[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 155 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 155

    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
 violent crimes, to reform and facilitate prosecution of juvenile gang 
     members who commit violent crimes, to expand and improve gang 
              prevention programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

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

_______________________________________________________________________

                                 A BILL


 
    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
 violent crimes, to reform and facilitate prosecution of juvenile gang 
     members who commit violent crimes, to expand and improve gang 
              prevention programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gang Prevention 
and Effective Deterrence Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

Sec. 100. Findings.
 Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and 
                  Punish Illegal Street Gang Activity

Sec. 101. Solicitation or recruitment of persons in criminal street 
                            gang activity.
Sec. 102. Criminal street gangs.
Sec. 103. Violent crimes in furtherance or in aid of criminal street 
                            gangs.
Sec. 104. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 105. Amendments relating to violent crime in areas of exclusive 
                            Federal jurisdiction.
Sec. 106. Increased penalties for use of interstate commerce facilities 
                            in the commission of murder-for-hire and 
                            other felony crimes of violence.
Sec. 107. Increased penalties for violent crimes in aid of racketeering 
                            activity.
Sec. 108. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
 Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk 
                Youth From Joining Illegal Street Gangs

Sec. 110. Designation of and assistance for ``high intensity'' 
                            interstate gang activity areas.
Sec. 111. Enhancement of project safe neighborhoods initiative to 
                            improve enforcement of criminal laws 
                            against violent gangs.
Sec. 112. Additional resources needed by the Federal Bureau of 
                            Investigation to investigate and prosecute 
                            violent criminal street gangs.
Sec. 113. Grants to State and local prosecutors to combat violent crime 
                            and to protect witnesses and victims of 
                            crimes.
Sec. 114. Reauthorize the gang resistance education and training 
                            projects program.
  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

Sec. 201. Multiple interstate murder.
Sec. 202. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 203. Venue in capital cases.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Predicate crimes for authorization of interception of wire, 
                            oral, and electronic communications.
Sec. 206. Clarification to hearsay exception for forfeiture by 
                            wrongdoing.
Sec. 207. Clarification of venue for retaliation against a witness.
Sec. 208. Amendment of sentencing guidelines relating to certain gang 
                            and violent crimes.
Sec. 209. Increased penalties for criminal use of firearms in crimes of 
                            violence and drug trafficking.
Sec. 210. Possession of firearms by dangerous felons.
Sec. 211. Conforming amendment.
         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

Sec. 301. Treatment of Federal juvenile offenders.
Sec. 302. Notification after arrest.
Sec. 303. Release and detention prior to disposition.
Sec. 304. Speedy trial.
Sec. 305. Federal sentencing guidelines.

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

SEC. 100. FINDINGS.

    Congress finds that--
            (1) violent crime and drug trafficking are pervasive 
        problems at the national, State, and local level;
            (2) the crime rate is exacerbated by the association of 
        persons in gangs to commit acts of violence and drug offenses;
            (3) according to the most recent National Drug Threat 
        Assessment, criminal street gangs are responsible for the 
        distribution of much of the cocaine, methamphetamine, heroin, 
        and other illegal drugs being distributed in rural and urban 
        communities throughout the United States;
            (4) gangs commit acts of violence or drug offenses for 
        numerous motives, such as membership in or loyalty to the gang, 
        for protecting gang territory, and for profit;
            (5) gang presence has a pernicious effect on the free flow 
        of commerce in local businesses and directly affects the 
        freedom and security of communities plagued by gang activity;
            (6) gangs often recruit and utilize minors to engage in 
        acts of violence and other serious offenses out of a belief 
        that the criminal justice systems are more lenient on juvenile 
        offenders;
            (7) gangs often intimidate and threaten witnesses to 
        prevent successful prosecutions;
            (8) gang recruitment can be deterred through increased 
        vigilance, strong criminal penalties, equal partnerships with 
        State and local law enforcement, and proactive intervention 
        efforts, particularly targeted at juveniles, prior to gang 
        involvement;
            (9) State and local prosecutors, in hearings before the 
        Committee on the Judiciary of the Senate, enlisted the help of 
        Congress in the prevention, investigation, and prosecution of 
        gang crimes and in the protection of witnesses and victims of 
        gang crimes; and
            (10) because State and local prosecutors and law 
        enforcement have the expertise, experience, and connection to 
        the community that is needed to combat gang violence, 
        consultation and coordination between Federal, State, and local 
        law enforcement is critical to the successful prosecutions of 
        criminal street gangs.

 Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and 
                  Punish Illegal Street Gang Activity

SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 
              GANG ACTIVITY.

    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 a criminal street 
              gang
    ``(a) Prohibited Acts.--It shall be unlawful for any person to 
recruit, employ, 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 to cause that person to participate in an offense 
described in section 521(a).
    ``(b) Definition.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' shall have the same meaning as in section 521(a) of this 
        title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
    ``(c) Penalties.--Any person who violates subsection (a) shall--
            ``(1) be imprisoned not more than 5 years, fined under this 
        title, or both; or
            ``(2) if the person recruited, solicited, induced, 
        commanded, or caused to participate or remain in a criminal 
        street gang is under the age of 18--
                    ``(A) be imprisoned for not more than 10 years, 
                fined under this title, or both; and
                    ``(B) 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.''.

SEC. 102. CRIMINAL STREET GANGS.

    (a) Criminal Street Gang Prosecutions.--Section 521 of title 18, 
United States Code, is amended to read as follows:
``Sec. 521. Criminal street gang prosecutions
    ``(a) Definitions.--As used in this chapter:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group, club, organization, or 
        association of 3 or more individuals, who individually, 
        jointly, or in combination, have committed or attempted to 
        commit for the direct or indirect benefit of, at the direction 
        of, in furtherance of, or in association with the group, club 
        organization, or association at least 2 separate acts, each of 
        which is a predicate gang crime, 1 of which occurs after the 
        date of enactment of the Gang Prevention and Effective 
        Deterrence Act of 2004 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, and 1 predicate 
        gang crime is a crime of violence or involves 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)) provided that the 
        activities of the criminal street gang affect interstate or 
        foreign commerce, or involve the use of any facility of, or 
        travel in, interstate or foreign commerce.
            ``(2) Predicate gang crime.--The term `predicate gang 
        crime' means--
                    ``(A) any act, threat, conspiracy, or attempted 
                act, which is chargeable under Federal or State law and 
                punishable by imprisonment for more than 1 year 
                involving--
                            ``(i) murder;
                            ``(ii) manslaughter;
                            ``(iii) maiming;
                            ``(iv) assault with a dangerous weapon;
                            ``(v) assault resulting in serious bodily 
                        injury;
                            ``(vi) gambling;
                            ``(vii) kidnapping;
                            ``(viii) robbery;
                            ``(ix) extortion;
                            ``(x) arson;
                            ``(xi) obstruction of justice;
                            ``(xii) tampering with or retaliating 
                        against a witness, victim, or informant;
                            ``(xiii) burglary;
                            ``(xiv) sexual assault (which means any 
                        offense that involves conduct that would 
                        violate chapter 109A if the conduct occurred in 
                        the special maritime and territorial 
                        jurisdiction);
                            ``(xv) carjacking; or
                            ``(xvi) 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--
                            ``(i) section 844 (relating to explosive 
                        materials);
                            ``(ii) section 922(g)(1) (where the 
                        underlying conviction is a violent felony (as 
                        defined in section 924(e)(2)(B) of this title) 
                        or is a serious drug offense (as defined in 
                        section 924(e)(2)(A) of this title));
                            ``(iii) subsection (a)(2), (b), (c), (g), 
                        or (h) of section 924 (relating to receipt, 
                        possession, and transfer of firearms);
                            ``(iv) sections 1028 and 1029 (relating to 
                        fraud and related activity in connection with 
                        identification documents or access devices);
                            ``(v) section 1503 (relating to obstruction 
                        of justice);
                            ``(vi) section 1510 (relating to 
                        obstruction of criminal investigations);
                            ``(vii) section 1512 (relating to tampering 
                        with a witness, victim, or informant), or 
                        section 1513 (relating to retaliating against a 
                        witness, victim, or informant);
                            ``(viii) section 1708 (relating to theft of 
                        stolen mail matter);
                            ``(ix) section 1951 (relating to 
                        interference with commerce, robbery or 
                        extortion);
                            ``(x) section 1952 (relating to 
                        racketeering);
                            ``(xi) section 1956 (relating to the 
                        laundering of monetary instruments);
                            ``(xii) section 1957 (relating to engaging 
                        in monetary transactions in property derived 
                        from specified unlawful activity);
                            ``(xiii) section 1958 (relating to use of 
                        interstate commerce facilities in the 
                        commission of murder-for-hire); or
                            ``(xiv) 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 bringing 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) State.--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.
    ``(b) Participation in Criminal Street Gangs.--It shall be 
unlawful--
            ``(1) to commit, or conspire or attempt to commit a 
        predicate crime--
                    ``(A) in furtherance or in aid of the activities of 
                a criminal street gang;
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a gang; or
                    ``(C) for the direct or indirect benefit of the 
                criminal street gang, or in association with the 
                criminal street gang; or
            ``(2) 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--
                    ``(A) in furtherance or in aid of the activities of 
                a criminal street gang;
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a gang; or
                    ``(C) for the direct or indirect benefit or the 
                criminal street gang, or in association with the 
                criminal street gang.
    ``(c) Penalties.--Whoever violates paragraph (1) or (2) of 
subsection (b)--
            ``(1) shall be fined under this title, imprisoned for not 
        more than 30 years, or both; and
            ``(2) if the violation is based on a predicate gang crime 
        for which the maximum penalty includes life imprisonment, shall 
        be fined under this title, imprisoned for any term of years or 
        for life, or both.
    ``(d) Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on a 
        person who is convicted of an offense under this section, shall 
        order that the defendant forfeit to the United States--
                    ``(A) any property, real or personal, constituting 
                or traceable to gross proceeds obtained from such 
                offense; and
                    ``(B) any property used or intended to be used, in 
                any manner or part, to commit or to facilitate the 
                commission of such violation.
            ``(2) Criminal procedures.--The procedures set forth in 
        section 413 of the Controlled Substances Act (21 U.S.C. 853), 
        other than subsection (d) of that section, and in rule 32.2 of 
        the Federal Rules of Criminal Procedure, shall apply to all 
        stages of a criminal forfeiture proceeding under this section.
            ``(3) Civil procedures.--Property subject to forfeiture 
        under paragraph (1) may be forfeited in a civil case pursuant 
        to the procedures set forth in chapter 46 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended to read as 
follows:

