Order Code RL32943
CRS Report for Congress
Received through the CRS Web
Gang Prevention and Suppression Legislation in
the 109th Congress: Side-by-Side Comparison of
S. 155, H.R. 1279, and H.R. 4472
Updated March 30, 2006
Celinda Franco
Specialist in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜
The Library of Congress
Gang Prevention and Suppression Legislation in the
109th Congress: Side-By-Side Comparison of S. 155,
H.R. 1279, and H.R. 4472
Summary
Youth gangs and the violence associated with them continue to be a pervasive
problem in cities across the country. For the most part, gang-related activities have
been a state and local law enforcement issue. Until recently, the federal role in
stemming illegal gang activities was limited to grant programs to state and local law
enforcement, and community-based agencies for prevention and local law
enforcement efforts. These types of programs focus on efforts to prevent at-risk
youths from joining gangs or from staying in gangs, and community law enforcement
efforts to involve communities in dealing with gangs. As gangs expanded the types
of illegal activities they engaged in, policy makers responded. Although legislation
had been passed throughout the years that criminalized certain gang-related acts,
Congress began to specifically address gang-related violence in 1986. More recently,
concerns about the growing violence of gangs, as well as the potential threat they
may pose to domestic security, has intensified congressional interest.
In the 109th Congress, legislation has been introduced to prevent and deter gang
members involved in violent criminal behavior. Some of the bills focus narrowly on
the gang problem, such as H.R. 283, which would authorize grants to prevent
bullying and gang activities. Other bills address aspects of the ‘transnational’ gang
threat of foreign gang members through improved border security (H.R. 1168, H.R.
1225) and immigration law changes (H.R. 2672 and S. 853, H.R.2933, S. 1168).
This report will focus on some of the more comprehensive anti-gang bills under
consideration. S. 155, includes numerous revisions to current law regarding gangs,
including increased criminal penalties for gang members convicted of serious violent
crimes. H.R. 1279, passed by the House of Representatives on May 11, 2005, would
amend the federal criminal code to increase penalties for individuals participating in
a criminal street gang who have committed certain violent crimes, among other
things. H.R. 4472, passed by the House on March 8, 2006, while similar to H.R.
1279, differs by having fewer
mandatory minimum prison sentences for gang crimes
and providing a new anti-gang program designed to provide services to assist
offenders reentering the community. They also would amend current law by
increasing penalties for gangs and gang members who use interstate and foreign
commerce-related aid to racketeering enterprises using interstate commerce to
commit other illegal acts.
Arguably, the most controversial provisions in all three of these bills are
amendments to current law that would permit the Attorney General to prosecute
juveniles (age 16 or over) as adults if they were alleged to have committed,
conspired, solicited, or attempted to commit certain serious violent gang offenses.
All three bills have many common elements and similar provisions. This report
provides a side-by-side comparison of S. 155, H.R. 1279, and H.R. 4472; it will be
updated in response to significant legislative activity.
Contents
Side-by-Side Comparison of S. 155, H.R. 1279, and H.R. 4472 in the 109th
Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Solicitation or Recruitment of Persons in Criminal Street Gangs . . . . . . . . 6
Criminal Street Gang Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Circumstances of Gang Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Money Laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Definition of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Carjacking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Violent Crimes in Furtherance or in Aid of Criminal Street Gangs . . . . . 14
Interstate and Foreign Travel or Transportation in Aid of Racketeering
Enterprises and Criminal Street Gangs . . . . . . . . . . . . . . . . . . . . . . . . 16
Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Aggravated Sexual Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Offenses Committed Within Indian Country . . . . . . . . . . . . . . . . . . . . . . . . 18
Racketeer Influenced and Corrupt Organizations . . . . . . . . . . . . . . . . . . . . 18
Carjacking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Conspiracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Illegal Gun Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Special Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Conforming Amendment on Orders of Restitution . . . . . . . . . . . . . . . . . . . 21
Special Provisions for Indian Country . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Penalties For Use of Interstate Commerce Facilities in the Commission
of Murder-For-Hire and Other Felony Crimes of Violence . . . . . . . . . 22
Penalties For Violent Crimes in Aid of Racketeering Activity . . . . . . . . . . 23
Murder and Other Violent Crimes Committed During and in Relation
to a Drug Trafficking Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Designation of and Assistance for “High Intensity” Interstate Gang
Activity Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Publicity Campaign About New Criminal Penalties . . . . . . . . . . . . . . . . . . 32
Enhancement of Project Safe Neighborhoods Initiative to Improve
Enforcement of Criminal Laws Against Violent Gangs . . . . . . . . . . . 32
Additional Resources For the FBI to Investigate and Prosecute Violent
Criminal Street Gangs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Grants to Prosecutors and Law Enforcement to Combat Violent Crime
and to Protect Witnesses and Victims of Crimes . . . . . . . . . . . . . . . . . . 0
Reauthorization of the Gang Resistance Education and Training
Projects Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Multiple Interstate Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Rebuttable Presumption Against Release of Persons Charged with
Firearms Offenses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Venue in Capital Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Statute of Limitations for Violent Crime . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Predicate Crimes for Authorization of Interception of Wire, Oral, and
Electronic Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Clarification to Hearsay Exception for Forfeiture by Wrongdoing . . . . . . 38
Clarification of Venue for Retaliation Against a Witness . . . . . . . . . . . . . 39
Amendment of Sentencing Guidelines Relating to Certain Gang and
Violent Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Penalties for Criminal Use of Firearms in Crimes of Violence and Drug
Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Possession of Firearms by Dangerous Felons . . . . . . . . . . . . . . . . . . . . . . . 43
Conforming Amendment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Treatment of Federal Juvenile Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . 46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Notification After Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Release and Detention Prior to Disposition . . . . . . . . . . . . . . . . . . . . . . . . 51
Speedy Trial Section
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Federal Sentencing Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Listing of Immigration Violators in the National Crime Information
Center Database
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Crimes of Violence and Drug Crimes Committed by Illegal Aliens . . . . . 54
Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
State and Local Reentry Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Gang Prevention and Suppression Legislation in the
109th Congress: Side-by-Side Comparison of S. 155,
H.R. 970, and H.R. 1279
Youth gangs and the violent crime associated with them continue to be a
pervasive problem in cities across the country. For the most part, gang-related
activities have been a state and local law enforcement issue. Until recently, the
federal role in stemming illegal gang activities was limited to grant programs to state
and local law enforcement, and community-based agencies for prevention and local
law enforcement efforts. These types of programs focus on efforts to prevent at-risk
youths from joining gangs or from staying in gangs, and community law enforcement
efforts to involve communities in dealing with their gang problem. As gangs
expanded the types of illegal activities they engaged in, policy makers responded.
Although legislation had been passed throughout the years that criminalized certain
gang-related acts, Congress began to specifically address gang-related violence in
1986. More recently, concerns about the growing violence of gangs, as well as the
potential threat they may pose to domestic security, has intensified congressional
interest.
In the 109th Congress, several bills have been introduced to address the problem
of gangs and gang violence. Over the years, three basic strategies for addressing
youth gangs have been most often employed at the federal level:
suppression, through
longer prison sentences and criminal penalties;
intervention, through programs
designed to help individuals leave gangs and get a new start through job training,
education, and skills development; and
prevention, typically through school-based
or community-based programs designed to reach out to at-risk children before they
can get involved with gangs.
A number of bills targeting the youth gang problem have been introduced in the
109th Congress. Most of the bills primarily address the gang problem through
methods of suppressing gang crime with longer prison sentences for gang-related
crime. H.R. 283 would amend the Safe and Drug-Free Schools and Communities
Act of the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants
to prevent bullying and for gang prevention activities. Several other bills address
specific aspects of the ‘transnational’ gang threat by providing improvements in
criminal background checks to prevent entry of foreign gang members and terrorists
(H.R. 1168 and H.R. 1225);1 by improving border security (H.R. 2672 and S. 853);
1 For more information, see CRS Report RL33011,
Terrorist Screening and Brady
Background Checks for Firearms, by William J. Krouse.
CRS-2
by making criminal gang members inadmissible and deportable aliens ( H.R. 2933,
and S. 1168);2 and these gang issues are beyond the scope of this report.
This report will compare S. 155,3 H.R. 1279, and H.R. 4472, three of the most
comprehensive gang-related bills introduced during the first session of the 109th
Congress. H.R. 1279 was reported out of the House Judiciary Committee, with
amendments (H.Rept. 109-74), and passed by the House of Representatives on May
11, 2005. H.R. 4472, including a separate title on gang reduction and prevention
provisions, was passed by the House of Representatives on March 8, 2006.
In brief, here are some of the major provisions of the three bills:
! All three bills would increase the penalties for violent gang crimes:
S. 155 would increase the statutory
maximum prison sentences that
would apply to certain violent gang crimes, while H.R. 1279 would
make all such crimes subject to fines in addition to new mandatory
minimum sentences with increased imprisonment penalties. H.R.
4472 would also increase the penalties for violent gang crimes,
including both statutory
maximum imprisonment penalties and
mandatory
minimum imprisonment penalties, depending on the
severity of the crime.
! All three bills would increase the penalties for carjacking, expand
certain racketeering crimes and associated penalties to apply to
criminal street gang crimes, and increase penalties for violent crimes
committed during and in relation to a drug trafficking crime or
crimes committed using firearms.
! S. 155 and H.R. 1279 would authorize the creation of a new High
Intensity Gang Activity Area designation, through which multi-
agency task forces would join together with state and local law
enforcement to bolster their efforts to combat gang crimes.
! All three bills would provide for the transfer of certain juvenile
offenders age 16
and 17 for federal prosecution as adults.
! S. 155 and H.R. 4472 would authorize appropriations for the Gang
Resistance Education and Training (G.R.E.A.T.) program
administered by the Department of Justice, Office of Justice
Programs, and S. 155 would authorize appropriations for the Safe
Streets Program administered by the Federal Bureau of Investigation.
In addition, H.R. 4472 would provide grants to state and local courts
and related agencies and organizations to develop “reentry courts”
designed to assist offenders returning to communities after
2 For more information, see CRS Report RL32480,
Immigration Consequences of Criminal
Activity, by Michael John Garcia and Larry M. Eig.
3 H.R. 970, introduced on Feb. 17, 2005, by Representative Schiff, is very similar to S. 155,
differing in a very few provisions on technical points of otherwise identical provisions.
CRS-3
imprisonment. H.R. 1279 would provide grants for prosecutors to
help them more effectively prosecute gang crime.
