[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1700
To reduce interstate street gang and organized crime activity, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 1996
Mr. Hatch (for himself, Mrs. Feinstein, Mr. Kerry, Mr. Harkin, Mr.
Reid, and Mr. D'Amato) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce interstate street gang and organized crime activity, and for
other purposes.
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 ``Federal Gang Violence Act''.
SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG
MEMBER.
(a) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 3 of the Federal
Sentencing Guidelines so that, except with respect to
trafficking in cocaine base, if a defendant was a member of a
criminal street gang at the time of the offense, the offense
level is increased by 6 levels.
(2) Construction with other guidelines.--The amendment made
pursuant to paragraph (1) shall provide that the increase in
the offense level shall be in addition to any other adjustment
under chapter 3 of the Federal Sentencing Guidelines.
(3) Definition.--For purposes of this section, the term
``criminal street gang'' has the meaning given that term in
section 521(a) of title 18, United States Code, as amended by
section 3 of this Act.
SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.
Section 521 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Definitions.--'' and
inserting ``(a) Definitions.--For purposes of this
section the following definitions shall apply:'';
(B) by striking ```conviction''' and inserting the
following:
``(1) Conviction.--The term `conviction''';
(C) in paragraph (1), as so designated, by striking
``violent or controlled substances felony'' and
inserting ``predicate gang crime''; and
(D) by striking ```criminal street gang''' and all
that follows through the end of the subsection and
inserting the following:
``(2) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club, organization, or
association of 3 or more persons, whether formal or informal--
``(A) a primary activity of which is the commission
of 1 or more predicate gang crimes;
``(B) the members of which engage, or have engaged
during the 5-year period preceding the date in
question, in a pattern of criminal activity involving 1
or more predicate gang crimes; and
``(C) the activities of which affect interstate or
foreign commerce.
``(3) Pattern of criminal activity.--The term `pattern of
criminal activity' means the commission of 2 or more predicate
gang crimes--
``(A) at least 1 of which was committed after the
date of enactment of the Federal Gang Violence Act;
``(B) the last of which was committed not later
than 3 years after the commission of another predicate
gang crime; and
``(C) which were committed on separate occasions.
``(4) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) an offense described in subsection (c);
``(B) a State offense--
``(i) involving a controlled substance (as
defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the
maximum penalty is imprisonment for not less
than 5 years; or
``(ii) that is a felony crime of violence
that has as an element the use or attempted use
of physical force against the person of
another;
``(C) any Federal or State felony offense that by
its nature involves a substantial risk that physical
force against the person of another may be used in the
course of committing the offense, including--
``(i) assault with a deadly weapon;
``(ii) homicide or manslaughter;
``(iii) shooting at an occupied dwelling or
motor vehicle;
``(iv) kidnapping;
``(v) carjacking;
``(vi) robbery;
``(vii) drive-by-shooting;
``(viii) tampering with or retaliating
against a witness, victim, informant, or juror;
``(ix) rape;
``(x) mayhem;
``(xi) torture; and
``(xii) arson;
``(D) any Federal or State offense that is--
``(i) grand theft;
``(ii) burglary;
``(iii) looting;
``(iv) felony extortion;
``(v) possessing a concealed weapon;
``(vi) grand theft auto;
``(vii) money laundering
``(viii) felony vandalism;
``(ix) unlawful sale of a firearm; or
``(x) obstruction of justice; and
``(E) a conspiracy, attempt, or solicitation to
commit any offense described in subparagraphs (A)
through (D).''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``continuing
series of offenses described in subsection (c)'' and
inserting ``pattern of criminal activity''; and
(B) in paragraph (3), by striking ``years for--''
and all that follows through the end of the paragraph
and inserting ``years for a predicate gang crime.''.
SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
CRIMINAL STREET GANGS.
(a) Travel Act Amendments.--
(1) Prohibited conduct and penalties.--Section 1952(a) of
title 18, United States Code, is amended to read as follows:
``(a) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with intent to
--
``(1) distribute the proceeds of any unlawful activity;
``(2) commit any crime of violence to further any unlawful
activity; or
``(3) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity,
and thereafter performs, attempts to perform, or conspires to perform--
``(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 10 years, or both; ;or
``(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than 20
years, or both, and if death results shall be sentenced
to death or be imprisoned for any term of years or for
life.''.
(2) Unlawful activities.--Section 1952(b) of title 18,
United States Code, is amended to read as follows:
``(b) As used in this section--
``(1) the term `unlawful activity' means--
``(A) activity of a criminal street gang as defined
in section 521 of this title;
``(B) any business enterprise involving gambling,
liquor on which the Federal excise tax has not been
paid, narcotics or controlled substances (as defined in
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)), or prostitution offenses in violation
of the laws of the State in which the offense is
committed or of the United States.
``(C) extortion; bribery; arson; robbery; burglary;
assault with a deadly weapon; retaliation against or
intimidation of witnesses, victims, jurors, or
informants; assault resulting in bodily injury;
possession or trafficking of stolen property;
trafficking in firearms; kidnapping; alien smuggling;
shooting at an occupied dwelling or motor vehicle; or
insurance fraud; in violation of the laws of the State
in which the offense is committed or of the United
States; or
``(D) any act that is indictable under subchapter
II of chapter 53 of title 31, United States Code, or
under section 1956 or 1957 of this title; and
``(2) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of titl3 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that--
(1) the base offense level for traveling in interstate or
foreign commerce in aid of a street gang or other racketeering
enterprise is increased to 12; and
(2) the base offense level for the commission of a violent
crime in aid of a street gang or other racketeering enterprise
is increased to 24.
SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG
ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 522. Recruitment of persons to participate in criminal gang
activity
``(a) Prohibited Act.--It shall be unlawful for any person to--
``(1) use any facility of, or travel in, interstate or
foreign commerce, or cause another to do so, to solicit,
request, induce, counsel, command, cause, or facilitate the
participation of, a person to participate in a criminal street
gang, or otherwise cause another to do so, or conspire to do
so; or
``(2) solicit, request, induce, counsel, command, cause, or
facilitate the participation of a person to engage in crime for
which such person may be prosecuted in a court of the United
States, or otherwise cause another to do so, or conspire to do
so.
``(b) Penalties.--A person who violates subsection (a) shall--
``(1)(A) if the person is a minor, be imprisoned for not
less than 4 years and not more than 10 years, fined not more
than $250,000, or both; or
``(B) if the person is not a minor, be imprisoned for not
less than 1 year and not more than 10 years, fined not more
than $250,000, or both; and
``(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor reaches the
age of 18.
``(c) Definitions.--For purposes of this section--
``(1) the term `criminal street gang' has the same meaning
given such term in section 521; and
``(2) the term `minor' means a person who is younger than
18 years of age.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that the base offense level for recruitment of a minor to
participate in a gang activity is 12.
(c) Technical Amendment.--The analysis for chapter 26 of title 18,
United States Code, is amended by adding at the end the following new
item:
``522. Recruitment of persons to participate in criminal gang
activity.''.
SEC. 6. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E)''; and
(2) by inserting before the semicolon at the end of the
paragraph the following: ``, or (F) any offense against the
United States that is punishable by imprisonment for more than
1 year and that involved the use of a person under the age of
18 years in the commission of the offense''.
SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.
Section 924(h) of title 18, United States Code, is amended by
striking ``10 years, fined in accordance with this title, or both'' and
inserting ``10 years, and if the transferee is a person who is under 18
years of age, not less than 3 years; fined under this title; or both''.
SEC. 8. PENALTIES.
Section 924(a) of title 18, United States Code, is amended--
(1) by redesignating paragraph (5), as added by section
110201(b)(2) of the Violent Crime Control and Law Enforcement
Act of 1994, as paragraph (6); and
(2) in paragraph (6), as so redesignated--
(A) by striking subparagraph (A);
(B) in subparagraph (B)--
(i) by striking ``(B) A person other than a
juvenile who knowingly'' and inserting ``(A) A
person who knowingly'';
(ii) in clause (i), by striking ``1 year''
and inserting ``not less than 1 year and not
more than 5 years''; and
(iii) in clause (ii), by inserting ``not
less than 1 year and'' after ``imprisoned'';
and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding subparagraph (A), no mandatory
minimum sentence shall apply to a juvenile who is less than 13
years of age.''.
SEC. 9. THE JAMES GUELFF BODY ARMOR ACT.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 931. Use of body armor in Federal offenses
``(a) Prohibited Activity.--It shall be unlawful to use body armor
in the commission of a Federal crime.
``(b) Applicability.--This section shall not apply if the Federal
crime in which the body armor is used constitutes a violation of the
civil rights of a person by a law enforcement officer acting under
color of the authority of such law enforcement officer.
``(c) Definitions.--For purposes of this section--
``(1) the term `body armor' means any product sold or
offered for sale as personal protective body covering intended
to protect against gunfire, regardless of whether the product
is to be worn alone or is sold as a complement to another
product or garment; and
``(2) the term `law enforcement officer' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
``(d) Penalties.--
``(1) Imprisonment.--Whoever knowingly violates this
section shall be imprisoned for a term of 2 years.
``(2) Construction.--A sentence under this paragraph shall
be consecutive to any sentence imposed for the Federal crime in
which the body armor was used.''.
(b) Conforming Amendment.--The analysis for chapter 44 of title 18,
United States Code, is amended by adding at the end the following new
item:
``931. Use of body armor in Federal offenses.''.
SEC. 10. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by adding ``or'' at the end of clause (ii); and
(3) by adding at the end the following new clause:
``(iii) any act of juvenile delinquency
that if committed by an adult would be an
offense described in clause (i) or (ii);''.
SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.
Section 5036 of title 18, United States Code, is amended by
striking ``thirty'' and inserting ``70''.
SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND FIREARMS
OFFENSES.
Section 1961(1) of title 18, United States Code, as amended by
section 6 of this Act, is amended by inserting before the semicolon at
the end the following: ``, (G) any act, or conspiracy to commit any
act, in violation of section 274(a)(1)(A), 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or
1328), or (H) any act or conspiracy to commit any act in violation of
chapter 44 of this title (relating to firearms)''.
SEC. 13. USE OF LINGUISTS.
(a) In General.--The Secretary of State shall identify qualified
translators who the Secretary shall make available to assist Federal
law enforcement agencies in criminal investigations by monitoring legal
wiretaps and translating recorded conversations.
(b) Emphasis.--In carrying out subsection (a), the Secretary of
State shall place special emphasis on translators in States in which
most criminal street gangs and organized crime syndicates operate.
SEC. 14. ADDITIONAL PROSECUTORS.
There are authorized to be appropriated $20,000,000 for each of
fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of
additional Assistant United States Attorneys to prosecute violent youth
gangs.
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