``521. Criminal street gang prosecutions.''.

SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL STREET 
              GANGS.

    (a) Violent Crimes and Criminal Street Gang Recruitment.--Chapter 
26 of title 18, United States Code, as amended by section 101, is 
amended by adding at the end the following:
``Sec. 523. Violent crimes in furtherance or in aid of a criminal 
              street gang
    ``(a) Any person who, for the purpose of gaining entrance to or 
maintaining or increasing position in, or in furtherance or in aid of, 
or for the direct or indirect benefit of, or in association with a 
criminal street gang, or as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything of pecuniary 
value to or from a criminal street gang, murders, kidnaps, sexually 
assaults (which means any offense that involved conduct that would 
violate chapter 109A if the conduct occurred in the special maritime 
and territorial jurisdiction), maims, assaults with a dangerous weapon, 
commits assault resulting in serious bodily injury upon, commits any 
other crime of violence or threatens to commit a crime of violence 
against any individual, or attempts or conspires to do so, shall be 
punished, in addition and consecutive to the punishment provided for 
any other violation of this chapter--
            ``(1) for murder, by death or imprisonment for any term of 
        years or for life, a fine under this title, or both;
            ``(2) for kidnapping or sexual assault, by imprisonment for 
        any term of years or for life, a fine under this title, or 
        both;
            ``(3) for maiming, by imprisonment for any term of years or 
        for life, a fine under this title, or both;
            ``(4) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 30 years, a fine under this title, or both;
            ``(5) for any other crime of violence, by imprisonment for 
        not more than 20 years, a fine under this title, or both;
            ``(6) for threatening to commit a crime of violence 
        specified in paragraphs (1) through (4), by imprisonment for 
        not more than 10 years, a fine under this title, or both;
            ``(7) for attempting or conspiring to commit murder, 
        kidnapping, maiming, or sexual assault, by imprisonment for not 
        more than 30 years, a fine under this title, or both; and
            ``(8) for attempting or conspiring to commit a crime 
        involving assault with a dangerous weapon or assault resulting 
        in serious bodily injury, by imprisonment for not more than 20 
        years, a fine under this title, or both.
    ``(b) Definition.--In this section, the term `criminal street gang' 
has the same meaning as in section 521 of this title.''.
    (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 a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              RACKETEERING ENTERPRISES AND CRIMINAL STREET GANGS.