! H.R. 1279 and H.R. 4472 would provide additional criminal
penalties for crimes of violence and drug crimes committed by
illegal aliens, require immigration violators to be listed in the
National Crime Information Center (NCIC), and require the
Attorney General and the Secretary of the Department of Homeland
Security to conduct a study of the connection between illegal
immigration and gang membership and gang activities.
CRS-4
Side-by-Side Comparison of S. 155, H.R. 1279, and H.R. 4472 in the 109th Congress
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
The Gang Prevention and Effective
The Gang Deterrence and Community
Children's Safety and Violent Crime
Deterrence Act of 2005
Protection Act of 2005
Reduction Act of 2006, Title VIII -
Reduction and Prevention of Gang
Violence
Findings
No provision.
Findings include (1) violent crime and
No provision.
No provision.
drug trafficking are a pervasive
problem at all levels of government;
(2) the crime rate is exacerbated by the
association of persons in gangs; (3)
according to the most recent National
Drug Threat Assessment, criminal
street gangs are responsible for much
of the distribution of illegal drugs in
urban and rural areas in the United
States; (4) gangs commit acts of
violence or drug offenses for many
reasons, such as membership in or
loyalty to the gang, for protecting gang
territory, and for profit; (5) gang
presence has a pernicious effect on the
free flow of commerce in local
businesses and directly affects the
freedom and security of communities
plagued by gang activity; (6) gangs
often recruit and use minors in violent
acts or other serious offenses, because
CRS-5
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
the criminal justice systems are more
lenient on juvenile offenders; (7)
gangs often intimidate and threaten
witnesses to prevent successful
prosecutions; (8) gang recruitment can
be deterred through increased
vigilance, strong criminal penalties,
equal partnerships with state and local
law enforcement, and proactive
intervention efforts targeting juveniles
before they get involved in gang
activities; (9) state and local
prosecutors have enlisted the help of
Congress in the prevention,
investigation, and prosecution of gang
crimes and in protecting witnesses and
victims of gang crimes; and (10)
consultation and coordination between
federal, state and local law
enforcement is critical for successful
prosecutions of criminal street gangs.
[Section 100]
CRS-6
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Solicitation or
No provision.
Amends Chapter 26 of 18 U.S.C., by
No provision.
No provision.
Recruitment of
adding a new §522. Makes it unlawful
Persons in
to recruit, employ, solicit, induce,
Criminal Street
command, or cause another person to
Gangs
be or remain in a criminal street gang,
or conspire to do so, with the intent to
cause that person to participate in
criminal gang activities. Establishes
penalties, in addition to those for the
underlying offense, for offenses under
this subsection of not more than five
years’ imprisonment, a fine or both; or
if the person who is recruited,
solicited, induced, commanded, or
caused to participate or remain in a
criminal street gang is under the age of
18, establishes a penalty of not more
than 10 years’ imprisonment, a fine or
both. At the discretion of the
sentencing judge, makes a person who
recruits a minor for a criminal gang
liable for any costs incurred by
federal, state or local governments for
housing, maintaining, and treating the
person until the person attains the age
of 18 years. [Section 101]
CRS-7
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Criminal Street
18 U.S.C. 521defines
criminal
Defines
criminal street gang as a
Would define
criminal street gang as a Similar to H.R. 1279, except does not
Gang Definitions street gang as an ongoing group,
formal or informal group, club,
formal or informal group or
provide an exception for offenses
club, organization, or association
organization or association of
three or
association of
three or more
punishable under 401(b)(1) of the
of
five or more persons that has as
more individuals who individually,
individuals, who commit two or more
Controlled Substances Act. [Section
one of its primary purposes the
jointly, or in combination, have
gang crimes, one of which is a crime
801]
commission of one or more
committed or attempted to commit at
of violence other than an offense
specific criminal offenses, and
least
two separate acts of
predicate
punishable under 401(b)(1) of the
whose members engage, or have
gang crime, one of which occurs after
Controlled Substances Act, in two or
engaged in the past
five years, in a
enactment of the bill, and the last of
more separate criminal episodes, in
continuing series of specific
which occurs not later than 10 years
relation to the group or association, if
offenses, and whose activities
after the commission of the prior
any of the activities of the criminal
affect interstate or foreign
predicate gang crime. Also would
street gang affects interstate or foreign
commerce.
require that at least one of the
commerce. [Section 101]
predicated gang crimes is a crime of
violence. [Section 102]
Circumstances
18 U.S.C. 521 provides that a
Amends §521 to require that whoever
Defines
criminal street gang crime as
Identical to H.R. 1279. [Section 801]
of Gang Crime
person who commits criminal street (1) commits, conspires or attempts to whoever commits or conspires,
gang offenses is one who: (1)
commit, a
predicate gang crime in
threatens or attempts to commit, a
participates in a criminal street
furtherance or in aid of the activities of gang crime for the purpose of
gang with knowledge that its
a criminal street gang, for gaining
furthering the activities of a criminal
members engage in or have
entrance to or maintaining or
street gang, or gaining entrance to or
engaged in a continuing series of
increasing position in a gang, or for
maintaining or increasing their
offenses described as criminal
the direct or indirect benefit of the
position in a gang. [Section 101]
street gang crimes, above; (2)
criminal street gang; or whoever (2)
intends to promote or further the
employs, uses, commands, counsels,
felonious activities of the criminal
persuades, induces, entices, or coerces
street gang or maintain or increase
any individual to commit, cause to
his or her position in the gang; and
commit, or facilitate the commission
(3) has been convicted within the
of a predicate gang crime in
CRS-8
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
past 5 years for (A) an offense
furtherance or in aid of the activities of
described in 18 U.S.C. 521(c), (B)
a criminal street gang, for gaining
a state offense involving a
entrance to or maintaining or
controlled substance for which the
increasing position in such a gang, or
maximum penalty is not less than
for the direct or indirect benefit of the
five years’ imprisonment, or that is
criminal street gang or in association
a felony crime of violence that has
with the criminal street gang would be
as an element the use or attempted
subject to a fine under title 18 and
use of physical force against
penalties described below. [Section
another person, (C) any federal or
102]
state felony offense that involves a
substantial risk of physical force, or
(D) a conspiracy to commit any of
the offenses in (A), (B), or (C).
Offenses
18 U.S.C. 521 defines criminal
Defines
predicate gang crime as a
Defines gang crime as conduct
Identical to H.R. 1279. [Section 101]
street gang offenses as: (1) a
crime of violence or one involving
constituting any federal or state crime
federal felony involving a
manufacturing, importing, distributing, punishable by imprisonment for more
controlled substance (as defined in
or possessing with intent to distribute,
than one year, in the following
§102 of the Controlled Substances
or otherwise dealing with a controlled
categories: (1) a crime of violence
Act (21 U.S.C. 802) for which the
substance or listed chemicals of the
other than a crime of violence against
maximum penalty is not less than
Controlled Substances Act, provided
the property of another; (2) a crime
five years; (2) a federal felony
that the activities of the criminal street involving obstruction of justice,
crime of violence that has as an
gang affect interstate or foreign
including tampering with or retaliating
element the use or attempted use of commerce, or involve the use of any
against a witness, victim, or informant,
physical force against another
facility of, or travel in, interstate or
or burglary; (3) a crime involving the
person; and (3) a conspiracy to
foreign commerce. [Section 102]
manufacturing, importing, distributing,
commit an offense involving
possessing with intent to distribute, or
interstate or foreign commerce, as
Predicate gang crime also includes any otherwise dealing in a controlled
described in paragraphs (1) and (2), act, threat, conspiracy, or attempted
substance or listed chemical defined in
CRS-9
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
above.
act, chargeable as a felony under
21 U.S.C. 802. Also includes conduct
federal or state law involving: (1)
punishable under various subsections
murder; (2) manslaughter; (3)
of §844, §922,§924, §930, §931,
maiming; (4) assault with a dangerous
§1028, §1029, §1952, §1956, §1957,
weapon; (5) assault resulting in serious or §2313-2315, related to firearms
bodily injury; (6) gambling; (7)
violations. [Section 101]
kidnapping; (8) robbery; (9) extortion;
(10) arson; (11) obstruction of justice;
(12) tampering with or retaliating
against a witness, victim, or informant;
(13) burglary; (14) sexual assault; (15)
carjacking; or (16) manufacturing,
importing, distributing, possessing
with intent to distribute or dealing in a
controlled substance or listed
chemicals in the Controlled
Substances Act.
Predicate gang crime also includes a
felony offense under: (1) §844
relating to explosive materials; (2)
§922(g)(1) relating to firearm
possession by a convicted felon, where
the underlying conviction is a violent
felony or serious drug offense under
21 U.S.C. 924(e)(2)(A); (3) §924
relating to illegal interstate acquisition,
receipt, possession, and transfer of
firearms in violation of various
subsections; (4) §1028 and §1029
CRS-10
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
relating to fraud and related activity in
connection with identification
documents or access devices; (5)
§1503 relating to obstruction of
justice; (6) §1510 relating to
obstruction of criminal investigations;
(7) §1512 relating to tampering with a
witness, victim, or informant, or
§1513 relating to retaliating against a
witness, victim, or informant; (8)
§1708 relating to theft of stolen mail
matter; (9) §1951 relating to
interference with commerce, robbery
or extortion; (10) §1952 relating to
racketeering; (11) §1956 relating to
money laundering; (12) §1957 relating
to engaging in monetary transactions
in property derived from unlawful
activity; (13) §1958 relating to use of
interstate commerce facilities in the
commission of murder-for-hire; or
(14) §2312-§2315 relating to interstate
transportation of stolen motor vehicles
or stolen property.
Also, predicate gang crime includes
offenses under the Immigration and
Nationality Act, including (1) §274
relating to harboring certain aliens; (2)
§277 relating to aiding or assisting
CRS-11
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
certain aliens to enter the United
States; or (3) §278 relating to
importation of aliens for immoral
purposes. [Section 102]
Penalties
18 U.S.C. 521 provides penalties
For predicate gang crime, establishes
Establishes penalties for gang crimes:
Identical to H.R. 1279. [Section 801]
for criminal street gang crimes
the following penalties: (1) a fine
(1) if crime results in death of any
involving activities that affect
under Title 18, imprisonment for not
person, death or life imprisonment; (2)
interstate or foreign commerce to
more than 30 years, or both; and (2) if
if crime is kidnapping, aggravated
increase by up to 10 years. Includes the violation is based on a predicate
sexual abuse, or maiming, life
the following crimes: (1) a federal
gang crime for which the maximum
imprisonment or any term of years not
felony involving a controlled
penalty includes life imprisonment, a
less than 30; (3) if crime is assault
substance; (2) a federal felony
fine under Title 18, imprisonment for
resulting in serious bodily injury, life
crime of violence; and (3) a
any term of years or for life, or both.
imprisonment or any term of years not
conspiracy to commit certain
[Section 102]
less than 20; and in any other case, life
offenses. Provides penalties, if
imprisonment or for any term of years
convicted, of up to 10 additional
not less than 10 years. [Section 101]
years of imprisonment to the
sentence for the underlying federal
crime.
