House Further Defines Aggravated Felony

The House of Representatives recently passed the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279).  This bill expands the definition of the federal “crime of violence” and the aggravated felony definition for immigration law purposes. 

The author of the bill, Representative James Sensenbrenner (R-WI) added the definition provision to the bill in the manager’s amendment.  Current law defines a crime of violence as one that involves a risk that physical force will be used against a person or property.  The provision seeks to expand the crime of violence definition to include nonviolent, negligent acts or omissions that place another person or property at risk of injury, even if no injury actually occurs.

The bill is now in the Senate, and Senators Dianne Feinstein (D-CA) and Orrin Hatch (R-UT) are backing a similar version of the bill (S. 155).  The Senate version does not currently include the expanded definition.  No timetable for Senate action of S. 155 is currently set.

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