Page:United States Statutes at Large Volume 108 Part 3.djvu/219

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1971 period at the end of the last sentence and inserting ", or may be sentenced to death.". (c) FEDERALLY PROTECTED ACTIVITIES.— Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting ", or may be sentenced to death" after "or for life". (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS. —Section 247(c)(1) of title 18, United States Code, is amended by inserting ", or may be sentenced to death" after "or both". SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICLU^. Section 1114 of title 18, United States Code, is amended by striking "punished as provided under sections 1111 and 1112 of this title," and inserting "punished, in the case of murder, as provided under section 1111, or, in the case of manslaughter, as provided under section 1112.". SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAP- Drive-By ONS TO FURTHER DRUG CONSPIRACIES. Shooting Prevention Act (a) SHORT TITLE. — This section may be cited as the "Drive- of 1994. By Shooting Prevention Act of 1994". 18 USC 36 note. (b) IN GENERAL.— Chapter 2 of title 18, United States Code, is amended by adding at the end the following new section: "*§ 36. Drive-by shooting "(a) DEFINITION.—In this section, 'major drug offense' means— "(1) a continuing criminal enterprise punishable under section 403(c) of the Controlled Substances Act (21 U.S.C. 848(c)); "(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section 1013 of the Controlled Substances Import and Export Control Act (21 U.S.C. 963); or "(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)). "(b) OFFENSE AND PENALTIES. —(1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both. "(2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing— "(A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or "(B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.".

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