CRS-12
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Forfeiture
No provision.
Requires the court, in imposing
Similar to S. 155, except authorizes
Identical to H.R. 1279. [Section 801]
sentence on a person convicted of such criminal forfeiture, but not civil
an offense, to require that the
confiscation. [Section 101]
defendant forfeit to the United States
government any property, real or
personal, constituting or traceable to
gross proceeds obtained from such
offense; and any property used or
intended to be used, in any manner or
part, to commit or to facilitate the
commission of such violation. Such
criminal forfeitures would be governed
by procedures set out in §413 of the
Controlled Substances Act (21 U.S.C.
853), other than subsection (d), and
rule 32.2 of the Federal Rules of
Criminal Procedure. The same
property would be subject to civil
confiscation under the procedures
found in Chapter 46 of 18 U.S.C. 981,
986, on Civil Forfeiture. [Section 102]
CRS-13
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Money
18 U.S.C. 1956(c)(7)(D) provides,
No provision.
Amends §1956(c)(7)(D) by adding
Identical to H.R. 1279. [Section
Laundering
among other things, that it is
Ҥ521 (relating to criminal street gang
801(c)]
unlawful for whoever, knowing
prosecutions)” to the existing list of
that the property involved in a
unlawful activities punishable under
financial transaction represents the
this section of the law.
proceeds of some form of unlawful
[Section 101(c)]
activity, conducts or attempts to
conduct a financial transaction
which in fact involves the proceeds
of a specified unlawful activity,
and could be subject to penalties
that include a fine of not more than
$500,000 or twice the value of the
property involved in the
transaction, whichever is greater, or
imprisonment for not more than 20
years, or both. Proceeds traceable
to money laundering offenses are
subject to civil confiscation under
18 U.S.C. 981.
Definition of
Defines ‘state’ as a state of the
Defines ‘state’ as
the several states of
Identical to S. 155. [Section 101]
Identical to H.R. 1279. [Section 801]
State
United States, the District of
the United States, the District of
Columbia, any commonwealth,
Columbia, and any commonwealth,
territory, or possession of the
territory, or possession of the United
United States.
States. [Section 102]
CRS-14
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Carjacking
18 U.S.C. 2119 defines carjacking
No provision. (See Section 105(e),
Amends § 2119 (carjacking) similarly
Similar to H.R. 1279, except provides
as taking a car from someone by
below)
to S. 155, except adds that it is
that if serious bodily injury occurs,
force and violence or intimidation
unlawful to
conspire to take a motor
penalties include a fine under Title 18
with the intent to cause death or
vehicle in a carjacking. Increases
and imprisonment for any term of
serious bodily harm. Provides the
penalties to a fine under Title 18 or not years or for life. [Section 803(a)]
following penalties: (1) a fine
more than 20 years’ imprisonment, or
under Title 18 or imprisonment for
both; and if serious bodily injury
not more than 15 years, or both; (2)
occurs, a fine under Title 18,
if serious bodily injury occurs, a
imprisonment of not less than 10 years
fine, imprisonment for not more
nor more than 30 years’ imprisonment,
than 25 years, or both; and (3) if
or both.
death occurs, a fine or
[Section 103(a)]
imprisonment for any number of
years up to life, or both, or
sentenced to death.
Violent Crimes
No provision.
Amends Chapter 26 Title 18 U.S.C., as No provision. (See “Penalties,”
No provision. (See “Penalties,”
in Furtherance
amended by section 101 of the bill, by
Section 101, above.)
Section 801, above.
or in Aid of
adding at the end a new Ҥ523.
Criminal Street
Violent Crimes Related to Criminal
Gangs
Street Gangs.” Requires that any
person who is in a criminal street gang
or involved in various direct and
indirect manners, or that profits from
such an association, and who commits
certain violent crimes, be subject to
certain additional and consecutive
penalties provided for any other
criminal street gang violations: (1) for
murder, by death or imprisonment for
CRS-15
Short Title
Current Law
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H.R. 1279
H.R. 4472
any term of years or for life, a fine
under Title 18, or both; (2) for
kidnapping or sexual assault, by
imprisonment for any term of years or
for life, a fine, or both; (3) for
maiming, by imprisonment for any
term of years or life, a fine , or both;
(4) for assault with a dangerous
weapon or assault resulting in serious
bodily injury, by imprisonment for not
more than 30 years, a fine, or both; (5)
for any other crime of violence, by
imprisonment for not more than 20
years, a fine, or both; (6) for
threatening to commit a crime of
violence listed in items 1-4 of this
section of the bill, by imprisonment
for not more than 10 years, a fine, or
both; (7) for attempting or conspiring
to commit murder, kidnapping,
maiming, or sexual assault, by
imprisonment for not more than 30
years, a fine, or both; and (8) for
attempting or conspiring to commit a
crime involving assault with a
dangerous weapon or assault resulting
in serious bodily injury, by
imprisonment for not more than 20
years, a fine, or both. [Section 103]
CRS-16
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Interstate and
18 U.S.C. 1952 establishes the
Amends §1952 by expanding the
Similar to S. 155, except makes it
Identical to H.R. 1279. [Section 807]
Foreign Travel
definitions and penalties for crimes conditions under which it is unlawful
unlawful to
conspire to commit crimes
or
related to racketeering that apply to to use interstate and foreign travel or
relating to racketeering. Increases the
Transportation
any individual who travels in
transportation in aid of racketeering
penalties for distributing the proceeds
in Aid of
interstate or foreign commerce or
enterprises to include anyone who
of any unlawful activity, and
Racketeering
uses the mail or any facility in
performs or
conspires to perform an
promoting, managing, or facilitating
Enterprises and
interstate or foreign commerce with unlawful act under §1952. Increases
the promotion, management,
Criminal Street
the
intent to: (1) distribute the
the penalty for distribution of proceeds establishment, or carrying on, of any
Gangs
proceeds of any unlawful activity;
and promoting, managing,
unlawful activity, to imprisonment for
(2) commit any crime of violence
establishing, carrying on, or
not less than five and not more than 20
to further any unlawful activity; or
facilitating the promotion,
years. For violations where the
(3) otherwise promote, manage,
management, establishment, or
offender travels in interstate or foreign
establish, carry on, or facilitate the
carrying on of any unlawful activity.
commerce or uses the mail or any
promotion, management,
Penalties for such unlawful activity
facility of interstate commerce with
establishment, or carrying on, of
would be a fine under Title 18, not
the intent to commit any crime of
any unlawful activity, and
more than 10 years’ imprisonment, or
violence to further any unlawful
thereafter performs or attempts to
both for non-violent crimes; and for
activity, the penalty would be a fine
perform an act described in (1) or
violent crimes, if death results, the
under Title 18 and imprisonment for
(3), above; or an act described in
penalty for such a crime could be
not less than 10 nor more than 30
(2), above, are subject to the
punishable by death, would be
years. If death results, the offender
following penalties: for offenses
imprisonment for any term of years or
would be required to be sentenced to
described under (1) and (3),
life, or both.
death or imprisonment for any term of
offenders are subject to a fine
years or for life. [Section 102]
under Title 18, imprisonment for
Adds that anyone who travels in
not more than five years or both,
interstate or foreign commerce or uses
and for violent crimes under (2), a
the mail or any facility in interstate or
fine under Title 18, imprisonment
foreign commerce with the intent to
of not more than 20 years, or both,
kill assault, bribe, force, intimidate, or
and if death occurs, imprisonment
threaten any person to delay or
for any term of years or life
influence the testimony of, or prevent
CRS-17
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
imprisonment.
them from testifying as a witness in a
state criminal proceeding, if found
guilty, would be fined and imprisoned
for any term of years, or both. If death
results, the penalty could be death or
imprisonment for any term of years or
life. Makes the intimidation of, or
retaliation against, a witness, victim,
juror, or informant unlawful activities
under this section. [Section 104]
Assault
18 U.S.C. 113(a)(3) specifies that
Amends §113(a)(3) by striking the
No provision.
No provision.
(Area of Exclusive
assault with a dangerous weapon,
requirement “with intent to do bodily
Federal
with intent to do bodily harm, and
harm and without just cause or
Jurisdiction)
without just cause or excuse is
excuse” from the description of assault
punishable by a fine under Title 18
with a dangerous weapon. Penalties
or imprisonment for not more than
for this offense remain the same.
10 years, or both.
[Section 105(a)]
Aggravated
No provision.
No provision.
Defines
aggravated sexual abuse as an Identical provision. [Section 801]
Sexual Abuse
offense that, if committed in the
(Area of Exclusive
special maritime and territorial
Federal
jurisdictions would be an offense
Jurisdiction)
under 18 U.S.C. 2241(a), which
provides penalties for knowingly
causing another person to engage in a
sexual act by force or threat or fear of
serious bodily injury or kidnapping, or
by rendering another person
unconscious or administering a drug,
CRS-18
Short Title
Current Law
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H.R. 1279
H.R. 4472
intoxicant or other similar substance
that impairs the ability to control their
conduct. [Section 101]
Manslaughter
18 U.S.C. 1112(b) provides the
Amends §1112(b) by increasing the
No provision.
No provision.
(Area of Exclusive
penalties for manslaughter within
imprisonment maximum penalty for
Federal
the special maritime and territorial
voluntary manslaughter from 10 to 20
Jurisdiction)
jurisdictions. For voluntary
years, and for involuntary
manslaughter, a fine under Title 18 manslaughter from 6 to 10 years.
or imprisonment of not more than
[Section 105(b)]
10 years, or both. For involuntary
manslaughter, a fine or
imprisonment of not more than six
years, or both.
Offenses
18 U.S.C. 1153(a) provides for the
Amends §1153(a) by adding that for
No provision.
