[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1775 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1775

    To amend title 18, United States Code, to create an offense of 
    solicitation or recruitment of persons in criminal street gang 
                               activity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2001

 Mr. Gallegly introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to create an offense of 
    solicitation or recruitment of persons in criminal street gang 
                               activity.

    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 ``Anti-Gang Violence Act of 2001''.

SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG 
              ACTIVITY.

    (a) Prohibited Conduct.--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 Conduct.--It shall be unlawful for any person, to 
use any facility in, or travel in, interstate or foreign commerce, or 
cause another to do so, to recruit, solicit, induce, command, or cause 
another person to be or remain as a member of a criminal street gang, 
or conspire to do so, with the intent that the person being recruited, 
solicited, induced, commanded, or caused to be or remain a member of 
such gang participate in an offense described in section 521(c).
    ``(b) Penalties.--
            ``(1) In general.--Whoever violates subsection (a) shall, 
        if the person recruited, solicited, induced, commanded, or 
        caused--
                    ``(A) is a minor, be imprisoned not less than 4 
                years and not more than 10 years, and fined under this 
                title; or
                    ``(B) is not a minor, be imprisoned not less than 1 
                year and not more than 10 years, and fined under this 
                title.
            ``(2) Liability for certain costs.--The court may, at the 
        time of sentencing a person convicted of violating subsection 
        (a), order that the person shall 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 attains the age of 18 years.
    ``(c) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given the term in section 521.
            ``(2) Minor.--The term `minor' means a person who is 
        younger than 18 years of age.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
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. 3. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 4. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a Federal offense that is a crime of violence, or to 
assist in avoiding detection or apprehension for such an offense, 
shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine that would otherwise be imposed for the 
        offense; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum fine that would 
        otherwise be imposed for the offense.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the meaning given the term in section 16 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following:

25. Use of minors in crimes of violence.''.
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