    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 ``punished by death or'' after 
                ``if death results shall be'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce or uses the 
mail or any facility in interstate or foreign commerce, with the intent 
to kill, assault, bribe, force, intimidate, or threaten any person, to 
delay or influence the testimony of, or prevent from testifying, a 
witness in a State criminal proceeding and thereafter performs, or 
attempts or conspires to perform, an act described in this subsection, 
shall--
            ``(1) be fined under this title, imprisoned for any term of 
        years, or both; and
            ``(2) if death results, be punished by death or 
        imprisonment for any term of years or for life.''; and
            (4) in subsection (c)(2), as redesignated under 
        subparagraph (B), by inserting ``intimidation of, or 
        retaliation against, a witness, victim, juror, or informant,'' 
        after ``extortion, bribery,''.

SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF EXCLUSIVE 
              FEDERAL JURISDICTION.

    (a) 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, and without just cause or 
excuse,''.
    (b) Manslaughter.--Section 1112(b) of title 18, United States Code, 
is amended by--
            (1) striking ``ten years'' and inserting ``20 years''; and
            (2) striking ``six years'' and inserting ``10 years''.
    (c) Offenses Committed 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 is 
greater than 5 years,'' after ``a felony under chapter 109A,''.
    (d) Racketeer Influenced and Corrupt Organizations.--Section 
1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or would have 
        been so chargeable if the act or threat (other than lawful 
        forms of gambling) had not been committed in Indian country (as 
        defined in section 1151) or in any other area of exclusive 
        Federal jurisdiction,'' after ``chargeable under State law''; 
        and
            (2) in subparagraph (B), by inserting ``section 1123 
        (relating to multiple interstate murder),'' after ``section 
        1084 (relating to the transmission of wagering information),''.
    (e) Carjacking.--Section 2119 of title 18, United States Code, is 
amended by striking ``, with the intent to cause death or serious 
bodily harm''.
    (f) Clarification of Illegal Gun Transfers To Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Illegal Transfers.--Whoever knowingly transfers a firearm, 
knowing that the firearm will be used to commit, or possessed in 
furtherance of, a crime of violence (as defined in subsection (c)(3)) 
or drug trafficking crime (as defined in subsection (c)(2)), shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.
    (g) 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 (criminal street gangs) or 
        522 (violent crimes in furtherance or in aid of criminal street 
        gangs), in chapter 95 (racketeering) or 96 (racketeer 
        influenced and corrupt organizations),''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (h) 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, under chapter 46 or 96,''.
    (i) Special Provision for Indian Country.--No person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to section 3559(e) of title 18, United States Code, for any offense for 
which Federal jurisdiction is solely predicated on Indian country (as 
defined in section 1151 of such title 18) and which occurs within the 
boundaries of such Indian country unless the governing body of such 
Indian tribe elects to subject the persons under the criminal 
jurisdiction of the tribe to section 3559(e) of such title 18.

SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    Section 1958 of title 18, United States Code, is amended--
            (1) by striking the header and inserting the following:
``Sec. 1958. Use of interstate commerce facilities in the Commission of 
              murder-for-hire and other felony crimes of violence'';
        and
            (2) by amending subsection (a) to read as follows:
    ``(a) Any person who travels in or causes another (including the 
intended victim) to travel in interstate or foreign commerce, or uses 
or causes another (including the intended victim) to use the mail or 
any facility in interstate or foreign commerce, with intent that a 
murder or other felony crime of violence be committed in violation of 
the laws of any State or the United States as consideration for the 
receipt of, or as consideration for a promise or agreement to pay, 
anything of pecuniary value, or who conspires to do so--
            ``(1) may be fined under this title and shall be imprisoned 
        not more than 20 years;
            ``(2) if personal injury results, may be fined under this 
        title and shall be imprisoned for not more than 30 years; and
            ``(3) if death results, may be fined not more than 
        $250,000, and shall be punished by death or imprisoned for any 
        term of years or for life, or both.''.

SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING 
              ACTIVITY.