No provision.
Committed
application of exclusive federal
willfully or maliciously destroying or
Within Indian
jurisdiction offenses committed
injuring or attempting to destroy or
Country
within Indian Country and the
cause injury to the real or personal
(Area of Exclusive
penalties for such offenses.
property of another where the property
Federal
is a dwelling or a life is jeopardized.
Jurisdiction)
[Section 105(c)]
Racketeer
18 U.S.C. 1961(1) relating to
Amends §1961(1)(A) by adding
Identical to S. 155. [Section 108]
Identical to S. 155 and H.R. 1279.
Influenced and
Racketeer Influenced and Corrupt
certain crimes that would have been
[Section 808]
Corrupt
Organizations (RICO), defines
included within the definition had they
Organizations
racketeering activity as (A) any act not been committed in Indian Country
(Area of Exclusive
or threat involving murder,
or some other area of exclusive federal
Federal
kidnapping, gambling, arson,
jurisdiction.
Jurisdiction)
robbery, bribery, extortion, dealing
in obscene matter, or dealing in
Amends §1961(1)(B) by adding §1123
CRS-19
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Current Law
S. 155
H.R. 1279
H.R. 4472
controlled substances which are
(relating to multiple interstate murder)
chargeable under state law and
to the list of crimes that are indictable
punishable by imprisonment for
under Chapter 96 of Title 18 (RICO).
more than one year; (B) any act
[Section 105(d)]
which is indictable under certain
offenses provided for under Title
18.
18 U.S.C. 1151 defines
Indian
country as all land within the limits
of any Indian reservation under the
jurisdiction of the United States
government, all dependent Indian
communities within the borders of
the United States, and all Indian
allotments.
Carjacking
18 U.S.C. 2119 defines carjacking
Amends §2119 by striking the
No provision. (See Section 103(a),
No provision. (See Section 803(a),
(Area of Exclusive
as taking a car from someone by
requirement that in the commission of
above)
above)
Federal
force and violence or intimidation
the crime of carjacking there must be
Jurisdiction)
with the intent to cause death or
intent to cause death or serious bodily
serious bodily harm. Provides the
harm. [Section 105(e)]
following penalties: (1) a fine
under Title 18 or imprisonment for
not more than 15 years, or both; (2)
if serious bodily injury occurs, a
fine, imprisonment for not more
than 25 years, or both; and (3) if
death occurs, a fine or
imprisonment for any number of
CRS-20
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
years up to life, or both, or
sentenced to death.
Conspiracy
18 U.S.C. 371 provides that if two
No provision.
Amends §371 to increase the penalty
Identical to H.R. 1279. [Section
(Area of Exclusive
or more persons conspire either to
to a fine or imprisonment of not more
803(d)]
Federal
commit any offense against the
than 20 years, or both. [Section
Jurisdiction)
United States, or to defraud the
103(d)]
United States, or any agency
thereof in any manner or for any
purpose, each shall be fined under
Title 18, imprisoned not more than
five years, or both.
If, however, the offense, the
commission of which is the object
of the conspiracy, is a
misdemeanor only, the punishment
for such conspiracy shall not
exceed the maximum punishment
provided for such misdemeanor.
Illegal Gun
18 U.S.C. 924(h) provides
Amends §924(h) to add anyone who
Amends §924(h) similarly to S. 155,
Similar to H.R. 1279, except the
Transfers
penalties of not more than 10
knowingly transfers a firearm knowing except includes language that provides penalty is, in addition to the fine,
(Area of Exclusive
years’ imprisonment, a fine, or
that it will be used to commit, or
that whoever
in, or affecting, interstate imprisonment for not more than 20
Federal
both, for anyone who knowingly
possessed in furtherance of, a crime of
or foreign commerce knowingly
years. [Section 803(b)]
Jurisdiction)
transfers a firearm for use in the
violence or drug trafficking crime.
transfers a firearm; and provides
commission or furtherance of a
[Section 105(f)]
penalties for illegal gun transfers that
crime of violence or drug
require that the individual be fined
and
trafficking.
imprisoned not less than 5 years, and
not more than 20 years.
[Section 103(b)]
CRS-21
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Special
18 U.S.C. 3582(d) permits the
Amends §3582 by permitting that an
Similar to S. 155, except amends
Identical to H.R. 1279.
Sentencing
courts to impose on defendants, at
order to limit criminal association of
§3582 on special sentencing
[Section 803(c)]
(Area of Exclusive
sentencing, who are convicted of a
organized and drug offenders could be provisions relating to criminal
Federal
felony under Chapter 95
included by the court when imposing
association, but includes the
Jurisdiction)
(Racketeering) or Chapter 96
imprisonment sentences on individuals defendants’ attorneys among those
(RICO), an order to limit criminal
convicted under §521(criminal street
who may be included on the “no
association of organized crime and
gangs) or §522 (violent crimes in
contact” list. [Section 103(c)]
drug offenders, which is intended
furtherance or in aid of criminal street
to keep defendants from
gangs) created by the bill, so that
associating or communicating with
criminal street gang defendants also
certain persons while in prison,
could be prohibited from associating
because that might enable a
or communicating with any
defendant to control, manage,
individuals who also might help such
direct, finance or otherwise
defendant run a criminal street gang
participate in an illegal enterprise
from prison. [Section 105(g)]
from prison.
Conforming
18 U.S.C. 3663 permits the court,
Makes a conforming amendment to
Identical to S. 155. [Section 101(b)]
Identical to H.R. 1279. [Section
Amendment on
when sentencing a defendant, to
§3663 to replace the references to
803(b)]
Orders of
order that the defendant make
Chapters 46 and 96 and inserts the
Restitution
restitution to any victim of such
new Ҥ521 (Criminal Street Gangs),
(Area of Exclusive
offense, or if the victim is
under Chapter 46 or 96,” so that orders
Federal
deceased, to the victim’s estate, in
of restitution in criminal street gang
Jurisdiction)
misdemeanor cases. §3663(c)(4)
cases must yield to government
prohibits the court from making an
forfeiture interests under Chapter 46 or
award in cases when there is no
96. [Section 105(h)]
identifiable victim and such an
award would interfere with a
forfeiture under Chapter 46
(Forfeiture) or Chapter 96 (RICO)
CRS-22
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S. 155
H.R. 1279
H.R. 4472
of Title 18.
Special
18 U.S.C. 3559(e) provides a
Provides a special provision for Indian No provision.
No provision.
Provisions for
mandatory minimum life
country requiring that no person
Indian Country
imprisonment penalty for repeated
subject to the criminal jurisdiction of
sexual offenses against children.
an Indian tribal government would be
subject to 18 U.S.C. 3559(e) for any
offense for which federal jurisdiction
is solely predicated on Indian country
and which occurs within the
boundaries of such Indian country
unless the governing body of such
Indian tribe elects to subject persons
under the criminal jurisdiction of the
tribe provided in 18 U.S.C. 3559(e).
[Section 105(I)]
Penalties For
18 U.S.C. 1958 specifies that it is
Amends §1958 to require that
Amends §1958 to make it unlawful to
Similar to H.R. 1279, except the
Use of Interstate unlawful for anyone to travel in, or individuals found guilty under this
travel or cause another to travel with
penalties differ as follows: (2) if the
Commerce
cause another (including the
section may be: (1) fined under Title
the intent to commit another crime of
crime of violence is kidnapping,
Facilities in the
intended victim) to travel in
18
and required to be imprisoned for
violence that is a felony. Requires that aggravated sexual abuse, maiming, or
Commission of
interstate or foreign commerce, or
not more than 20 years; (2) if personal defendants be fined and in addition
conspiracy to commit such crimes of
Murder-For-Hire
use or cause another to use the mail injury results, fined and required to be
subject to imprisonment as follows:
violence, imprisonment for any term
and Other
or any facility of interstate or
imprisoned for not more than 30 years, (1) if the crime of violence or
or years or for life; (3) if the crime of
Felony Crimes
foreign commerce, with the intent
and (3) if death results, fined not more conspiracy results in death, sentenced
violence is an assault, or conspiracy to
of Violence
to commit murder-for-hire and
than $250,000 and required to be
to death or life in prison; (2) if the
commit assault, that results in serious
other violent felonies-for-hire
punished by death or imprisoned for
crime of violence is kidnapping,
bodily injury, imprisonment for not
violations. Penalties for such
any term of years or for life, or both.
aggravated sexual abuse, maiming, or
more than 30 years or for life; and (4)
violations are (1) a fine under Title [Section 106]
conspiracy to commit such crimes of
in any other case, imprisonment for
18 or imprisonment for not more
violence, imprisonment for life or any
not more than 20 years. [Section 804]
CRS-23
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Current Law
S. 155
H.R. 1279
H.R. 4472
than 10 years, or both; (2) if
term of years not less than 30; (3) if
personal injury results, the
the crime of violence is an assault, or
defendant is required to be fined or
conspiracy to commit assault, that
imprisoned for not more than 20
results in serious bodily injury,
years, or both; (3) if death results,
imprisonment for life or any term of
the defendant is required to be
years not less than 20; and (4) in any
punished by death or life
other case, imprisonment for life or for
imprisonment, or be fined not more
any term of years not less than 10.
than $250,000, or both.
