[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4031 Reported in House (RH)]

                                                 Union Calendar No. 257

103d CONGRESS

  2d Session

                               H. R. 4031

                          [Report No. 103-465]

_______________________________________________________________________

                                 A BILL

 To provide for the prosecution as adults of juveniles 13 years old or 
                 older for certain crimes of violence.

_______________________________________________________________________

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 257
103d CONGRESS
  2d Session
                                H. R. 4031

                          [Report No. 103-465]

 To provide for the prosecution as adults of juveniles 13 years old or 
                 older for certain crimes of violence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 1994

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               15, 1994]

_______________________________________________________________________

                                 A BILL


 
 To provide for the prosecution as adults of juveniles 13 years old or 
                 older for certain crimes of violence.

    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 ``Juvenile Prosecution Act of 1994''.

SEC. 2. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF 
              VIOLENCE.

    (a) Prosecution as Adults.--The 4th undesignated paragraph of 
section 5032 of title 18, United States Code, is amended by striking 
``; however'' and inserting ``. In the application of the preceding 
sentence, if the crime of violence is an offense under section 113(a), 
113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm 
during the offense, section 2111, 2113, 2241(a), or 2241(c) of this 
title, `thirteen' shall be substituted for `fifteen' and `thirteenth' 
shall be substituted for `fifteenth'. Notwithstanding sections 1152 and 
1153 of this title, no person subject to the criminal jurisdiction of 
an Indian tribal government shall be subject to the preceding sentence 
for any offense the Federal jurisdiction for which is predicated solely 
on Indian country as defined in section 1151 of this title, and which 
has occurred within the boundaries of such Indian country, unless the 
governing body of the tribe has elected that the preceding sentence 
have effect over land and persons subject to its criminal jurisdiction. 
However''.
    (b) Federal Priority in Dealing with Certain Crimes.--The first 
undesignated paragraph of section 5032 of title 18, United States Code, 
is amended by inserting ``or an offense that is a crime of violence 
under section 113(a), 113(b), 113(c), 1111, 1113, or if the juvenile 
possessed a firearm during the offense, section 2111, 2113, 2241(a), or 
2241(c) of this title'' after ``not exceed six months''.

SEC. 3. COMMENCEMENT OF JUVENILE PROCEEDING.

    Section 5032 of title 18, United States Code, is amended by 
striking ``Any proceedings against a juvenile under this chapter or as 
an adult shall not be commenced until'' and inserting ``A juvenile 
shall not be transferred to adult prosecution nor shall a hearing be 
held under section 5037 (disposition after a finding of juvenile 
delinquency) until''.

SEC. 4. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended by 
inserting ``, whether pursuant to an adjudication of delinquency or 
conviction for an offense,'' after ``committed'' the first place it 
appears.