For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32943 ------------------------------------------------------------------------------ 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 th 109 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 than one year, in the following or possessing with intent to distribute, §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 involving obstruction of justice, that the activities of the criminal street 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 or burglary; (3) a crime involving the facility of, or travel in, interstate or 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 "§521 (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 "§523. 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 S. 155 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 S. 155 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 Short Title 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 "§521 (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 Short Title Current Law 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 Short Title 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 Short Title 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 CRS-26 Short Title 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 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-28 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-29 Short Title Current Law S. 155 H.R. 1279 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. CRS-30 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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] CRS-32 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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. CRS-33 Short Title Current Law 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 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 "§1123. 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 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 Short Title Current Law S. 155 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 Short Title Current Law S. 155 H.R. 1279 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 S. 155 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] CRS-43 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-44 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-45 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-46 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-47 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-48 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-49 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-50 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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] CRS-51 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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] CRS-52 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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 CRS-53 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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. CRS-54 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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] CRS-55 Short Title Current Law S. 155 H.R. 1279 H.R. 4472 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] ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32943