    Section 1959(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who, as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything of pecuniary 
value from an enterprise engaged in racketeering activity, or for the 
purpose of gaining entrance to or maintaining or increasing position in 
an enterprise engaged in racketeering activity, or in furtherance or in 
aid of an enterprise engaged in racketeering activity, murders, 
kidnaps, sexually assaults (which means any offense that involved 
conduct that would violate chapter 109A if the conduct occurred in the 
special maritime and territorial jurisdiction), maims, assaults with a 
dangerous weapon, commits assault resulting in serious bodily injury 
upon, or threatens to commit a crime of violence against any individual 
in violation of the laws of any State or the United States, or attempts 
or conspires to do so, shall be punished, in addition and consecutive 
to the punishment provided for any other violation of this chapter--
            ``(1) for murder, by death or imprisonment for any term of 
        years or for life, a fine under this title, or both;
            ``(2) for kidnapping or sexual assault, by imprisonment for 
        any term of years or for life, a fine under this title, or 
        both;
            ``(3) for maiming, by imprisonment for any term of years or 
        for life, a fine under this title, or both;
            ``(4) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 30 years, a fine under this title, or both;
            ``(5) for threatening to commit a crime of violence, by 
        imprisonment for not more than 10 years, a fine under this 
        title, or both;
            ``(6) for attempting or conspiring to commit murder, 
        kidnapping, maiming, or sexual assault, by imprisonment for not 
        more than 30 years, a fine under this title, or both; and
            ``(7) for attempting or conspiring to commit assault with a 
        dangerous weapon or assault which would result in serious 
        bodily injury, by imprisonment for not more than 20 years, a 
        fine under this title, or both.''.

SEC. 108. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

``murder and other violent crimes committed during and in relation to a 
                         drug trafficking crime

    ``Sec. 424. (a) In General.--Any person who, during and in relation 
to any drug trafficking crime, murders, kidnaps, sexually assaults 
(which means any offense that involved conduct that would violate 
chapter 109A if the conduct occurred in the special maritime and 
territorial jurisdiction), maims, assaults with a dangerous weapon, 
commits assault resulting in serious bodily injury upon, commits any 
other crime of violence or threatens to commit a crime of violence 
against, any individual, or attempts or conspires to do so, shall be 
punished, in addition and consecutive to the punishment provided for 
the drug trafficking crime--
            ``(1) in the case of murder, by death or imprisonment for 
        any term of years or for life, a fine under title 18, United 
        States Code, or both;
            ``(2) in the case of kidnapping or sexual assault by 
        imprisonment for any term of years or for life, a fine under 
        such title 18, or both;
            ``(3) in the case of maiming, by imprisonment for any term 
        of years or for life, a fine under such title 18, or both;
            ``(4) in the case of assault with a dangerous weapon or 
        assault resulting in serious bodily injury, by imprisonment not 
        more than 30 years, a fine under such title 18, or both;
            ``(5) in the case of committing any other crime of 
        violence, by imprisonment for not more than 20 years, a fine 
        under this title, or both;
            ``(6) in the case of threatening to commit a crime of 
        violence specified in paragraphs (1) through (4), by 
        imprisonment for not more than 10 years, a fine under such 
        title 18, or both;
            ``(7) in the case of attempting or conspiring to commit 
        murder, kidnapping, maiming, or sexual assault, by imprisonment 
        for not more than 30 years, a fine under such title 18, or 
        both; and
            ``(8) in the case of attempting or conspiring to commit a 
        crime involving assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 20 years, a fine under such title 18, or both.
    ``(b) Venue.--A prosecution for a violation of this section may be 
brought in--
            ``(1) the judicial district in which the murder or other 
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking 
        crime may be prosecuted.
    ``(c) Applicable Death Penalty Procedures.--A defendant who has 
been found guilty of an offense under this section for which a sentence 
of death is provided shall be subject to the provisions of chapter 228 
of title 18, United States Code.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of contents for the Controlled 
Substances Act is amended by inserting after the item relating to 
section 423, the following:

``Sec. 424. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.''.

Subtitle B--Increased Federal Resources To Suppress, Deter, and Prevent 
            At-Risk Youth From Joining Illegal Street Gangs

SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY'' 
              INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section the following definitions shall 
apply:
            (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. The term 
        ``State'' shall include an ``Indian tribe'', as defined by 
        section 102 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 479a).
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, after consultation 
        with the Governors of appropriate States, may designate as high 
        intensity interstate gang activity areas, specific areas that 
        are located within 1 or more States. To the extent that the 
        goals of a high intensity interstate gang activity area 
        (HIIGAA) overlap with the goals of a high intensity drug 
        trafficking area (HIDTA), the Attorney General may merge the 2 
        areas to serve as a dual-purpose entity. The Attorney General 
        may not make the final designation of a high intensity 
        interstate gang activity area without first consulting with and 
        receiving comment from local elected officials representing 
        communities within the State of the proposed designation.
            (2) Assistance.--In order to provide Federal assistance to 
        high intensity interstate gang activity areas, the Attorney 
        General shall--
                    (A) establish criminal street gang enforcement 
                teams, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal street gangs and offenders in 
                each high intensity interstate gang activity area;
                    (B) direct the reassignment or 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 each criminal street gang 
                enforcement team; and
                    (C) provide all necessary funding for the operation 
                of the criminal street gang enforcement team in each 
                high intensity interstate gang activity area.
            (3) Composition of criminal street gang enforcement team.--
        The team established pursuant to paragraph (2)(A) shall consist 
        of agents and officers, where feasible, from--
                    (A) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (B) the Department of Homeland Security;
                    (C) the Department of Housing and Urban 
                Development;
                    (D) the Drug Enforcement Administration;
                    (E) the Internal Revenue Service;
                    (F) the Federal Bureau of Investigation;
                    (G) the United States Marshal's Service;
                    (H) the United States Postal Service;
                    (I) State and local law enforcement; and
                    (J) Federal, State and local prosecutors.
            (4) Criteria for designation.--In considering an area for 
        designation as a high intensity interstate gang activity area 
        under this section, the Attorney General shall consider--
                    (A) the current and predicted levels of gang crime 
                activity in the area;
                    (B) the extent to which violent crime in the area 
                appears to be related to criminal street gang activity, 
                such as drug trafficking, murder, robbery, assaults, 
                carjacking, arson, kidnapping, extortion, and other 
                criminal activity;
                    (C) the extent to which State and local law 
                enforcement agencies have committed resources to--
                            (i) respond to the gang crime problem; and
                            (ii) participate in a gang enforcement 
                        team;
                    (D) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to the gang crime activities in the area; and
                    (E) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of the fiscal years 2005 to 2009 to carry 
        out this section.
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 50 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 50 percent shall be used to make grants 
                available for community-based programs to provide crime 
                prevention, research, 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) Reporting requirements.--By February 1st of each year, 
        the Attorney General shall provide a report to Congress which 
        describes, for each designated high intensity interstate gang 
        activity area--
                    (A) the specific long-term and short-term goals and 
                objectives;
                    (B) the measurements used to evaluate the 
                performance of the high intensity interstate gang 
                activity area in achieving the long-term and short-term 
                goals;
                    (C) the age, composition, and membership of 
                ``gangs'';
                    (D) the number and nature of crimes committed by 
                ``gangs''; and
                    (E) the definition of the term ``gang'' used to 
                compile this report.

SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO 
              IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT 
              GANGS.

    (a) In General.--While maintaining the focus of Project Safe 
Neighborhoods as a comprehensive, strategic approach to reducing gun 
violence in America, the Attorney General is authorized to expand the 
Project Safe Neighborhoods program to require each United States 
attorney to--
            (1) identify, investigate, and prosecute significant 
        criminal street gangs operating within their district;
            (2) coordinate the identification, investigation, and 
        prosecution of criminal street gangs among Federal, State, and 
        local law enforcement agencies; and
            (3) coordinate and establish criminal street gang 
        enforcement teams, established under section 110(b), in high 
        intensity interstate gang activity areas within a United States 
        attorney's district.
    (b) Additional Staff for Project Safe Neighborhoods.--
            (1) In general.--The Attorney General may hire Assistant 
        United States attorneys, non-attorney coordinators, or 
        paralegals to carry out the provisions of this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $7,500,000 for each of the fiscal years 2005 
        through 2009 to carry out this section.

SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF 
              INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT 
              CRIMINAL STREET GANGS.

    (a) Responsibilities of Attorney General.--The Attorney General is 
authorized to require the Federal Bureau of Investigation to--
            (1) increase funding for the Safe Streets Program; and
            (2) support the criminal street gang enforcement teams, 
        established under section 110(b), in designated high intensity 
        interstate gang activity areas.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        authorized, there are authorized to be appropriated to the 
        Attorney General $5,000,000 for each of the fiscal years 2005 
        through 2009 to carry out the Safe Streets Program.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT 
              CRIME AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), 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 hire additional prosecutors to--
                    ``(A) allow more cases to be prosecuted; and
                    ``(B) reduce backlogs;
            ``(6) to fund technology, equipment, and training for 
        prosecutors and law enforcement in order to increase accurate 
        identification of gang members and violent offenders, and to 
        maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors; and
            ``(7) to create and expand witness and victim protection 
        programs to prevent threats, intimidation, and retaliation 
        against victims of, and witnesses to, violent crimes.''.
    (b) Authorization of Appropriations.--Section 31707 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.

