H.R. 3533 · 116th Congress
Combat Violent Crime Act of 2019
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Never voted on. It didn't reach a floor vote before the 116th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
RobySponsor1 cosponsor · 1 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
This bill alters the approach used by courts to determine if a criminal offense constitutes a crime of violence for the purposes of imposing an enhanced sentence on a defendant who uses or possesses a firearm in a crime of violence.
What it does: CRS summary · Introduced in House · Jun 27, 2019
Combat Violent Crime Act of 2019
This bill alters the approach used by courts to determine if a criminal offense constitutes a crime of violence for the purposes of imposing an enhanced sentence on a defendant who uses or possesses a firearm in a crime of violence.
Currently, the term crime of violence means a felony that (1) has as an element the use, attempted use, or threatened use of physical force; or (2) by its nature, involves a substantial risk of physical force. To determine if an offense constitutes a crime of violence under the second prong, courts apply a categorical approach to assess whether the nature of the defendant's offense, based on its statutory elements, involves a substantial risk of physical force.
In 2019, the Supreme Court held in United States v. Davis that the categorical approach (i.e., assessing the nature of the defendant's offense based on its statutory elements) is unconstitutionally vague.
This bill revises the second prong of the crime of violence definition to mean a felony that, based on the facts underlying the offense, involved a substantial risk of physical force. Under the revised definition, courts would apply a conduct-based approach to determine if an offense constitutes a crime of violence. The conduct-based approach assesses whether the defendant's conduct underlying an offense, based on the facts of the case, involved a substantial risk of physical force.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Combat Violent Crime Act of 2019
Latest action (Jul 30, 2019): Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Policy area: Crime and Law Enforcement · Origin: House · Introduced: Jun 27, 2019
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.