[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.
                                 <all>