[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1236 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1236

                  To reduce criminal gang activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2001

  Mrs. Feinstein (for herself and Mr. Hatch) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                  To reduce criminal gang activities.

    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 ``Criminal Gang Abatement Act of 
2001''.

SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 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 Acts.--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) of this 
title.
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) be imprisoned not more than 10 years, fined under 
        this title, or both; and
            ``(2) if the person recruited, solicited, induced, 
        commanded, or caused is a minor, at the discretion of the 
        sentencing judge, be liable for any costs incurred by the 
        Federal Government, or by any State or local government, for 
        housing, maintaining, and treating the person until the person 
        attains the age of 18 years.
    ``(c) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning set forth in section 521 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        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. 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.--Whoever, being a person not less than 18 years of 
age, intentionally uses a minor to commit a crime of violence for which 
such person may be prosecuted in a court of the United States, or to 
assist in avoiding detection or apprehension for such an offense, 
shall--
            ``(1) be subject to twice the maximum term of imprisonment 
        and twice the maximum fine that would otherwise be authorized 
        for the offense; and
            ``(2) for the second and any subsequent conviction under 
        this subsection, be subject to three times the maximum term of 
        imprisonment and three times the maximum fine that would 
        otherwise be authorized for the offense.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the meaning set forth 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.''.

SEC. 4. 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. 5. CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended to read as follows:
``Sec. 521. Criminal street gangs
    ``(a) Definitions.--In this section:
            ``(1) Conviction.--The term `conviction' includes a 
        finding, under Federal or State law, that a person has 
        committed an act of juvenile delinquency involving an offense 
        described in subsection (c).
            ``(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) that has as 1 of its primary purposes or 
                activities the commission of 1 or more of the offenses 
                described in subsection (c);
                    ``(B) the members of which engage, or have engaged 
                within the past 5 years, in a continuing series of 
                offenses described in subsection (c); and
                    ``(C) the activities of which affect interstate or 
                foreign commerce.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    ``(b) Offense.--
            ``(1) In general.--Whoever during the commission of an 
        offense described in paragraphs (1) through (10) of subsection 
        (c)--
                    ``(A) participates in a criminal street gang with 
                knowledge that its members engage in or have engaged in 
                a continuing series of offenses described in subsection 
                (c);
                    ``(B) intends to promote or further the felonious 
                activities of the criminal street gang or maintain or 
                increase the person's position in the gang; and
                    ``(C) has been convicted within the past 5 years of 
                an offense described in subsection (c),
        shall be imprisoned for a term that is not more than 10 years 
        greater than the maximum term provided by statute for the most 
        serious offense described in paragraphs (1) through (10) of 
        subsection (c) that the person was found to have committed as a 
        basis for the person's conviction under this section.
            ``(2) Construction with other convictions.--A term of 
        imprisonment imposed under this section shall run consecutively 
        with any term imposed upon conviction of another count under 
        the same indictment or information for an offense described in 
        subsection (c).
            ``(3) Forfeiture.--A person convicted under this section 
        shall also forfeit to the United States, notwithstanding any 
        provision of State law, all property, whether real or personal, 
        derived directly or indirectly from the offense, all property 
        used to facilitate the offense, and all property traceable 
        thereto. The forfeiture shall be in accordance with the 
        procedures set forth in the Federal Rules of Criminal Procedure 
        and section 413 of the Controlled Substances Act (21 U.S.C. 
        853).
    ``(c) Predicate Offenses.--The offenses described in this 
subsection are as follows:
            ``(1) A Federal felony 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 not less than 5 
        years.
            ``(2) A Federal felony crime of violence (as defined in 
        section 16 of this title) against the person of another.
            ``(3) An offense under section 522 of this title.
            ``(4) An offense under section 844 of this title.
            ``(5) An offense under section 875 or 876 of this title.
            ``(6) An offense under section 1084 or 1955 of this title.
            ``(7) An offense under section 1956 of this title, to the 
        extent that the offense is related to an offense involving a 
        controlled substance.
            ``(8) An offense under chapter 73 of this title.
            ``(9) An offense under section 274(a)(1)(A), 277, or 278 of 
        the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
        1327, 1328)).
            ``(10) A conspiracy, attempt, or solicitation to commit an 
        offense described in paragraphs (1) through (9).
            ``(11) A State offense that would have been an offense 
        described in paragraphs (1) through (10), if Federal 
        jurisdiction existed.
    (b) Amendment of Special Sentencing Provision.--Section 3582(d) of 
title 18, United States Code, is amended--
            (1) by striking ``chapter 95 (racketeering) or 96 
        (racketeer influenced and corrupt organizations) of this 
        title'' and inserting ``section 521 or 522 (criminal street 
        gangs) of this title, in chapter 95 (racketeering) or 96 
        (racketeer influenced and corrupt organizations) of this 
        title,''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (c) Conforming Amendment Relating to Orders for Restitution.--
Section 3663(c)(4) of title 18, United States Code, is amended by 
striking ``chapter 46 or chapter 96 of this title'' and inserting 
``section 521 of this title, under chapter 46 or 96 of this title,''.

