[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 54 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 54

To reduce interstate street gang and organized crime activity, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Hatch (for himself, Mrs. Feinstein, Mr. D'Amato, Mr. Harkin, and 
   Mr. Reid) 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 A GANG 
              MEMBER.

    (a) Definition.--In this section, the term ``criminal street gang'' 
has the same meaning as in section 521(a) of title 18, United States 
Code, as amended by section 3 of this Act.
    (b) Amendment of Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate enhancement, increasing the offense level by not 
less than 6 levels, for any offense, if the offense was both committed 
in connection with, or in furtherance of, the activities of a criminal 
street gang and the defendant was a member of the criminal street gang 
at the time of the offense.
    (c) Construction With Other Guidelines.--The amendment made 
pursuant to subsection (b) 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.

SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Definitions.--'' and 
                inserting the following:
    ``(a) Definitions.--In this section:'', and
                    (B) by striking ```conviction'' and all that 
                follows through the end of the subsection and inserting 
                the following:
            ``(1) 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) any members of which engage, or have engaged 
                during the 5-year period preceding the date in 
                question, in a pattern of criminal gang activity; and
                    ``(C) the activities of which affect interstate or 
                foreign commerce.
            ``(2) Pattern of criminal gang activity.--The term `pattern 
        of criminal gang activity' means the commission of 2 or more 
        predicate gang crimes committed in connection with, or in 
        furtherance of, the activities of a criminal street gang--
                    ``(A) at least 1 of which was committed after the 
                date of enactment of the Federal Gang Violence Act;
                    ``(B) the first of which was committed not more 
                than 5 years before the commission of another predicate 
                gang crime; and
                    ``(C) that were committed on separate occasions.
            ``(3) Predicate gang crime.--The term `predicate gang 
        crime' means an offense, including an act of juvenile 
        delinquency that, if committed by an adult, would be an offense 
        that is--
                    ``(A) a Federal offense--
                            ``(i) that is a crime of violence (as that 
                        term is defined in section 16) including 
                        carjacking, drive-by-shooting, shooting at an 
                        unoccupied dwelling or motor vehicle, assault 
                        with a deadly weapon, and homicide;
                            ``(ii) that involves a controlled substance 
                        (as that term is defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)) for 
                        which the penalty is imprisonment for not less 
                        than 5 years;
                            ``(iii) that is a violation of section 844, 
                        section 875 or 876 (relating to extortion and 
                        threats), section 1084 (relating to gambling), 
                        section 1955 (relating to gambling), chapter 44 
                        (relating to firearms), or chapter 73 (relating 
                        to obstruction of justice);
                            ``(iv) that is a violation of section 1956 
                        (relating to money laundering), insofar as the 
                        violation of such section is related to a 
                        Federal or State offense involving a controlled 
                        substance (as that term is defined in section 
                        102 of the Controlled Substances Act (21 U.S.C. 
                        802)); or
                            ``(v) that is a 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) (relating to alien smuggling);
                    ``(B) a State offense involving conduct that would 
                constitute an offense under subparagraph (A) if Federal 
                jurisdiction existed or had been exercised; or
                    ``(C) a conspiracy, attempt, or solicitation to 
                commit an offense described in subparagraph (A) or (B).
            ``(3) State.--The term `State' includes a State of the 
        United States, the District of Columbia, Puerto Rico, Guam, the 
        Virgin Islands, and any other territory of possession of the 
        United States.''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Criminal Penalties.--Any person who engages in a pattern of 
criminal gang activity--
            ``(1) shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 10 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 413 of 
                the Controlled Substances Act (21 U.S.C. 853); and
            ``(2) if any person engages in such activity after 1 or 
        more prior convictions under this section have become final, 
        shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 20 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 412 of 
                the Controlled Substances Act (21 U.S.C. 853).''.
    (b) Conforming Amendment.--Section 3663(c)(4) of title 18, United 
States Code, is amended by inserting before ``chapter 46'' the 
following: ``section 521 of this title,''.

