any controlled substance that-- 7#a7 has been approved by the ,secretary under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee71 if the contents1 marketing1 and packaging of the controlled substance have not been altered from the form approved by the ,secretary2 or 7#b7 has been altered at the direction of a practitioner who is acting for a legitimate medical purpose in the usual course of professional practice4 4 7b7 ,technical and conforming amendment ,the table of contents for the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7,public ,law #ia-eac2 #hd ,stat4 #abcf7 is amended by inserting after the item relating to section #dah the following3 ,sec4 #dah;a4 ,manufacturing or distributing candy-flavored controlled substances for minors4 4 7c7 ,sentencing ,guidelines ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 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 #b offense levels for a violation of section #dja7;a77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77#a77 if the defendant-- 7#a7 manufactures1 creates1 distributes1 dispenses1 or possesses with intent to distribute a controlled substance listed in schedule ,i or ,,ii that is-- 7,a7 combined with a candy or beverage product2 7,b7 marketed or packaged to appear similar to a candy or beverage product2 or 7,c7 modified by flavoring or coloring to appear similar to a candy or beverage product2 and 7#b7 knows1 or has reasonable cause to believe1 that the controlled substance will be distributed1 dispensed1 or sold to a person under #ah years of age4 #g4 ,kidnapping ,section #abja of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,kidnapping 7#a7 ,offense ,except as provided in paragraph 7#b71 it shall be unlawful for any person1 in any circumstance described in paragraph 7#c71 to-- 7,a7 unlawfully-- 7i7 seize1 confine1 kidnap1 abduct1 or carry away an individual by-- 7,i7 force and violence2 or 7,,ii7 intimidation2 or 7ii7 inveigle or decoy an individual2 and 7,b7 hold the individual described in subparagraph 7,a7 for ransom1 reward1 or otherwise4 7#b7 ,exception ,paragraph 7#a7 shall not apply to an act done against a minor by the parent thereof4 7#c7 ,circumstances ,a circumstance described in this paragraph is that-- 7,a7 the individual is willfully transported in interstate or foreign commerce1 regardless of whether the individual was alive when transported across a ,state boundary1 or the offender travels in interstate or foreign commerce or uses the mail or any means1 facility1 or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense2 7,b7 any such act against the individual is done within the special maritime and territorial jurisdiction of the ,united ,states2 7,c7 any such act against the individual is done within the special aircraft jurisdiction of the ,united ,states1 as defined in section #dfeja of title #di2 7,d7 the individual is a foreign official1 an internationally protected person1 or an official guest1 as those terms are defined in section #aaaf7;b7 of this title2 or 7,e7 the individual is among those officers and employees described in section #aaad of this title and any such act against the individual is done while the individual is engaged in1 or on account of1 the performance of official duties4 7#d7 ,penalty ,any person who commits a violation under this subsection shall be punished by imprisonment for any term of years or for life and1 if the death of any individual results1 shall be punished by death or life imprisonment4 2 7#b7 in subsection 7b7-- 7,a7 by striking subsection 7a77#a71 above1 and inserting subsection 7a77#c77;,a72 7,b7 by striking he and inserting the victim2 7,c7 by striking such person and inserting such individual2 and 7,d7 by striking under this section and inserting under this subsection2 and 7#c7 in subsection 7f71 by striking subsection 7a77#d7 each place it appears and inserting subsection 7a7 with respect to a circumstance described in paragraph 7#c77;,d7 of that subsection4