[20181011]LSB10203_众议院通过修正联邦“暴力罪”定义的法案.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i House Passes Bill to Amend the Federal “Crime of Violence” Definition October 11, 2018 Recently the House passed the Community Safety and Security Act of 2018 (CSSA), which would amend the federal “crime of violence” (COV) definition found at 18 U.S.C. 16. Many federal statutes incorporate that definition for various purposes, including describing elements of certain criminal offenses, imposing enhanced prison sentences, or subjecting offenders to other penalties. The two-pronged COV definition at 18 U.S.C. 16 covers (1) an offense that has as an element the actual, attempted, or threatened “use of physical force” or (2) any felony offense that involves a “substantial risk” of physical force. In Sessions v. Dimaya, the Supreme Court struck down the definitions second prong on vagueness grounds, narrowing the scope of criminal offenses qualifying as COVs. In response to the Courts decision, the House passed the CSSA, which would retain the COV definitions first prong, but also amend that definition to include many enumerated criminal offenses. Because the CSSA adds to the range of conduct cover