[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 867 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 867

    To assist State and local governments in establishing effective 
criminal records concerning serious and violent juvenile offenders and 
  information concerning adult members of violent criminal gangs and 
Federal, State, and local criminal justice officials in countering the 
             rise in serious crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1997

  Mr. DeWine introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To assist State and local governments in establishing effective 
criminal records concerning serious and violent juvenile offenders and 
  information concerning adult members of violent criminal gangs and 
Federal, State, and local criminal justice officials in countering the 
             rise in serious crime, 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 ``Violent Juvenile Criminal Records 
Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in recent years, the United States has experienced a 
        significant increase in juvenile crime, especially with respect 
        to serious and violent offenses;
            (2) a great proportion of the serious and violent offenses 
        referred to in paragraph (1) are committed by individuals whose 
        past criminal record is not revealed to criminal justice 
        agencies, including courts, because of the current or former 
        status of those individuals as juveniles;
            (3) in recent years, because of the increased mobility and 
        ease of travel by juvenile offenders, especially members of 
        criminal street gangs, to other States and units of local 
        government, the officials of those States and units of local 
        government are often--
                    (A) unable to obtain any record of prior serious 
                offenses of those juvenile offenders; and
                    (B) unprepared for the violent behavior of those 
                juvenile offenders; and
            (4) the inaccessibility of records indicating past violent 
        offenses committed by juvenile offenders--
                    (A) endangers public safety officers who may 
                encounter those offenders;
                    (B) increases risks to students at schools where 
                those offenders may be enrolled; and
                    (C) prevents judicial officials from making the 
                best decision with respect to such an offender that is 
                necessary to protect innocent citizens.

SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Y as part Z;
            (2) by redesignating section 2501 as section 2601; and
            (3) by inserting after part X the following:

``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS

``SEC. 2501. DEFINITION.

    ``In this part, the term `violent criminal gang' means an ongoing 
group, club, organization, or association of 3 or more persons, whether 
formal or informal, that engages in, or has engaged in within a 2-year 
period preceding the date on which criminal history records are entered 
for purposes of this part, 2 or more felonies or serious misdemeanors 
committed in furtherance of, or in connection with, that group.

``SEC. 2502. INCENTIVE GRANTS.

    ``(a) In General.--With funds made available to carry out this 
part, the Attorney General, acting through the Director of the Bureau 
of Justice Statistics, shall make grants to States and units of local 
government (or any combination thereof) to enable--
            ``(1) States to assist units of local government in 
        carrying out programs described in paragraphs (1) through (3) 
        of subsection (b); and
            ``(2) States and units of local government to carry out the 
        programs described in paragraphs (1) through (3) of subsection 
        (b).
    ``(b) Purposes.--The Attorney General, acting through the Director 
of the Bureau of Justice Statistics, shall make grants under subsection 
(a)--
            ``(1) to establish programs to obtain fingerprints and 
        photographs of juveniles arrested for the offenses described in 
        paragraph (2)(A);
            ``(2) to establish, develop, update, or upgrade the 
        criminal history records systems of State and local governments 
        to--
                    ``(A) include arrest, detention, and disposition 
                records, fingerprints, photographs, and (if used) DNA 
                barcodes, for juveniles arrested or detained for--
                            ``(i) violent offenses which, if committed 
                        by an adult, would be a felony or serious 
                        misdemeanor;
                            ``(ii) serious drug offenses which, if 
                        committed by an adult, would be a felony or 
                        serious misdemeanor;
                            ``(iii) serious property crimes which, if 
                        committed by an adult, would be a felony;
                            ``(iv) illegal possession, use, or carrying 
                        of a handgun, or other firearm; or
                            ``(v) participation in violent criminal 
                        gangs or other violent criminal organizations;
                    ``(B) maintain the records described in 
                subparagraph (A) at the State agency responsible for 
                the operation of the adult criminal history record 
                system of that State;
                    ``(C) submit such information to the Federal Bureau 
                of Investigation as is necessary to enable the records 
                described in subparagraph (A) to be accessed in the 
                same manner as are records for adult criminal 
                histories; and
                    ``(D) ensure that, each time an information on a 
                criminal offense or activity described in subparagraph 
(A) or other criminal offense is reported to a State repository for 
juvenile and adult criminal records described in subparagraph (B), a 
criminal history including information that relates to that individual 
for the preceding 5-year period is submitted to that repository;
            ``(3) to establish, develop, update, or upgrade the 
        criminal information systems of State and local governments, 
        and regional intelligence sharing systems, to--
                    ``(A) include identification, and criminal 
                investigative and intelligence information concerning 
                adults who participate in the illegal activities of 
                violent criminal gangs or other violent criminal 
                organizations;
                    ``(B) maintain the records described in 
                subparagraph (A) at the appropriate State agency; and
                    ``(C) submit such information as is necessary to 
                enable the records referred to in subparagraph (B) to 
                be accessed, to the Federal Bureau of Investigation or 
                a regional intelligence sharing system; and
            ``(4) to establish State programs to provide financial 
        assistance to units of local government, if necessary to meet 
        any purpose specified in paragraphs (1) through (3).
    ``(c) Applications.--To request a grant under this part, the chief 
executive officer of a State or unit of local government shall submit 
an application in such form as the Attorney General, acting through the 
Director of the Bureau of Justice Statistics (who shall consult with 
the Director of the Federal Bureau of Investigation), shall require.
    ``(d) Application Requirements.--
            ``(1) Formula grants.--The Attorney General, acting through 
        the Director of the Bureau of Justice Statistics, may award a 
        grant under section 2503(a) only to a State with respect to 
        which the chief executive officer submits an application under 
        subsection (c) that provides assurances that are satisfactory 
        to the Attorney General that the State will use the assistance 
        provided under the grant to carry out programs that meet the 
        purposes described in paragraphs (1) through (3) of subsection 
        (b). The State may provide for the participation of units of 
        local government in the grant program that is the subject of a 
        grant application.
            ``(2) Discretionary grants.--The Attorney General, acting 
        through the Director of the Bureau of Justice Statistics, may 
        award a grant under section 2503(b) to a State or unit of local 
        government (or a combination of a State and 1 or more units of 
        local government) that provides assurances that the State, unit 
        of local government, or combination will use the assistance 
        provided under the grant to carry out at least 1 program that 
        meets at least 1 of the purposes described in paragraphs (1) 
        through (3) of subsection (b).

