[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2044 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2044

 To amend title 18, United States Code, to discourage criminal street 
                             gang activity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1993

Mr. Torres (for himself, Mr. Gutierrez, and Mr. Pastor) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to discourage criminal street 
                             gang activity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Street Gangs Prevention Act 
of 1993''.

SEC. 704. CRIMINAL STREET GANGS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 25 the following:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521.  Criminal street gangs.
``Sec. 521. Criminal street gangs
    ``(a) Whoever, under the circumstances described in subsection (c) 
of this section, commits an offense described in subsection (b) of this 
section, shall, in addition to any other sentence authorized by law, be 
sentenced to a term of imprisonment of not more than 10 years and may 
also be fined under this title. Such sentence of imprisonment shall run 
consecutively to any other sentence imposed.
    ``(b) The offenses referred to in subsection (a) of this section 
are--
            ``(1) any Federal felony involving a controlled substance 
        (as defined in section 102 of the Controlled Substances Act) 
        for which the maximum penalty is not less than five years;
            ``(2) any Federal felony crime of violence; and
            ``(3) a conspiracy to commit any of the offenses described 
        in paragraphs (1) through (3) of this subsection.
    ``(c) The circumstances referred to in subsection (a) of this 
section are that the offense described in subsection (b) was committed 
as a member of, or on behalf of, a criminal street gang and that person 
has been convicted, within the past 5 years for--
            ``(1) any offense listed in subsection (b) of this section;
            ``(2) any State offense--
                    ``(A) involving a controlled substance (as defined 
                in section 102 of the Controlled Substances Act) for 
                which the maximum penalty is not less than one year 
                after imprisonment; or
                    ``(B) that is a crime of violence; for which the 
                maximum penalty is more than 1 year's imprisonment; or
            ``(3) any Federal or State offense that involves the theft 
        or destruction of property for which the maximum penalty is 
        more than 1 year's imprisonment; or
            ``(4) a conspiracy to commit any of the offenses described 
        in paragraphs (1) through (3) of this subsection.
    ``(d) For purposes of this section--
            ``(1) the term `criminal street gang' means any group, 
        club, organization, or association of 5 or more persons--
                    ``(A) whose members engage or have engaged within 
                the past 5 years, in a continuing series of violations 
                of any offense treated in subsection (b); and
                    ``(B) whose activities affect interstate or foreign 
                commerce; and
            ``(2) the term `conviction' includes a finding, under State 
        or Federal law, that a person has committed an act of juvenile 
        delinquency involving a violent or controlled substances 
        felony.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 25 the following:

``26. Criminal street gangs.................................     521''.

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