SEC. 6. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL GANGS.

    (a) Travel Act Amendments.--Section 1952 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``and thereafter performs or 
                attempts to perform'' and inserting ``and thereafter 
                performs, or attempts or conspires to perform'';
                    (B) by striking ``5 years'' and inserting ``10 
                years''; and
                    (C) by inserting ``, and may be sentenced to 
                death'' after ``if death results shall be imprisoned 
                for any term of years or for life'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Whoever travels in interstate or foreign commerce or uses the 
mail or any facility in interstate or foreign commerce with intent, by 
bribery, force, intimidation, or threat, directed against any person, 
to delay or influence the testimony of or prevent from testifying a 
witness in a State criminal proceeding, or by any such means to cause 
any person to destroy, alter, or conceal a record, document, or other 
object, with intent to impair the object's integrity or availability 
for use in such a proceeding, and thereafter performs, or attempts or 
conspires to perform, an act described in this subsection shall be 
fined under this title, imprisoned not more than 20 years, or both, and 
if death results, shall be imprisoned for any term of years or for 
life, and may be sentenced to death.''; and
            (4) in subsection (c), as so redesignated, by inserting 
        ``assault with a deadly weapon, assault resulting in serious 
        bodily injury (as defined in section 1365 of this title), 
        shooting at an occupied dwelling or motor vehicle, intimidation 
        of or retaliation against a witness, victim, juror, or 
        informant,'' after ``extortion, bribery,''.
    (b) Amendment to 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 increase in the offense level for violations of 
section 1952 of title 18, United States Code, as amended by this 
section.

SEC. 7. INCREASED PENALTIES FOR USING PHYSICAL FORCE TO TAMPER WITH 
              WITNESSES, VICTIMS, OR INFORMANTS.

    (a) In General.--Section 1512 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
    ``(2) Whoever uses physical force or the threat of physical force 
against any person, or attempts to do so, with intent to--
            ``(A) influence, delay, or prevent the testimony of any 
        person in an official proceeding;
            ``(B) cause or induce any person to--
                    ``(i) withhold testimony, or withhold a record, 
                document, or other object, from an official proceeding;
                    ``(ii) alter, destroy, mutilate, or conceal an 
                object with intent to impair the object's integrity or 
                availability for use in an official proceeding;
                    ``(iii) evade legal process summoning that person 
                to appear as a witness, or to produce a record, 
                document, or other object, in an official proceeding; 
                or
                    ``(iv) be absent from an official proceeding to 
                which such person has been summoned by legal process; 
                or
            ``(C) hinder, delay, or prevent the communication to a law 
        enforcement officer or judge of the United States of 
        information relating to the commission or possible commission 
        of a Federal offense or a violation of conditions of probation, 
        supervised release, parole, or release pending judicial 
        proceedings,
shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3), as so redesignated--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A); and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
            ``(B) in the case of--
                    ``(i) an attempt to murder; or
                    ``(ii) the use, or attempted use, of physical force 
                against any person,
        imprisonment for not more than twenty years; and
            ``(C) in the case of the use of the threat of physical 
        force against any person, imprisonment for not more than ten 
        years.'';
            (2) in subsection (b), by striking ``or physical force''; 
        and
            (3) by adding at the end the following:
    ``(j) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.
    (b) Retaliating Against a Witness.--Section 1513 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(e) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.
    (c) Conforming Amendments.--
            (1) Witness tampering.--Section 1512 of title 18, United 
        States Code, is amended in subsections (b)(3) and (c)(2) by 
        inserting ``supervised release,'' after ``probation''.
            (2) Retaliation against a witness.--Section 1513 of title 
        18, United States Code, is amended in subsections (a)(1)(B) and 
        (b)(2) by inserting ``supervised release,'' after 
        ``probation''.

SEC. 8. OTHER VIOLENT OFFENSES FREQUENTLY OR TYPICALLY COMMITTED BY 
              GANGS.