[Section 104]
Penalties For
18 U.S.C. 1959(a) provides
Amends §1959 making it unlawful for
Similar to S. 155, except adds that it is Similar to H.R. 1279, except requires,
Violent Crimes
penalties for whomever, as
any person who, for the receipt of, or
unlawful to
conspire to commit or
in addition to the fine, the following
in Aid of
consideration for the receipt of, or
as consideration for a promise or
threaten or attempt to commit a crime
penalties: (2) if the crime of violence
Racketeering
as consideration for a promise or
agreement to pay, to engage in
of violence for any type of
is kidnapping, aggravated sexual
Activity
agreement to pay, anything of
racketeering activity
in furtherance or
consideration or pay from any
abuse, as defined in the bill, or
pecuniary value from an enterprise
in aid of an enterprise engaged in
enterprise involved in racketeering.
maiming, imprisonment or any term of
engaged in racketeering activity, or
racketeering activity, commits murder, Requires increased penalties that
years or for life; (3) if the crime of
for the purpose of gaining entrance kidnapping, maiming, assault, or other subject those convicted to a fine under violence is assault resulting in serious
to or maintaining or increasing
specified violent crimes. Adds
sexual
Title 18, unless the death penalty is
bodily injury, defined in 18 U.S.C.
position in an enterprise engaged in
assault to the list of violent crimes
imposed. Requires, in addition to the
1365, imprisonment for not more than
racketeering activity, and as part of under this subsection. Requires that
fine, the following penalties: (1) if the 30 years or for life; and (4) in any
that activity murders, kidnaps,
the penalties provided by this section
crime of violence results in death of
other case, imprisonment for not more
maims, assaults with a dangerous
of the bill are
in addition and
any person, the sentence is death or
than 20 years. [Section 805]
weapon, commits assault resulting
consecutive to the punishments
life in prison; (2) if the crime of
in serious bodily injury upon any
provided for any other violation in this violence is kidnapping, aggravated
individual, or threatens to commit a
Chapter (Chapter 95, Racketeering).
sexual abuse, as defined in the bill, or
crime of violence against any
Increases the penalties to: (1) for
maiming, the sentence is life
individual in violation of state or
murder, by death or imprisonment for
imprisonment or any term of years not
federal laws. Penalties for such
any term of years or for life, a fine, or
less than 30; (3) if the crime of
offenses are: (1) for murder, by
both; (2) for kidnapping, sexual
violence is assault resulting in serious
CRS-24
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Current Law
S. 155
H.R. 1279
H.R. 4472
death or life imprisonment, or both; assault, or maiming, by imprisonment
bodily injury, defined in 18 U.S.C.
and for kidnapping, by
for any term of years or for life, a fine, 1365, imprisonment for life or for any
imprisonment for any term of years or both; (3) for assault with a
term of years not less than 20; and (4)
or for life, a fine, or both; (2) for
dangerous weapon or assault resulting
in any other case, imprisonment for
maiming, imprisonment for not
in serious bodily injury, or for
life or any term of years not less than
more than 30 years, a fine, or both; attempting or conspiring to commit
10.
(3) for assault with a dangerous
murder, kidnapping, maiming, or
[Section 105]
weapon or assault resulting in
sexual assault, by imprisonment for
serious bodily injury,
not more than 30 years, a fine, or both;
imprisonment for not more than 20
(4) for threatening to commit a crime
years, a fine, or both; (4)
of violence, by imprisonment for not
threatening to commit a crime of
more than 10 years, a fine, or both;
violence, imprisonment for not
and (5) for attempting or conspiring to
more than five years, a fine, or
commit assault with a dangerous
both; (5) attempting or conspiring
weapon or assault which would result
to commit murder or kidnapping,
in serious bodily injury, by
by imprisonment for not more than
imprisonment for not more than 20
10 years, a fine, or both; and (6) for years, a fine, or both.
attempting or conspiring to commit [Section 107]
a crime involving maiming, assault
with a dangerous weapon or assault
resulting in serious bodily injury,
by imprisonment for not more than
three years, a fine, or both.
Adds a new section regarding venue
Identical to H.R. 1279.
requiring that prosecution for a
[Section 805]
violation under this section would
permit the case to be brought in the
judicial district in which the crime of
CRS-25
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
violence occurred, or in any judicial
district in which racketeering activity
of the enterprise occurred.
[Section 105]
Murder and
21 U.S.C. 841 et seq. defines
Amends Part D of the Controlled
Similar to S. 155, except requires that, Identical to H.R. 1279. [Section 806]
Other Violent
unlawful acts and penalties related
Substances Act (21 U.S.C. 841 et seq.) for committing violent crimes during
Crimes
to drug trafficking offenses.
by adding a new section on violent
and in relation to a drug trafficking
Committed
crimes committed during and in
crime, defendants be subject to a fine
During and in
relation to a drug trafficking crime.
under Title 18 unless the death penalty
Relation to a
Requires that any person, who during
is imposed. Establishes increased
Drug Trafficking
and in relation to any drug trafficking
penalties for such crimes that require
Crime
crime, commits, conspires to commit,
(1) if the crime of violence results in
or threatens to commit murder,
death of any person, by death or life in
kidnapping, sexual assault, maiming,
prison; (2) if the crime of violence is
assault with a dangerous weapon,
kidnapping, aggravated sexual abuse
assault resulting in serious bodily
(as defined in the bill), or maiming,
injury, any other crime or threat to
by life imprisonment or any term of
commit a crime of violence against
years not less than 30; (3) if the crime
any individual, or attempts or
of violence is assault resulting in
conspires to do so, is subject to
serious bodily injury (defined in 18
penalties, in addition and consecutive,
U.S.C. 1365), by imprisonment for life
to any penalties imposed for the drug
or for any term of years not less than
trafficking crime. Such additional
20; and (4) in any other case, by
penalties include (1) for murder, by
imprisonment for life or any term of
death or imprisonment for any term of
years not less than 10.
years or for life, a fine under Title 18,
[Section 106]
or both; (2) in the case of kidnapping
or sexual assault, by imprisonment for
any term of years or for life, a fine
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Current Law
S. 155
H.R. 1279
H.R. 4472
under Title 18, or both; (3) for
maiming, by imprisonment for any
term of years or for life, a fine under
Title 18, or both; (4) in the case of
assault with a dangerous weapon or
assault resulting in serious bodily
injury, by imprisonment not more than
30 years, a fine under Title 18, or
both; (5) in the case of committing any
other crime of violence, by
imprisonment for not more than 20
years, a fine under Title 21, or both;
(6) in the case of threatening to
commit a crime of violence specified,
listed above, in items (1) through (4),
by imprisonment for not more than 10
years, a fine under Title 18, or both;
(7) in the case of attempting or
conspiring to commit murder,
kidnapping, maiming, or sexual
assault, by imprisonment for not more
than 30 years, a fine under Title 18, or
both; and (8) in case of attempting or
conspiring to commit a crime
involving assault with a dangerous
weapon or assault resulting in serious
bodily injury, by imprisonment for not
more than 20 years, a fine under Title
18, or both.
CRS-27
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Current Law
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Permits prosecution for a violation
No explicit provision on applicable
No explicit provision on applicable
under this section to be brought to trial death penalty procedures.
death penalty procedures.
in the judicial district in which the
murder or other crime of violence
occurred, or in any judicial district in
which the drug trafficking crime could
be prosecuted.
Requires that a defendant who is found
guilty of an offense under this section
for which a death sentence is provided
be subject to the provisions of Chapter
228 of Title 18 (Sentence of Death).
Provides definitions of (1)
crime of
Amends 18 U.S.C. 16(b) to include a
Similar to S. 155, uses definition in
violence to be the same as that in 18
definition of
crime of violence as any
current law for
crime of violence at 18
U.S.C. 16, an offense where an
offense punishable by imprisonment
U.S.C. 16. [Section 806]
individual would use or attempt to use
for more than one year and that, by its
or threaten to use physical force
nature, involves a substantial risk that
against the person or property of
physical injury may result to the
another, or any other offense that is a
person or property of another, or is an
felony and involves a substantial risk
offense punishable under
that physical force against the person
§401(b)(1)(A), (B), or (C) of the
or property of another may be used in
Controlled Substances Act.
the course of committing the offense;
[Section 112]
and (2)’drug trafficking crime’ has the
meaning given the term in 18 U.S.C.
924(c)(2), any felony punishable under
the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled
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Current Law
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Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
Includes a clerical amendment to add
the new §424 to the table of contents
for the Controlled Substances Act.
[Section 108]
Designation of
No provision.
Creates a new designation which
Similar to S. 155, except does not
No provision.
and Assistance
authorizes the Attorney General, after
include provision regarding instances
for “High
consultation with the Governors of
where an HIGAA overlaps with an
Intensity”
appropriate states, to designate high
HIDTA.
Interstate Gang
intensity interstate gang activity areas
Activity Areas
(HIGAA) that are located within one
Requires the Attorney General to
or more states. If HIGAA goals and
provide all necessary funding for
high intensity drug trafficking area
national and regional meetings of
(HIDTA) goals overlap in an area,
criminal street gang enforcement
permits the Attorney General to merge teams, and all other related
the two designations to serve as a dual
organizations, as needed, to ensure
purpose entity. Requires the Attorney
effective operation of such teams
General to consult with local elected
through sharing of intelligence, best
officials of the
practices, and for any other related
communities on the proposed
purposes.
designations.
Includes the Directorate of Border and
Requires the Attorney General to
Transportation Security of the
establish criminal street gang
Department of Homeland Security to
enforcement teams made up of federal, provide agents and officers, where
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Current Law
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H.R. 4472
state, and local law enforcement
feasible for the criminal street gang
authorities to coordinate the
enforcement teams.
investigation, disruption,
apprehension, and prosecution of
Authorizes the Attorney General,
criminal street gangs and offenders in
acting through the Director of the
each HIGAA. Requires the Attorney
Bureau of Alcohol, Tobacco,
General to direct the reassignment or
Firearms, and Explosives (ATF), to
detailing from any federal department
hire100 additional inspectors and 100
or agency personnel to each criminal
additional agents, and require that each
enforcement team and provide all
inspector and agent hired be assigned
necessary funding for the operation of
to a HIGAA.
the team in each HIGAA.
Authorizes: (1) $60 million for each
To provide federal assistance to
of the fiscal years 2006-2010 to carry
HIGAAs, requires the establishment of out the HIGAAs; (2) $7.5 million for
criminal street gang enforcement
each of the fiscal years 2006-2010 to
teams consisting of agents and officers carry out the hiring of 94 additional
from the Bureau of Alcohol, Tobacco,
Assistant U.S. Attorneys; and (3) $20
Firearms, and Explosives (ATF); the
million for each of fiscal years 2006-
Department of Homeland Security
2010 to carry out the hiring of 100
(DHS); the Department of Housing
additional inspectors and 100
and Urban Development (HUD); the
additional agents for ATF. [Section
Drug Enforcement Administration
201]
(DEA); the Internal Revenue Service
(IRS); the Federal Bureau of
Investigation (FBI); the U.S.
Marshal’s Service (USMS); the United
States Postal Service (USPS); state and
local law enforcement; and federal,
state and local prosecutors.
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In considering an area for HIGAA
designation, requires the Attorney
General to consider the current and
predicted levels of gang crime activity
in an area; the extent to which violent
crime in the area appears to be related
to criminal street gang activity; the
extent to which state and local law
enforcement agencies have committed
resources to respond to the gang crime
problem and participate in a gang
enforcement team; the extent to which
a significant increase in the allocation
of federal resources would enhance
local response to gang crime activities
in the area; and other criteria the
Attorney General considers
appropriate.
