H.R. 6953

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6953 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 6953

To provide for an enhanced penalty for an act of violent insurrection.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 6, 2026

Mrs. Torres of California (for herself, Ms. Kelly of Illinois, Mrs. 
Fletcher, and Ms. Friedman) introduced the following bill; which was 
referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To provide for an enhanced penalty for an act of violent insurrection.

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 ``Violent Insurrection Recidivist 
Enhancement Act of 2026''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) There is a compelling governmental interest in 
protecting democratic institutions, governmental functions, and 
public safety.
(2) Attacks have occurred against the constitutional order 
that undermine democratic institutions, seek to stop 
governmental functions, and endanger public safety.
(3) One such violent attack, the January 6, 2021 attack on 
the United States Capitol, constituted an unprecedented assault 
on democratic institutions.
(4) Recidivist enhancements for those guilty of actual or 
attempted insurrection, and associated conduct, are necessary 
to reflect the seriousness of the offense, deter future attacks 
on constitutional governance, and incapacitate the defendants 
from committing future such acts.

SEC. 3. DEFINITIONS.

For purposes of this Act:
(1) Violent insurrection.--The term ``Violent 
Insurrection'' means any person who--
(A) unlawfully entered the United States Capitol, 
White House, or Supreme Court building or grounds in 
violation of sections 1361 and 1752 of title 18, United 
States Code, or section 5104 of title 40, United States 
Code, the symbols of our highest government 
institutions--
(i) engaged in violence or threatened 
violence against any person on these grounds in 
response to actual or perceived election 
results or activities and in violation of 
sections 111 and 372 of title 18, United States 
Code, or section 5104 of title 40, United 
States Code;
(ii) obstructed, influenced, or impeded any 
official proceeding related to the 
certification of electoral votes or related to 
an election in violation of section 1512(c) and 
(k) of title 18, United States Code, or section 
5104 of title 40, United States Code; or
(iii) damaged or destroyed property on the 
United States Capitol, White House, or Supreme 
Court building or grounds in violation of 
section 1361 of title 18, United States Code, 
or section 5104 of title 40, United States 
Code, and in response to actual or perceived 
election results or activities;
(B) attempted to commit any of the foregoing acts; 
or
(C) conspired to commit any of the foregoing acts.
(2) Act of prior violent insurrection.--The term ``Act of 
Prior Violent Insurrection'' means a prior conviction for 
conduct constituting a violent insurrection as defined in 
subsection (a) without regard to--
(A) whether the conviction was subsequently 
pardoned; or
(B) whether the conviction was set aside.

SEC. 4. RECIDIVIST ENHANCEMENT REQUIREMENT.

(a) Enhanced Penalty Requirement.--A defendant may receive an 
enhanced sentence under this Act if--
(1) the defendant is convicted of an act of violent 
insurrection as defined in section 3;
(2) the defendant has engaged in prior act of violent 
insurrection as defined in section 3; and
(3) the instant Federal crime was committed after the 
effective date of this Act.
(b) Recidivist Enhancement Terms.--
(1) General enhancement.--Except as provided in paragraphs 
(2) and (3), the person may receive an additional term of 
imprisonment of no more than 4 years.
(2) Serious felony enhancement.--If the underlying Federal 
crime is punishable by imprisonment of 10 years or more, the 
person may receive an additional term of imprisonment of 5 
years.
(3) Violence against government enhancement.--If the 
underlying Federal crime involves--
(A) violence or threatened violence against any 
Federal official or employee in violation of sections 
111 and 372 of title 18, United States Code, or section 
5104 of title 40, United States Code;
(B) damage to Federal property in violation of 
section 1361 of title 18, United States Code, or 
section 5104 of title 40, United States Code;
(C) obstruction of any official Federal proceeding 
in violation of section 1512(c) and (k) of title 18, 
United States Code, or section 5104 of title 40, United 
States Code; or
(D) any crime occurring on Federal property in 
violation of section 1361 of title 18, United States 
Code, or section 5104 of title 40, United States Code;
the person may receive an additional term of imprisonment of 10 
years.
(c) Life Enhancement.--Any person convicted of a Federal crime 
enumerated in this subsection who has engaged in a pattern of anti-
democratic conduct may be sentenced to life imprisonment with a minimum 
term of 15 years if convicted of--
(1) treason (18 U.S.C. 2381);
(2) seditious conspiracy (18 U.S.C. 2384);
(3) advocating overthrow of government (18 U.S.C. 2385);
(4) murder of a Federal official (18 U.S.C. 1114);
(5) rebellion or insurrection (18 U.S.C. 2383); or
(6) assassination or assault upon the President or 
successors (18 U.S.C. 1751).

SEC. 5. LIMITATIONS AND SAFEGUARDS.

(a) Constitutional Rights.--Nothing in this Act shall be construed 
to deny or limit the constitutional rights of any individual.
(b) Appeal Rights.--Any person sentenced under this Act shall have 
the right to appeal both the underlying conviction and the enhanced 
penalty.

SEC. 6. TREATMENT OF PARDONED OR SET-ASIDE CONVICTIONS.

For purposes of section 4, a Presidential pardon for conduct 
constituting a pattern of anti-democratic conduct under this Act that 
is not based on the innocence of the individual or a reversible legal 
error that fundamentally changed the outcome of justice shall not 
preclude the application of enhanced recidivist penalties under this 
Act for future Federal crimes.
<all>