Combat Violent Crime Act of 2019

Summary

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.

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Timeline

1. 27 June 2019

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 27 June 2019

   Introduced

   Introduced in House

   Source: IntroReferral

3. 27 June 2019

   Introduced

   Introduced in House

   Source: IntroReferral

4. 30 July 2019

   Referred

   Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 27 June 2019 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 27 June 2019

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 27 June 2019

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 27 June 2019

  Open at official source

Sponsors

• Martha Roby · R · Sponsor
• Doug Collins · R · Sponsor
• · hsju00 · Standing

Related records

• related to ← Combat Violent Crime Act of 2018