Authorizes appropriations of $100
million for each of the fiscal years
2005 to 2009 for the HIGAA program.
Requires that amounts made available
in each fiscal year be allocated so that
50% is used to fund criminal street
gang enforcement teams, and 50% is
used to make grants available for
community-based programs to provide
crime prevention, research, and
intervention services designed for
CRS-31
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gang members and at-risk youth in
these HIGAAs.
The
Consolidated Appropriations
Requires the Attorney General to
Requires the Attorney General to
Act, 2005, P.L. 108-447,
report to Congress by February 1st of
establish a National Gang Intelligence
authorized the establishment of a
each year describing each HIGAA
Center to be housed and administered
National Gang Intelligence Center
long-term and short-term goals and
by the FBI to collect, analyze, and
(NGIC) administered by the FBI.
objectives; the measurements used to
disseminate gang activity information
The NGIC is designed to serve as a evaluate the performance of each
from the FBI, and all of the federal
“clearinghouse” for information on HIGAA in achieving long-term and
bureaus and agencies participating in a
gang intelligence of national and
short-term goals; the age, composition, HIGAA criminal street gang
international significance to help
and membership of gangs; and the
enforcement team. Requires the
address the most violent gangs
definition of the term
gang used to
Center to annually submit to Congress
throughout the country. The NGIC compile the report. [Section 110]
a report on gang activity.
will collect intelligence from the
FBI, ATF, and other affected
federal agencies. P.L. 108-447
Requires the Attorney General to
provides funding for FY2005 of
establish national and regional gang
$1.754 million to establish the
activity databases, with funds
center and provides $8.246 million
authorized for appropriation under this
for additional agents, analysts, and
section, for each region with a
support staff.
designated HIGAA and a national
database that replicates the
information in the regional databases.
[Section 201]
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Publicity
No provision.
No provision.
Authorizes the Attorney General to
No provision.
Campaign About
conduct media campaigns in those
New Criminal
areas designated as HIGAAs and in
Penalties
those areas with existing and emerging
gang problems to help educate
individuals about changes to the
criminal penalties made by the bill;
and to report to the Committee on the
Judiciary of the House of
Representatives on the amount of
expenditures and all other aspects of
the media campaign. [Section 116]
Enhancement of Project Safe Neighborhoods (PSN) Requires the Attorney General to
No provision on PSN, except
No provision on PSN, except
Project Safe
is a national program designed to
expand the PSN program while
authorizes the Attorney General to hire authorizes grants to state and local
Neighborhoods
reduce gun crime by linking
maintaining its focus as a
94 additional Assistant U.S. Attorneys prosecutors to fight violent crime and
Initiative to
federal, state, and local law
comprehensive, strategic approach to
to carry out the provisions of the
protect witnesses and victims of crime.
Improve
enforcement, prosecutors, and
reducing gun violence in the United
HIGAAs, described above in Section
(See Section 901 of the bill, described
Enforcement of
community leaders. PSN task
States. Requires that each U.S.
201 of the bill.
below.)
Criminal Laws
forces develop strategies to reduce
Attorney: (1) identify, investigate, and [Section 201(e)]
Against Violent
gun crime by prosecuting violent
prosecute significant criminal street
Gangs
gun offenders, intensifying federal
gangs operating within their district;
gun law enforcement using
(2) coordinate the identification,
technology and intelligence-
investigation, and prosecution of
gathering techniques to map crime, criminal street gangs among federal,
identify gun hotspots, trace seized
state, and local law enforcement
crime guns, and use ballistics
agencies; and (3) coordinate and
technology. Prevention, education, establish criminal street gang
community outreach and public
enforcement teams within each U.S.
awareness are essential elements of Attorney’s district.
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S. 155
H.R. 1279
H.R. 4472
the program.
Authorizes the Attorney General to
hire Assistant U.S. Attorneys, non-
attorney coordinators, or paralegals for
the PSN program. Authorizes
appropriations of $7.5 million for each
of the fiscal years 2005-2009. [Section
111]
Additional
The Safe Streets Program aligns
Authorizes the Attorney General to
No provision.
No provision.
Resources For
FBI agents with local law
require the FBI to increase funding for
the FBI to
enforcement investigators, and
the Safe Streets Program and support
Investigate and
federal and state prosecutors, to
the criminal street gang enforcement
Prosecute
reduce violent crime. Safe Streets
teams established under section 110(b)
Violent Criminal
task forces are focused on violent
of the bill on HIGAAs.
Street Gangs
gangs, crimes of violence, drug-
(Area of Exclusive
related crimes, and the
Authorizes appropriations of $5
Federal
apprehension and prosecutions of
million for each of the fiscal years
Jurisdiction)
violent fugitives.
2005-2009. Any amounts
appropriated would remain available
until expended. [Section 112]
Grants to
The Violent Crime Control and
Amends §31702 to permit funds under Similar provision to S. 155, except
Similar provision to H.R. 1279.
Prosecutors and Law Enforcement Act of 1994 (42
this program to be used to hire
permits grant funds to be used to fund
[Section 901]
Law
U.S.C. 13862), includes the
additional prosecutors so that more
technology, equipment, and training
Enforcement to
Community-Based Justice Grants
cases could be prosecuted and to
for prosecutors to increase the accurate
Combat Violent
for Prosecutors program in §31702. reduce of cases; fund technology,
identification and successful
Crime and to
equipment, and training for
prosecution of young violent
Protect
prosecutors and law enforcement to
offenders; and does not include
CRS-34
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Current Law
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H.R. 1279
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Witnesses and
increase the accurate identification of
provisions related to the witness and
Victims of
gang members and violent offenders,
victim protection programs.
Crimes
and maintain databases of this
(Area of Exclusive
information to facilitate coordination
Federal
among law enforcement and
Jurisdiction)
prosecutors; and create and expand
witness and victim protection
programs to prevent threats,
intimidation, and retaliation against
victims of, and witnesses to, violent
crimes.
Authorizes appropriations of $20
million for each of the fiscal years
2005-2009, and specifies that in each
fiscal year 60% of the appropriated
funds are required to be used for the
victim and witness protection
programs to prevent threats,
intimidation, and retaliation against
victims of, and witnesses to, violent
crimes. [Section 113]
Reauthorization
The Gang Resistance Education
Amends the Violent Crime Control
No provision.
Similar to S. 155, except authorizes
of the Gang
and Training (G.R.E.A.T.) program Act of 1994, which originally
$20 million for each of the fiscal years
Resistance
is a school-based prevention
authorized the G.R.E.A.T. program, to
2006 through 2010. [Section 902]
Education and
program targeting middle-school
authorize appropriations of $20
Training
students which is administered by
million for each of the fiscal years
Projects
ATF.
2005-2009. [Section 114]
Program
CRS-35
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Current Law
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Multiple
Chapter 51 of 18 U.S.C. provides
Amends Chapter 51 of Title 18,
Similar to S. 155, except establishes
Similar to H.R. 1279, except
Interstate
for homicide offenses and the
adding a new Ҥ1123. Multiple
penalties for whoever travels in or
establishes different penalties that
Murder
penalties for such crimes.
murders in furtherance of common
causes another, including the intended
include, (2) if the offense results in
scheme of purpose.” Establishes
victim, to use the mail or any facility
serious bodily injury (as defined in
penalties for homicides in which
of interstate or foreign commerce, or
§1365), imprisonment for any term of
individuals who had committed one or attempts to do so, with the intent that
years or life; and (3) in any other case,
more murders, then move or travel in
two or more intentional homicides be
imprisonment for not more than 20
interstate or foreign commerce with
committed. Such individuals would be years. [Section 807]
the intent to commit one or more
subject to a fine under Title 18 and, (1)
murders, and thereafter commit one or if the offense results in death of any
more murders in the furtherance of a
person, sentenced to death or life in
common scheme or purpose. This
prison; (2) if the offense results in
provision also applies to individuals
serious bodily injury (as defined in
who conspire to do so. Establishes
§1365), imprisonment for life or any
penalties for such a crime as a fine
term of years not less than 20; and (3)
under Title 18, imprisonment for not
in any other case, imprisonment for
more than 30 years, or both for each
life or for any term of years not less
murder committed. If death results,
than 10. [Section 107]
the penalty applied would include a
fine of not more than $250,000, and
punishment by death or imprisonment
for any term of years or life
imprisonment for each murder.
[Section 201]
CRS-36
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Current Law
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H.R. 1279
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Rebuttable
18 U.S.C. 3142 provides for
Amends §3142 to create a
Amends current law to create a
Similar provision to H.R. 1279.
Presumption
conditions under which a defendant presumption against the release prior
presumption against release prior to
[Section 809]
Against Release can be released or detained prior to to trial of persons committing an
trial of persons charged with a crime
of Persons
trial.
offense under §922(g)(1), related to
of violence rather than a serious
Charged with
the unlawful possession of a firearm
violent felony. [Section 109]
Firearms
by a convicted felon, where the
Offenses
underlying conviction was for a
serious drug offense under 18 U.S.C.
924(e)(2)(A), for which not more than
10 years have elapsed since the date of
conviction or release from prison,
whichever is later; or for a serious
violent felony under 18 U.S.C.
3559(c)(2)(F). Expands the list of
offenses to include illegal firearm
receipt or possession under 18 U.S.C.
922(g) for which a judicial officer is
required to hold a pre-trial detention
hearing upon the request of the
government’s attorney. Expands the
list of factors to be considered by a
judicial officer at a hearing to
determine whether pre-trial detention
is appropriate, to include whether a
non-narcotic drug, firearm, explosive,
or destructive devise was involved in
the crime. [Section 202]
CRS-37
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Venue in Capital 18 U.S.C. 3235 requires that if an
Amends §3235, to require that trials
Identical to S. 155. [Section 110]
Identical to S. 155 and H.R. 1279.
