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[DOCID: f:s735is.txt]






107th CONGRESS
  1st Session
                                 S. 735

To amend title 18 of the United States Code to add a general provision 
                         for criminal attempt.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2001

  Mr. DeWine introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18 of the United States Code to add a general provision 
                         for criminal attempt.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE

    This Act may be cited as the ``General Attempt Provision Act''.

SEC. 2. ESTABLISHMENT OF GENERAL ATTEMPT OFFENSE.

    (a) Chapter 19 of title 18, United States Code, is amended--
            (1) in the chapter heading, by striking ``Conspiracy'' and 
        inserting ``Inchoate offenses''; and
            (2) by adding at the end the following:
``Sec. 374. Attempt to commit offense
    ``(a) In General.--Whoever, acting with the state of mind otherwise 
required for the commission of an offense described in this title, 
intentionally engages in conduct that, in fact, constitutes a 
substantial step toward the commission of the offense, is guilty of an 
attempt and is subject to the same penalties as those prescribed 
for the offense, the commission of which was the object of the attempt, 
except that the penalty of death shall not be imposed.
    ``(b) Inability To Commit Offense; Completion of Offense.--It is 
not a defense to a prosecution under this section--
            ``(1) that it was factually impossible for the actor to 
        commit the offense, if the offense could have been committed 
        had the circumstances been as the actor believed them to be; or
            ``(2) that the offense attempted was completed.
    ``(c) Exceptions.--This section does not apply--
            ``(1) to an offense consisting of conspiracy, attempt, 
        endeavor, or solicitation;
            ``(2) to an offense consisting of an omission, refusal, 
        failure of refraining to act;
            ``(3) to an offense involving negligent conduct; or
            ``(4) to an offense described in section 1118, 1120, 1121, 
        or 1153 of this title.
    ``(d) Affirmative Defense.--
            ``(1) In general.--It is an affirmative defense to a 
        prosecution under this section, on which the defendant bears 
        the burden of persuasion by a preponderance of the evidence, 
        that, under circumstances manifesting a voluntary and complete 
        renunciation of criminal intent, the defendant prevented the 
        commission of the offense.
            ``(2) Definition.--For purposes of this subsection, a 
        renunciation is not `voluntary and complete' if it is motivated 
        in whole or in part by circumstances that increase the 
        probability of detection or apprehension or that make it more 
        difficult to accomplish the offense, or by a decision to 
        postpone the offense until a more advantageous time or to 
        transfer the criminal effort to a similar objective or 
        victim.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
19 of title 18, United States Code, is amended by adding at the end the 
following:

``374. Attempt to commit offense.''.

SEC. 3. RATIONALIZATION OF CONSPIRACY PENALTY AND CREATION OF 
              RENUNCIATION DEFENSE.

    Section 371 of title 18, United States Code, is amended--
            (1) by striking the second undesignated paragraph; and
            (2) in the first undesignated paragraph--
                    (A) by striking ``If two or more'' and inserting 
                the following:
    ``(a) In General.--If 2 or more''; and
                    (B) by striking ``either to commit any offense 
                against the United States, or''; and
            (3) by adding at the end the following:
    ``(b) Conspiracy.--If 2 or more persons conspire to commit any 
offense against the United States, and 1 or more of such persons do any 
act to effect the object of the conspiracy, each shall be subject to 
the same penalties as those prescribed for the most serious offense, 
the commission of which was the object of the conspiracy, except that 
the penalty of death shall not be imposed.''.
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