[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4491 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4491

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
     identify hardcore juvenile offenders and treat them as adults.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1994

   Mr. Canady (for himself, Mr. Pete Geren of Texas, Mr. Frost, Mr. 
 Tauzin, Mr. Hayes, Mr. Sisisky, Mrs. Thurman, Mr. Talent, Mr. Dornan, 
 Mr. Stump, Mr. Baker of California, Mr. Linder, Mr. DeLay, Mr. Oxley, 
     Mr. Levy, Mr. Santorum, Mr. Pombo, Mrs. Fowler, Mr. Lewis of 
 California, Mr. McCollum, Mr. Spence, Mr. Goss, Mr. Klug, Mr. Walker, 
Mr. Ramstad, Mr. Hutchinson, Mr. Schaefer, Mr. Livingston, Mr. Smith of 
 Texas, Mr. Hoekstra, Mr. Bilirakis, Mr. Inglis of South Carolina, Mr. 
  King, Mr. Saxton, Mr. Ewing, and Mr. Mica) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
     identify hardcore juvenile offenders and treat them as adults.

    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 Criminal Act of 1994''.

SEC. 2. FINDINGS OF ACT.

    Section 101(a)(11) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601(a)(11)) is amended by inserting 
the following before the semicolon: ``and on identifying hardcore 
youths who should be transferred from the juvenile justice system to 
the adult criminal justice system''.

SEC. 3. PURPOSE OF ACT.

    Section 102(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5602(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) to assist State and local governments in improving 
        the identification of hardcore juvenile offenders and the 
        removal of such offenders from the juvenile justice system.''.

SEC. 4. REQUIREMENTS FOR STATE PLAN.

    Section 223(a)(10) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
            (1) by striking ``and'' at the end of subparagraph (N);
            (2) by striking the period at the end of subparagraph (O) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(P) establishment and maintenance of an effective 
                system that requires the prosecution of at least those 
                juveniles who are 14 years of age and older as adults, 
                rather than in juvenile proceedings, for conduct 
                constituting--
                            ``(i) murder or attempted murder;
                            ``(ii) robbery while armed with a firearm;
                            ``(iii) battery while armed with a firearm;
                            ``(iv) rape while armed with a firearm;
                            ``(v) any other crime the State determines 
                        appropriate; and
                            ``(vi) the fourth or subsequent occasion on 
                        which such juveniles engage in an activity for 
                        which adults could be imprisoned for a term 
                        exceeding 1 year;
                unless, on a case-by-case basis, the transfer of such 
                juveniles for disposition in the juvenile justice 
                system is determined under State law to be in the 
                interest of justice;''.

SEC. 5. RECORDKEEPING REGARDING JUVENILES.

    Section 223(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(26) provide that the State will ensure that whenever a 
        juvenile is adjudicated in a juvenile proceeding to have 
        engaged in the conduct constituting an offense described in 
        paragraph (10)(P) that--
                    ``(A) a record is kept relating to that 
                adjudication which is--
                            ``(i) equivalent to the record that would 
                        be kept of an adult conviction for that 
                        offense;
                            ``(ii) retained for a period of time that 
                        is equal to the period of time records are kept 
                        for adult convictions; and
                            ``(iii) made available to law enforcement 
                        officials to the same extent that a record of 
                        an adult conviction would be made available;
                    ``(B) the juvenile is fingerprinted and 
                photographed, and the fingerprints and photograph are 
                sent to the Federal Bureau of Investigation; and
                    ``(C) the court in which the adjudication takes 
                place transmits to the Federal Bureau of Investigation 
                the information concerning the adjudication, including 
                the name and birth date of the juvenile, date of 
                adjudication, and disposition.''.

SEC. 6. FINANCIAL INCENTIVE.

    Section 223(c)(3) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(c)(3)) is amended--
            (1) by striking ``the requirements of subsection (a), 
        (12)(A), (13), (14), or (23)'' and inserting ``any requirement 
        of paragraph (10)(P), (12)(A), (13), (14), (23), or (26) of 
        subsection (a)''; and
            (2) in subparagraph (A) by striking ``25 percent'' and 
        inserting ``16\2/3\ percent''.

SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--(1) The amendments made by this Act 
shall not apply with respect to fiscal years beginning before January 
1, 1995.
    (2) The amendments made by sections 3, 4, and 5 shall not apply 
with respect to a State before the first fiscal year that begins after 
the end of the first regular session of the State legislature following 
the date of the enactment of this Act.

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