    (a) Carjacking.--Section 2119 of title 18, United States Code, is 
amended by striking ``, with the intent to cause death or serious 
bodily harm''.
    (b) Amendments Relating to Violent Crime in Areas of Exclusive 
Federal Jurisdiction.--
            (1) Assault within maritime and territorial jurisdiction of 
        united states.--Section 113(a)(3) of title 18, United States 
        Code, is amended by striking ``with intent to do bodily 
        harm,''.
            (2) Manslaughter.--Section 1112(b) of title 18, United 
        States Code, is amended by striking ``ten years'' and inserting 
        ``twenty years''.
            (3) Offenses within indian country.--Section 1153(a) of 
        title 18, United States Code, is amended by inserting ``an 
        offense for which the maximum statutory term of imprisonment 
        under section 1363 of this title is greater than five years,'' 
        after ``a felony under chapter 109A,''.
            (4) Racketeer influenced and corrupt organizations.--
        Section 1961(1)(A) of title 18, United States Code, is amended 
        by inserting ``or would have been so chargeable except that the 
        act or threat (other than gambling) was committed in Indian 
        country, as defined in section 1151 of this title, or in any 
        other area of exclusive federal jurisdiction'' after 
        ``chargeable under State law''.
    (c) Amendments to Statutes Punishing Violent Crimes for Hire or in 
Aid of Racketeering.--
            (1) Murder-for-hire.--Section 1958(a) of title 18, United 
        States Code, is amended by inserting ``or other felony crime of 
        violence against the person'' after ``murder''.
            (2) Violent crimes in aid of racketeering.--Section 1959 of 
        title 18, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (4)--
                                    (I) by inserting ``specified in 
                                paragraphs (1) through (3)'' after 
                                ``threatening to commit a crime of 
                                violence''; and
                                    (II) by striking ``five'' and 
                                inserting ``ten'';
                            (ii) in paragraph (5), by striking ``ten'' 
                        and inserting ``twenty'';
                            (iii) in paragraph (6), by striking 
                        ``three'' and inserting ``ten''; and
                    (B) in subsection (b)--
                            (i) by striking ``and'' at the end of 
                        paragraph (1);
                            (ii) by striking the period at the end of 
                        paragraph (2) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph (3):
            ``(3) `serious bodily injury' has the meaning set forth in 
        section 2119 of this title.''.
    (d) Conspiracy.--Section 371 of title 18, United States Code, is 
amended--
            (1) by designating the first paragraph as subsection (a);
            (2) in subsection (a), as so designated, by striking 
        ``either to commit any offense against the United States, or'';
            (3) by striking the second paragraph; and
            (4) by adding at the end the following new subsection:
    ``(b) If two or more persons conspire to commit any offense against 
the United States, and one or more of such persons do any act to effect 
the object of the conspiracy, each shall be subject to the same 
penalties as those prescribed for the most serious offense the 
commission of which was the object of the conspiracy, except that the 
penalty of death shall not be imposed.''.

SEC. 9. SERIOUS JUVENILE DRUG OFFENSES AS PREDICATE FOR ARMED CAREER 
              CRIMINAL STATUS.

    Section 924(e)(2)(C) of title 18, United States Code, is amended by 
inserting ``or serious drug offense'' after ``violent felony''.

SEC. 10. SENTENCING GUIDELINES FOR GANG CRIMES, INCLUDING AN INCREASE 
              IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG 
              MEMBER.

    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 eliminate the policy statement in 
section 5K2.18 of the guidelines regarding section 521 of title 18, 
United States Code, and instead provide a base offense level in chapter 
2 of the guidelines for offenses described in sections 521 and 522 of 
title 18, United States Code, that reflects the seriousness of these 
offenses. Such guidelines shall include an appropriate enhancement 
(which shall be in addition to any other adjustment under chapter 3 of 
the Federal Sentencing guidelines) for any offense described in section 
521 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 gang at the time of the offense. Such 
guidelines shall also include an appropriate enhancement (which shall 
be in addition to any other adjustment under chapter 3 of the Federal 
Sentencing Guidelines) for a person who, in violating such section 522, 
recruits, solicits, induces, commands, or causes another person 
residing in another State to be or remain a member of a criminal street 
gang, or who crosses a State line with intent to violate such section 
522.

SEC. 11. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area under this 
        section, the Attorney General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $100,000,000 for each of fiscal years 
        2002 through 2008, to be used in accordance with paragraph (2).
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 60 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 40 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of amounts made available 
                under paragraph (1) in each fiscal year are used to 
                assist rural States affected as described in 
                subparagraphs (B) and (C) of subsection (b)(3).
                    (B) Rural state defined.--In this paragraph, the 
                term ``rural State'' has the meaning given the term in 
                section 1501(b) of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)).

SEC. 12. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO COMBAT 
              GANG CRIME AND YOUTH VIOLENCE.

    (a) In General.--Section 31702 of subtitle Q of title III of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) 
is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) to allow the hiring of additional prosecutors, so 
        that more cases can be prosecuted and backlogs reduced;
            ``(6) to provide funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively;
            ``(7) to provide funding to assist prosecutors with funding 
        for technology, equipment, and training to assist prosecutors 
        in reducing the incidence of, and increase the successful 
        identification and speed of prosecution of young violent 
        offenders; and
            ``(8) to provide funding to assist prosecutors in their 
        efforts to engage in community prosecution, problem solving, 
        and conflict resolution techniques through collaborative 
        efforts with police, school officials, probation officers, 
        social service agencies, and community organizations.''.
    (b) Authorization of Appropriations.--Section 31707 of subtitle Q 
of title III of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13867) is amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle, $50,000,000 for each of fiscal years 2002 through 2006.''.

SEC. 13. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended by 
striking ``arresting officer'' each place it appears in the first and 
second sentences and inserting ``arresting officer or another 
representative of the Attorney General''.
                                 <all>