Cases
individual is on trial for
for offenses punishable by death be
[Section 810]
committing offenses that are
held in the
district where the offense
punishable by death, the trial is
was committed or in any district in
required to be heard in the
county
which the offense began, continued, or
where the offense was committed
was completed. If the offense or
as long as it could be done without
related conduct involves activities
great inconvenience.
which affect interstate or foreign
commerce or the importation of an
object or person into the United States,
would permit the case to be prosecuted
in
any district in which the activities
occurred. [Section 203]
Statute of
Chapter 213 of Title 18 sets the
Amends Chapter 214 of Title 18, to
Similar to S. 155, except amends
Identical to H.R. 1279. [Section 811]
Limitations for
statute of limitations for various
establish a statute of limitations for
Chapter 213 of Title 18 adding a new
Violent Crime
felony offenses.
violent crimes that are non-capital
§3298 that requires that no person be
felonies, crimes of violence, including
prosecuted, tried, or punished for any
any racketeering activity or gang
noncapital felony, crime of violence,
crime which involves any violent
including any racketeering activity or
crime. Requires that no person be
gang crime which involves any crime
prosecuted, tried, or punished for such of violence, unless the indictment is
crimes unless the indictment was
found or the information is instituted
found or the information was instituted not later than 15 years after the date on
by the later of: (1) 10 years after the
which the alleged violation occurred
date on which the alleged violation
or the continuing offense was
occurred, (2) 10 years after the date on completed. [Section 111]
which the continuing offense was
completed, or (3) eight years after the
date on which the alleged violation
CRS-38
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Current Law
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H.R. 1279
H.R. 4472
was first discovered. [Section 204]
Predicate Crimes 18 U.S.C. 2516 authorizes the
Amends §2516(1) to authorize that the No provision.
No provision.
for Authorization interception of wire, oral, or
use of interception of wire, oral, or
of Interception
electronic communications in
electronic communications if the
of Wire, Oral,
certain circumstances for use by
investigation is of (1) any violation of
and Electronic
the FBI or other federal agencies in §424 of the Controlled Substances Act
Communications investigating certain serious
relating to murder and other violent
criminal offenses.
crimes in furtherance of a drug
trafficking crime (established in §108
of the bill); (2) any violation of 18
U.S.C. 1123, which relates to multiple
interstate murder (established under
Section 201 of the bill); and (3) any
violation of §521, 522, 523 relating to
criminal street gangs (established
under Sections 101, 102, 103 of the
bill). [Section 205]
Clarification to
Rule 804 of the Federal Rules of
Amends rule 804(b)(6) of the Federal
Amends rule 804(b)(6) to permit a
Identical to H.R. 1279. [Section 812]
Hearsay
Evidence provides exceptions to
Rules of Evidence to permit a hearsay
hearsay statement to be offered against
Exception for
the hearsay rule of evidence.
statement to be used as evidence
a party who engaged or acquiesced in
Forfeiture by
Provides that a statement of
against a party that had engaged,
wrongdoing, or
who could reasonably
Wrongdoing
hearsay evidence can be offered
acquiesced, or conspired in
foresee such wrongdoing would take
against a party that has engaged or
wrongdoing intended to, and did,
place, if the wrongdoing was intended
acquiesced in wrongdoing that was
make a declarant unavailable as a
to, and did, procure the unavailability
intended to, and did procure the
witness. [Section 206]
of the declarant as a witness. [Section
unavailability of the declarant as a
113]
witness.
CRS-39
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H.R. 4472
Clarification of
18 U.S.C. 1513 provides the
Amends 18 U.S.C. 1513 and makes a
No provision.
No provision.
Venue for
circumstances and penalties for
technical correction by designating the
Retaliation
retaliating against a witness,
second §1513(e) as §1513(f) because
Against a
victim, or informant.
the section is duplicative (P.L. 107-
Witness
273). Adds a new subsection (g)
permitting that prosecution under this
section (retaliation against a witness)
to be brought in the district in which
the official proceeding was intended to
be effected or was completed, or in
which the conduct constituting the
alleged offense occurred.
[Section 207]
CRS-40
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Amendment of
28 U.S.C. 994 establishes the
Amends, in accordance with §994(p),
No provision.
No provision.
Sentencing
duties and responsibilities of the
the sentencing guidelines for certain
Guidelines
U.S. Sentencing Commission.
gang and violent crimes, requiring the
Relating to
U.S. Sentencing Commission to
Certain Gang
review and, if appropriate, amend its
and Violent
guidelines and policy statements to
Crimes
conform to the provisions of Titles I
and II of the bill. Requires the
Commission to (1) establish new
guidelines and policy statements in
order to implement new or revised
criminal offenses created in Title II;
(2) ensure that the sentencing
guidelines and policy statements
reflect the serious nature of the
offenses and penalties set forth by the
bill, the growing incidence of serious
gang and violent crimes, and the need
to modify the sentencing guidelines
and policy statements to deter,
prevent, and punish such offenses; (3)
consider the extent to which the
guidelines and policy statements
adequately address whether the
guideline offense levels and
enhancements for gang and violent
crimes are sufficient to deter and
punish such offenses and are adequate
in view of the statutory increases in
penalties contained in the bill, and
CRS-41
Short Title
Current Law
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H.R. 1279
H.R. 4472
whether any existing or new specific
offense characteristics should be added
to reflect congressional intent to
increase gang and violent crime
penalties, punish offenders, and deter
gang and violent crime; (4) assure
reasonable consistency with other
relevant directives and with other
sentencing guidelines; (5) account for
any additional aggravating or
mitigating circumstances that might
justify exceptions to the generally
applicable sentencing ranges; (6) make
any necessary conforming changes to
the sentencing guidelines; and (7)
assure that the guidelines adequately
meet the purposes of sentencing under
18 U.S.C. 3553(a)(2), which provides
the purposes of a criminal sentence to
reflect the seriousness of the offense,
promote respect for the law, provide
just punishment, adequately deter
criminal conduct, and other purposes.
[Section 208]
CRS-42
Short Title
Current Law
S. 155
H.R. 1279
H.R. 4472
Penalties for
18 U.S.C. 924 establishes the
Amends §924(c)(1)(A) to require that, Similar to S. 155, except further
No provision.
Criminal Use of
penalties associated with firearm
if a person commits or conspires to
amends §924 to require that if the
Firearms in
offenses. §924(c)(1)(A) provides
commit any crime of violence or drug
firearm is discharged, the sentence
Crimes of
for additional mandatory minimum trafficking, for each instance in which
would be a term of imprisonment of
Violence and
sentences for crimes of violence or
the firearm was used, carried or
not less than 15 years; and if the
Drug Trafficking drug trafficking offenses using a
possessed, up to an additional seven
firearm is used to wound, injure, or
deadly or dangerous weapon.
years (currently five years) would be
maim another person, the sentence be
added to their sentence of
a term of imprisonment of not less
imprisonment.
than 20 years. [Section 114]
Strikes the clause that provides for not
less than seven years to be added if the
firearm was brandished during the
commission of a crime of violence or a
drug trafficking crime.
Makes conforming amendments to the
section, one of which strikes
subsection (o). Subsection (o) now
makes conspiracy to violate §924
punishable by imprisonment for not
more than 20 years (or for any term of
years or life if the firearm involved is a
machine gun or destructive device or
is equipped with a silencer). [Section
209]
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Possession of
18 U.S.C. 924(e) provides an
Amends §924(e), to require that
No provision.
No provision.
Firearms by
enhanced penalty for persons found persons with one, two, or three
Dangerous
in violation of 18 U.S.C. 922(g) for previous violent felony or serious drug
Felons
illegal firearm possession and who
offense convictions, or both, who are
have previously been convicted on
subsequently convicted of violating
three occasions for violent felonies
§922(g) by illegally possessing or
or serious drug offenses (as defined receiving a firearm, be subject to the
in §924(e)(2)(A) and (B)). Such
following penalties: (1) in the case of
persons are subject to a fine under
one prior conviction, where not more
Title 18, not less than 15 years’
than 10 years have elapsed since the
imprisonment, and notwithstanding date of prior conviction or release
any other provision of law, the
from prison, the defendant would be
court is prohibited from suspending subject to imprisonment for not more
the sentence of, or granting a
than 15 years, fined under Title 18, or
probationary sentence to persons
both; (2) in the case of a defendant
convicted of such offenses.
with two such prior convictions,
committed on different occasions,
where a period of not more than 10
years has elapsed since the latest
conviction or release from prison, the
defendant would be subject to
imprisonment for not more than 20
years, fined, or both; and (3) in the
case of three such prior convictions,
committed on different occasions, the
defendant would be subject to not
less
than 15 years, a fine, or both, and the
court would be prohibited from
suspending the sentence of, or granting
a probationary sentence to, such a
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person. The amount of the fines in
each case would be not more than
$250,000 ($500,000 for an
organization ), as provided under 18
U.S.C. 3571.
Continues to define the term
serious
drug offense as an offense under the
Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951
et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App.
1901 et seq.), punishable by a
maximum term of imprisonment not
less than 10 years; or an offense under
state law involving manufacturing,
distributing, or possessing with intent
to manufacture or distribute a
controlled substance (as defined in
§102 of the Controlled Substances Act
(21 U.S.C. 802)), punishable by a
maximum term of imprisonment of not
less than 10 years. Continues to define
the term
violent felony to include
crimes punishable by a term of
imprisonment exceeding one year, or
any act of juvenile delinquency
involving the use or carrying of a
firearm, knife, or destructive device
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that would be punishable by a
maximum term of imprisonment for
the same term that would apply if the
crime had been committed by an adult
that (1) has, as an element of the crime
or act, the use, attempted use, or
threatened use of physical force
against the person of another; or (2) is
burglary, arson, extortion, involves the
use of explosives, or otherwise
involves conduct that presents a
serious potential risk of physical injury
to another. Defines the term
conviction to include the finding that a
person has committed the act of
juvenile delinquency involving a
violent felony.
Requires the U.S. Sentencing
Commission to amend the Federal
Sentencing Guidelines to provide for
the appropriate increase in the offense
level for violations under this amended
Section 922(g) and in accordance with
§924 (e). [Section 210]
Conforming
18 U.S.C. 922(d) provides
Makes a conforming amendment to
No provision.
No provision.
Amendment
numerous conditions under which
§922(d), to apply these requirements
it is unlawful for any person to sell
to any person who
transfers any
or otherwise dispose of any firearm firearm or ammunition to any person
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or ammunition to another person.
unlawfully under this section.