``SEC. 2503. ALLOCATION OF GRANTS.

    ``(a) Formula Grants.--Of the total amount made available by 
appropriations to carry out this part for each fiscal year, 90 percent 
shall be used to make grants to eligible States described in section 
2502(d)(1) that submit an application that the Attorney General, acting 
through the Director of the Bureau of Justice Statistics, determines to 
be satisfactory in accordance with the following formula:
            ``(1) the greater of 0.25 percent of that amount or 
        $250,000 shall be allocated to each eligible State; and
            ``(2) of the total amount remaining after the allocation 
        under paragraph (1) (referred to in this paragraph as the 
        `remaining funds'), there shall be allocated to each State an 
        amount which bears the same ratio to the remaining funds as the 
        population of that State bears to the population of all States.
    ``(b) Discretionary Grants.--Of the total amount made available to 
carry out this part for each fiscal year, 10 percent shall be used by 
the Attorney General, acting through the Director of the Bureau of 
Justice Statistics, for grants to States and units of local government 
that submit an application that the Attorney General, acting through 
the Director, determines to meet the requirements of section 
2502(d)(2).
    ``(c) Contracting Authority.--A State that receives a grant under 
this section may enter into a contract with a person or entity to carry 
out an activity that is related to a purpose specified in section 
2502(b).

``SEC. 2504. FUNDING SOURCE.

    ``Appropriations for activities authorized in this part may be made 
from the Violent Crime Reduction Trust Fund.''.
    (b) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by adding at the end the following:

``Part Y--Incentive Grants for State and Local Criminal Records Systems

``Sec. 2501. Definition.
``Sec. 2502. Incentive grants.
``Sec. 2503. Allocation of grants.
``Sec. 2504. Funding source.
              ``Part Z--Transition-Effective Date-Repealer

``Sec. 2601. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is 
amended--
            (1) in paragraph (3), by striking ``and X'' and inserting 
        ``X, and Y''; and
            (2) by adding at the end the following:
            ``(23) There are authorized to be appropriated to carry out 
        part Y--
                    ``(A) $50,000,000 for fiscal year 1998;
                    ``(B) $50,000,000 for fiscal year 1999;
                    ``(C) $50,000,000 for fiscal year 2000;
                    ``(D) $50,000,000 for fiscal year 2001; and
                    ``(E) $50,000,000 for fiscal year 2002.''.
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