[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2333

 To prohibit members of criminal street gangs from possessing firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2004

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

_______________________________________________________________________

                                 A BILL


 
 To prohibit members of criminal street gangs from possessing firearms.

    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 Activity Act of 
2004''.

SEC. 2. AMENDMENT TO TITLE 18.

    Section 922(g) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (9), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by adding after paragraph (9) the following:
            ``(10) who participates in a criminal street gang as 
        described in subsection (z);''.

SEC. 3. CRIMINAL STREET GANGS.

    Section 922 of title 18, United States Code, is amended by adding 
at the end thereof the following:
    ``(z) As used in subsection (g)(10):
            ``(1) The term `criminal street gang' means a formal or 
        informal group, club, organization, or association of 3 or more 
        individuals, who act in concert, or agree to act in concert, 
        with a purpose that any of these persons alone, or in any 
        combination, commit or will commit, 2 or more predicate gang 
        crimes, 1 of which occurs after the date of enactment of this 
        subsection and the last of which occurs not later than 10 years 
        (excluding any period of imprisonment) after the commission of 
        a prior predicate gang crime, provided that the activities of 
        the criminal street gang affect interstate or foreign commerce.
            ``(2) The term `predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, which is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, attempted murder, manslaughter, 
gambling, kidnapping, robbery, extortion, arson, obstruction of 
justice, tampering with or retaliating against a witness, victim, or 
informant, burglary, sexual assault, carjacking, or manufacturing, 
importing, distributing, possessing with intent to distribute, or 
otherwise dealing in a controlled substance or listed chemicals (as 
those terms are defined in section 102 of the Controlled Substances Act 
(21 U.S.C. 802));
                    ``(B) any act punishable by imprisonment for more 
                than 1 year under section 844 (relating to explosive 
                materials), section 922(g)(1) (where the underlying 
                conviction is a serious violent felony (as defined in 
                section 3559(c)(2)(F) of this title) or is a serious 
                drug offense (as defined in section 942(e)(2)(A) of 
                this title), or subsection (a)(2), (b), (c), (g), or 
                (h) of section 924 (relating to receipt, possession, 
                and transfer of firearms), sections 1028 and 1029 
                (relating to fraud and related activity in connection 
                with identification documents or access devices), 
                section 1503 (relating to obstruction of justice), 
                section 1510 (relating to obstruction of criminal 
                investigations), section 1512 (relating to tampering 
                with a witness, victim, or informant), or section 1513 
                (relating to retaliating against a witness, victim, or 
                informant), section 1951 (relating to interference with 
                commerce, robbery or extortion), section 1952 (relating 
                to racketeering), section 1956 (relating to the 
                laundering of monetary instruments), section 1957 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), 
                section 1958 (relating to use of interstate commerce 
                facilities in the commission of murder-for-hire), 
                sections 2312 through 2315 (relating to interstate 
                transportation of stolen motor vehicles or stolen 
                property); or
                    ``(C) any act involving the Immigration and 
                Nationality Act, section 274 (relating to brining in 
                and harboring certain aliens), section 277 (relating to 
                aiding or assisting certain aliens to enter the United 
                States), or section 278 (relating to importation of 
                alien for immoral purpose).
            ``(3) The term `State' means each of the several States of 
        the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.
            ``(4) The term `participates in a criminal street gang' 
        means--
                    ``(A) to participate in a criminal street gang by 
                committing, or conspiring or attempting to commit, 2 or 
                more predicate gang crimes--
                            ``(i) in furtherance or in aid of the 
                        activities of a criminal street gang; or
                            ``(ii) for the purpose of gaining entrance 
                        to or maintaining or increasing position in 
                        such a gang; or
                    ``(B) to employ, use, command, counsel, persuade, 
                induce, entice, or coerce any individual to commit, 
                cause to commit, or facilitate the commission of, a 
                predicate gang crime--
                            ``(i) in furtherance or in aid of the 
                        activities of a criminal street gang; or
                            ``(ii) for the purpose of gaining entrance 
                        to or maintaining or increasing position in 
                        such a gang.''.
                                 <all>