[Section 211]
Treatment of
18 U.S.C. 5032 establishes
Amends §5032 to revise and
Amends §5032 to permit the Attorney
Identical to H.R. 1279. [Section 813]
Federal Juvenile delinquency proceedings in district reorganize the section, dividing the
General to prosecute a juvenile as an
Offenders
courts and transfers of juveniles for section into subsections with headings, adult who is alleged to have
federal criminal prosecution for
making modifications to existing
committed certain crimes after the
certain crimes if the juvenile
provisions on juvenile delinquency
juvenile’s 16th birthday, which if
cannot be treated in state
proceedings, and making conforming
committed by an adult would be a
proceedings or is alleged to have
amendments for new provisions of the felony crime of violence, including
committed certain firearms or drug
bill which would amend provisions
certain firearm offenses in §922; or
trafficking offenses.
related to how juvenile offenders
certain other felony offenses whose
could be transferred and tried as
penalties are in §924; §930 related to
adults. As in current law, for
possession of firearms and dangerous
determining whether to transfer a 13 or weapons in federal facilities; or §931
15 year old alleged felony offender for relating to purchase, ownership, or
federal prosecution, requires the
possession of body armor by violent
Attorney General to consider whether
felons.
prosecution of the juvenile as an adult
would protect public safety.
Adds a new subsection which would
adjust the procedures for transfer and
permit the transfer of a juvenile age 16
or 17 to be prosecuted as an adult if
the juvenile was alleged to have
committed, conspired, solicited or
attempted to commit, the most serious
violent felony offenses including (1)
murder; (2) manslaughter; (3) assault
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with intent to commit murder; (4)
sexual assault; (5) robbery; (6)
carjacking with a dangerous weapon;
(7) extortion; (8) arson; (9) illegal
firearms use; (10) firearms possession;
(11) drive-by shooting; (12)
kidnapping; (13) maiming; (14) assault
resulting in serious bodily injury; or
(15) obstruction of justice (including
tampering with a witness, victim, or an
informant) on or after the day the
juvenile attains age 16.
Provides that a juvenile can be
prosecuted as an adult if the juvenile
was alleged to have committed, on or
after the day the juvenile turns 16
years of age, crimes that are Class B
and Class C felonies (carrying
sentences of 25 years or more, and less
than 25 years but more than 10 years,
respectively).
Provides that in a prosecution under
this subsection, the juvenile can be
prosecuted and convicted as an adult
for any other offense “properly joined”
under the Federal Rules of Criminal
Procedure, and can also be convicted
as an adult for a lesser included
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offense.
Similar to S. 155, on “non-
Identical to H.R. 1279. [Section 813]
Sets out that a decision to transfer a
reviewability” of the decision of the
juvenile for prosecution as an adult for Attorney General to transfer a juvenile
a serious violent felony is not
for prosecution as an adult.
reviewable by any court. In any
[Section 115]
prosecution of a juvenile as an adult
under this section, requires the court in
which the criminal charges had been
filed to have a hearing to determine
whether to issue an order that the
defendant should be transferred back
to juvenile status.
Requires the defendant to file a motion
no later than 30 days after initially
appearing in court through counsel or
expressly waives the right to counsel
and elects to proceed
pro se.
Prohibits the court from ordering the
transfer of a defendant to juvenile
status unless the defendant established
by
clear and convincing evidence that
removal to juvenile status would be in
the interest of justice. Requires an
order of the court made in ruling on a
motion by a defendant to transfer a
defendant to juvenile status under this
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section to issue a final order for the
purpose of enabling an appeal. Upon
receipt of a notice of appeal of an
order, requires a court of appeals to
hear and determine the appeal on an
expedited basis. Requires the court of
appeals to give due regard to the
opportunity of the district court to
judge the credibility of the witnesses
and requires the court to accept the
findings of fact of the district court
unless they were clearly erroneous.
Requires the court of appeals to review
the district court’s application of the
law to the facts in the case.
Continues to require that once a
juvenile has entered a plea of guilty or
the proceeding has reached the stage
that evidence has begun to be taken
that is based on allegations of crime or
juvenile delinquency, that subsequent
criminal prosecution or juvenile
proceedings upon such alleged act of
delinquency be barred. Statements
made by a juvenile prior to or during a
transfer hearing would still not be
admissible at subsequent criminal
prosecutions, but may be used for
impeachment purposes or in a
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prosecution for perjury or making a
false statement.
As is now the case, whenever a
juvenile is transferred to district court
for federal prosecution as a juvenile
and is not convicted of the offense for
which the juvenile was transferred or
another crime that would have
warranted transfer if the juvenile had
been initially charged with that crime,
further proceedings are required to be
conducted according to the juvenile
provisions of the Chapter 403 of Title
18 (Juvenile Delinquency). Continues
to prohibit the transfer of a juvenile to
federal prosecution or for disposition
after a finding of juvenile delinquency
until any prior juvenile records have
been received by the court or the clerk
of the juvenile court has certified in
writing that the juvenile has no prior
record or why the juvenile’s record is
not available. The provisions for
parental notification of juvenile
transfer proceedings now found in law
would disappear. [Section 301]
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Notification
18 U.S.C. 5033 provides for
Amends §5033 to reflect that
No provision.
No provision.
After Arrest
custody of a juvenile prior to
notification of the Attorney General be
appearance before a magistrate
immediate, or
as soon as practicable
judge and requires that the
thereafter and requires that reasonable
Attorney General and the juvenile’s steps be taken to notify the juvenile’s
parent or guardian be notified
parent or guardian. [Section 302]
immediately.
Release and
18 U.S.C. 5034, provides for the
Requires that a juvenile who is to be
No provision.
No provision.
Detention Prior
release and detention of juveniles
prosecuted as an adult be released
to Disposition
prior to disposition.
pending trial in accordance with
Chapter 207 of Title 18, which
Section 3147 provides that a
provides the conditions and
defendant who is found to have
requirements for the release and
committed a felony offense while
detention of adult defendants.
on release can be sentenced to not
more than 10 additional years of
Applies the penalties provided in
imprisonment if they commit a
§3147 for adult defendants to any
felony, and not more than one year
juvenile being tried as an adult who is
of additional imprisonment if they
alleged to have committed an offense
commit an offense that is a
while on pre-trial release (i.e., 10 years
misdemeanor.
for a felony or one year for a
misdemeanor).
Section 5035 provides the
conditions under which a juvenile
Amends §5035 to add an exception for
alleged to be delinquent may be
a juvenile who is being prosecuted as
detained prior to disposition.
an adult. [Section 303]
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Speedy Trial
18 U.S.C. 5036 provides that if an
Amends §5036 for juveniles to require No provision.
No provision.
Section
alleged juvenile delinquent in
that if the defendant is not brought to
detention pending trial is not
trial within 70 days of the beginning of
brought to trial within 30 days of
the detention, then the information
the beginning of the detention, then would be dismissed on motion of the
the information related to the
alleged delinquent or at the direction
alleged crime is required to be
of the court. Provides that the same
dismissed with prejudice unless the periods of exclusion and speedy time
delay is for certain specified
limits on detention that apply to adult
reasons.
defendants under 18 U.S.C. 3161(h),
apply to juveniles pending a
delinquence determination. Requires
certain judicial considerations for
determining whether information
should be dismissed with or without
prejudice. Requires the court to
consider the seriousness of the alleged
act of juvenile delinquency; the facts
and circumstances of the case that led
to the dismissal; and the impact of a
reprosecution on the administration of
justice. [Section 304]
Federal
28 U.S.C. 994(h) instructs the U.S. Amends §994(h) the U.S. Sentencing
No provision.
No provision.
Sentencing
Sentencing Commission in the
Commission’s guidelines in §994(h) to
Guidelines
establishment of guidelines for
add juveniles transferred for trial as
sentences of imprisonment at or
adults to the coverage of §994(h).
near the statutory maximum in
case of defendants who are 18
Requires the Commission to
years of age or older and convicted promulgate and distribute sentencing
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on three occasions of violent
guidelines for cases where juveniles
crimes or drug trafficking charges.
would be tried as adults to all U.S.
courts by May 1, 2006.
[Section 305]
Listing of
28 U.S.C. 534 requires the
No provision.
Requires the Under Secretary for
Identical provision to H.R. 1279.
Immigration
Attorney General to acquire,
Border and Transportation Security of
[Section 815]
Violators in the
collect, classify, and preserve
the Department of Homeland Security
National Crime
identification, criminal
to provide the National Crime
Information
identification, crime, and other
Information Center (NCIC) of the
Center Database records of immigration violators
Department of Justice with such
and share the information with
information as the Director may have
other authorized officials of federal
on any and all aliens against whom a
agencies and state and local
final order of removal has been issued;
agencies.
any and all aliens who have signed a
voluntary departure agreement; and
any and all aliens who have overstayed
their visa. Requires the information to
be provided not later than 180 days
after enactment of the bill.
Amends §534(a) of Title 28 U.S.C. to
require the inclusion of such
information by the NCIC. [Section
117]
N.B.: This section is repeated in
Section 119 of the bill.
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Crimes of
No provision.
No provision.
Amends Title 18 by inserting after
Identical provision to H.R. 1279.
Violence and
Chapter 51 a new Chapter 52 entitled
[Section 801]
Drug Crimes
“Illegal Aliens” which provides for
Committed by
additional penalties for certain crimes
Illegal Aliens
committed by illegal aliens. Requires
that if a defendant was previously
ordered removed under the
Immigration and Nationality Act on
the grounds of having committed a
crime, to be sentenced to not less than
15 years in prison. Requires that the
sentence of imprisonment imposed
under this section run consecutively to
any other sentence of imprisonment
imposed for any other crime. [Section
118]
Study
No provision.
No provision.
Requires the Attorney General and the Identical provision to H.R. 1279.
Secretary of Homeland Security to
[Section 816]
jointly conduct a study on the
connection between illegal
immigration and gang membership
and activity, including how many of
those arrested nationwide for gang
membership and violence are aliens
illegally present in the United States
Requires that the results of the study
be reported to Congress not later than
one year after enactment. [Section
120]
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State and Local
No provision.
No provision.
No provision.
Authorizes a grant program under
Reentry Courts
which the Attorney General awards
grants of up to $500,000 to state and
local courts or related agencies and
organizations to monitor offenders
returning to the community. Funds
could be used to (1) monitor offenders
returning to the community; (2)
provide returning offenders with drug
and alcohol testing and treatment and
mental and medical health assessment
and services; (3) convene community
impact panels, victim impact panels, or
victim impact educational classes; (4)
provide and coordinate the delivery of
other community services to offenders;
and (5) establish and implement
graduated sanctions and incentives for
participants.
Requires the federal share of the grant
to be limited to 75% of the costs of
funded project.
Authorizes appropriations $10 million
for each of the fiscal years 2006
through 2009. [Section 902]