Violent Insurrection Recidivist Enhancement Act of 2026

119 HR 6953 IH: Violent Insurrection Recidivist Enhancement Act of 2026 U.S. House of Representatives 2026-01-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 2d Session H. R. 6953 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. 1. Short title This Act may be cited as the Violent Insurrection Recidivist Enhancement Act of 2026 . 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. 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. 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 ). 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. 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.