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) Prohibited Conduct and Penalties.--
            ``(1) In general.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A),
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        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) Definitions.--Section 1952(b) of title 18, United 
        States Code, is amended to read as follows:
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the same meaning as in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) predicate gang crime (as that term is defined 
                in section 521);
                    ``(B) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, 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 of or trafficking in stolen property, 
                illegally trafficking in firearms, kidnapping, alien 
                smuggling, or shooting at an occupied dwelling or motor 
                vehicle, in each case, 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 section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) 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 2 of the Federal 
        sentencing guidelines so that--
                    (A) the base offense level for traveling in 
                interstate or foreign commerce in aid of a criminal 
                street gang or other unlawful activity is increased to 
                12; and
                    (B) the base offense level for the commission of a 
                crime of violence in aid of a criminal street gang or 
                other unlawful activity is increased to 24.
            (2) Definitions.--In this subsection--
                    (A) the term ``crime of violence'' has the same 
                meaning as in section 16 of title 18, United States 
                Code;
                    (B) the term ``criminal street gang'' has the same 
                meaning as in 521(a) of title 18, United States Code, 
                as amended by section 3 of this Act; and
                    (C) the term ``unlawful activity'' has the same 
                meaning as in section 1952(b) of title 18, United 
                States Code, as amended by this section.

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:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to--
            ``(1) use any facility in, or travel in, interstate or 
        foreign commerce, or cause another to do so, to recruit, 
        solicit, request, induce, counsel, command, or cause another 
        person to be a member of a criminal street gang, or conspire to 
        do so; or
            ``(2) recruit, solicit, request, induce, counsel, command, 
        or cause another person to engage in a predicate gang crime for 
        which such person may be prosecuted in a court of the United 
        States, or conspire to do so.
    ``(b) Penalties.--A person who violates subsection (a) shall--
            ``(1) if the person recruited--
                    ``(A) is a minor, be imprisoned for a term of not 
                less than 4 years and not more than 10 years, fined in 
                accordance with this title, or both; or
                    ``(B) is not a minor, be imprisoned for a term of 
                not less than 1 year and not more than 10 years, fined 
                in accordance with this title, 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.--In this section--
            ``(1) the terms `criminal street gang' and `predicate gang 
        crime' have the same meanings as 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 
to provide an appropriate enhancement for any offense involving the 
recruitment of a minor to participate in a gang activity.
    (c) Technical Amendment.--The chapter analysis for chapter 26 of 
title 18, United States Code, is amended by adding at the end the 
following:

``522. Recruitment of persons to participate in criminal street gang 
                            activity.''.

SEC. 6. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE IN 
              CRIMINAL STREET GANGS AND FIREARMS OFFENSES AS RICO 
              PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, (G) an offense under section 522 of this title, 
        or (H) an act or conspiracy to commit any violation of chapter 
        44 of this title (relating to firearms)''.

SEC. 7. PROHIBITIONS RELATING TO FIREARMS.

    (a) Penalties.--Section 924(a)(6) of title 18, United States Code, 
is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A);
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``(B) A person other than a 
                juvenile who knowingly'' and inserting ``(A) A person 
                who knowingly'';
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not less than 1 year and not 
                more than 5 years''; and
                    (C) in clause (ii), by inserting ``not less than 1 
                year and'' after ``imprisoned''; and
            (4) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), no mandatory 
        minimum sentence shall apply to a juvenile who is less than 13 
        years of age.''.
    (b) Serious Juvenile Drug Offenses as Armed Career Criminal 
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that if 
                committed by an adult would be an offense described in 
                clause (i) or (ii);''.
    (c) 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, imprisoned for a term of not less than 3 years, fined in 
accordance with this title, or both''.

SEC. 8. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.

    (a) Definitions.--In 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.
    (b) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any crime in which the defendant used body 
armor.
    (c) Applicability.--No Federal sentencing guideline amendment made 
pursuant to this section shall apply if the Federal crime in which the 
body armor is used constitutes a violation of, attempted violation of, 
or conspiracy to violate the civil rights of a person by a law 
enforcement officer acting under color of the authority of such law 
enforcement officer.

SEC. 9. ADDITIONAL PROSECUTORS.

    There are authorized to be appropriated $20,000,000 for each of the 
fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of 
Assistant United States Attorneys and attorneys in the Criminal 
Division of the Department of Justice to prosecute juvenile criminal 
street gangs (as that term is defined in section 521(a) of title 18, 
United States Code, as amended by section 3 of this Act).
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