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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Senate Committee on the Judiciary
  • The house Passed September 7th, 2018
    Roll Call Vote 247 Yea / 152 Nay
      house Committees
      House Committee on the Judiciary
      Crime, Terrorism, Homeland Security, and Investigations
    IntroducedAugust 31st, 2018

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What is it?

This bill —  the Community Safety and Security Act of 2018 — would more broadly define “crime of violence” under federal law by listing which offenses qualify as crimes of violence. That’d be in addition to the current definition that includes offenses that have “as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The bill would address a 2017 Supreme Court ruling which found the definition of “crime of violence” unconstitutional because of its vagueness.

Additionally, this bill defines offenses that are considered crimes of violence, including:

  • Abusive sexual contact;

  • Aggravated sexual abuse;

  • Sexual abuse;

  • Assault;

  • Arson;

  • Burglary;

  • Carjacking;

  • Child abuse;

  • Communication of threats;

  • Coercion;

  • Domestic violence;

  • Extortion;

  • Firearms use;

  • Fleeing;

  • Force;

  • Hostage taking;

  • Human trafficking;

  • Interference with flight crew members and attendants;

  • Kidnapping;

  • Murder;

  • Robbery;

  • Stalking;

  • Unauthorized use of a motor vehicle;

  • Using weapons of mass destruction; and

  • Voluntary manslaughter.

Impact

Defendants accused of “crimes of violence”; law enforcement; courts; and the federal criminal code.

Cost

A CBO cost estimate is unavailable.

More Information

In-Depth: Rep. Karen Handel (R-GA) introduced this bill to clarify the definition of “crime of violence” under federal law in response to a 2017 Supreme Court decision that found the definition to be vague and unconstitutional.

The case, Sessions v. Dimaya, involved a lawful permanent resident named James Dimaya who was convicted of felony burglary in California. Under the Immigration and Nationality Act, non-citizens convicted of an aggravated felony that’s a “crime of violence” are subject to deportation.

Writing in his concurrence with the court’s four liberal justices that the current law was too vague, Justice Neil Gorsuch wrote:

“Just as Blackstone’s legislature passed a revised statute clarifying that “cattle” covers bulls and oxen, Congress remains free at any time to add more crimes to its list. It remains free, as well, to write a new residual clause that affords the fair notice lacking here. Congress might, for example, say that a conviction for any felony carrying a prison sentence of a specified length opens an alien to removal. Congress has done almost exactly this in other laws… What was done there could be done here.”


Media:

Summary by Eric Revell

(Photo Credit: iStock.com / LPETTET)

AKA

Community Safety and Security Act of 2018

Official Title

To amend title 18, United States Code, to clarify the definition of "crime of violence", and for other purposes.

    It should be very specific and should not benefit one group of people or target one group. It should represent harm and intent.
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    Maybe we should worry more about defining political crimes and white collar crimes and crimes against humanity and wildlife and environment. How about making oppression a crime? If we could address root causes, we would not have to create more laws. For a group of individuals that like deregulation so they can practice their unethical beliefs and acts (Conservatives/ Republicans)), they certainly like to waste tax dollars, Congress times, Supreme Court time and the world’s time, to pass more regulations (laws, policies, legislation) on specific groups of citizens. If we were to eradicate Conservatism, 99% of all crime would likely disappear. Experiment: Let’s build the Mexico wall and while we are at it, build the Canadian Wall too. Then we will place all Conservatives in Mexico for a year and see how much crime we have in the United States. We can give Mexico a little more cash to help deal with the escalated crime in their country.
    Like (168)
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    "Fleeing" is not an act of violence; by definition it is practically the opposite. Remove that, remove a couple others here that do not fit with the given definition of violent crimes, try again.
    Like (118)
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    At least three of these “offenses” are not explicitly “violent”. Needs revised, still too broad in scope despite the increased specificity.
    Like (86)
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    Recall, DUI vs DWI, is there a difference that affects a person’s arrest & consequent adjudication? So....lets clarify what ‘crime of violence’ means...really.
    Like (22)
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    The. Law shd. be clear enough for all citizens to understand.
    Like (19)
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    This is intended to target certain immigrants, so no. We are a country of immigrants, and the racist ways in which our laws are being used is unacceptable. Focus on cleaning up corruption in the government instead.
    Like (17)
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    Fleeing is not violent! This looks like a thinly veiled loophole for law enforcement to continue to persecute POC.
    Like (16)
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    White collar crimes like subjecting whole communities to water tainted with lead , and fowling the air and water with oil & gas leaks and explosions are violent felonies. So is altering the Clilmate so that people are dying from heat for failure to move away from fossil fuels. Children and people of all ages suffer and die because industry and their principals rarely get charged for actions & systematic schemes that lead to bodily harm and death. Unless environmental degradation and poisoning is included this exercise if futile.
    Like (8)
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    This list for crimes of violence is too broad. A few crimes on the list cannot be classified as violent. This seems like an attempt to put people in prison for longer periods of time so that the private prison industry can profit off of their incarceration.
    Like (7)
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    Yes I’m in favor of this. political beliefs needs to be added to the list of hate crimes . #MAGA
    Like (6)
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    Are you kidding me? This is because of the incompetent judge Goruch (spelling not cared about) He shouldn't have been confirmed to the bench and this garbage wouldn't be coming through. See the shit show that follows when you allow a mistake on the supreme court! Make better choices!!
    Like (5)
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    You know right from wrong. As it is Women are not treated fairly and re-traumatized in court. With questions of what she was wearing. Would changing the languge, have prevented, Bill O'Reilly, Aisles...? If that is the case I think it's obvious. And maybe have Women work on it.
    Like (4)
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    I disagree with some of the offenses listed being crimes of violence. Fleeing is far from a violent act and must be removed from the language of this bill. If left on, it will further the ability of the police to use excessive force and shoot unarmed people. People “flee” because they are afraid not because they are necessarily guilty of anything. Also, unauthorized use of a motor vehicle can simply mean driving without a license. How is that a violent crime. So unless that language is removed, this legislation must be defeated
    Like (4)
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    People should be aware of the true nature of the crime and not just that you have a felony conviction!
    Like (4)
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    Fleeing is not a violent, or aggressive action. It should not be included here. This would give more cover for police to gun down fleeing suspects.
    Like (4)
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    Some of the crimes listed in this bill should not be considered violent.
    Like (3)
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    Federal laws should be nonspecific. All law is open to interpretation by our judicial court. The idea that the judiciary branch interprets the government would be infringed upon if law was written with highly specific parameters: the judicial branch would ultimately lose a key element of justice.
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    The premise is a good one, the execution is flawed. There are crimes of violence missing, and there are crimes that aren't violent that are listed. Precision is necessary.
    Like (3)
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    I only say yes as the original definition is perfectly sufficient to work out a crime of violence to anyone but the scotus apparently. The Supreme Court I fear was setting itself up to be able to decide on firearms cases in the future.
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