    ``(a) In General.--There are authorized to be appropriated 
$20,000,000 for each of the fiscal years 2005 through 2009 to carry out 
this subtitle.
    ``(b) Use of Funds.--Of the amounts made available under subsection 
(a), in each fiscal year 60 percent shall be used to carry out section 
31702(7) to create and expand witness and victim protection programs to 
prevent threats, intimidation, and retaliation against victims of, and 
witnesses to, violent crimes.''.

SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING 
              PROJECTS PROGRAM.

    Section 32401(b) of the Violent Crime Control Act of 1994 (42 
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and 
inserting the following:
            ``(1) $20,000,000 for fiscal year 2005;
            ``(2) $20,000,000 for fiscal year 2006;
            ``(3) $20,000,000 for fiscal year 2007;
            ``(4) $20,000,000 for fiscal year 2008; and
            ``(5) $20,000,000 for fiscal year 2009.''.

  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

SEC. 201. MULTIPLE INTERSTATE MURDER.

    Chapter 51 of title 18, United States Code, is amended by adding at 
the end of the new section:
``Sec. 1123. Multiple murders in furtherance of common scheme of 
              purpose
    ``(a) In General.--Whoever, having committed murder in violation of 
the laws of any State or the United States, moves or travels in 
interstate or foreign commerce with the intent to commit one or more 
murders in violation of the laws of any State or the United States, and 
thereafter commits one or more murders in violation of the laws of any 
State or the United States in furtherance of a common scheme or 
purpose, or who conspires to do so--
            ``(1) shall be fined under this title, imprisoned for not 
        more than 30 years, or both, for each murder; and
            ``(2) if death results, may be fined not more than $250,000 
        under this title, and shall be punished by death or imprisoned 
        for any term of years or for life for each murder.
    ``(b) Definition.--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.''.

SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (e), in the matter following paragraph 
        (3)--
                    (A) by inserting ``an offense under section 
                922(g)(1) where the underlying conviction is a serious 
                drug offense as defined in section 924(e)(2)(A) of 
                title 18, United States Code, for which a period of not 
                more than 10 years has elapsed since the date of the 
                conviction or the release of the person from 
                imprisonment, whichever is later, or is a serious 
                violent felony as defined in section 3559(c)(2)(F) of 
                title 18, United States Code,'' after ``that the person 
                committed''; and
                    (B) by inserting ``or'' before ``the Maritime'';
            (2) in subsection (f)(1)--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(E) an offense under section 922(g); or''; and
            (3) in subsection (g), by amending paragraph (1) to read as 
        follows:
            ``(1) the nature and circumstances of the offense charged, 
        including whether the offense is a crime of violence, or 
        involves a drug, firearm, explosive, or destructive devise;''.

SEC. 203. VENUE IN CAPITAL CASES.

    Section 3235 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3235. Venue in capital cases
    ``(a) The trial for any offense punishable by death shall be held 
in the district where the offense was committed or in any district in 
which the offense began, continued, or was completed.
    ``(b) If the offense, or related conduct, under subsection (a) 
involves activities which affect interstate or foreign commerce, or the 
importation of an object or person into the United States, such offense 
may be prosecuted in any district in which those activities 
occurred.''.

SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 214 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3297. Violent crime offenses
    ``Except as otherwise expressly provided by law, no person shall be 
prosecuted, tried, or punished for any noncapital felony, crime of 
violence (as defined in section 16), including any racketeering 
activity or gang crime which involves any violent crime, unless the 
indictment is found or the information is instituted by the later of--
            ``(1) 10 years after the date on which the alleged 
        violation occurred;
            ``(2) 10 years after the date on which the continuing 
        offense was completed; or
            ``(3) 8 years after the date on which the alleged violation 
        was first discovered.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 214 of title 18, United States Code, is amended by adding at 
the end the following:

``3296. Violent crime offenses.''.

SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, 
              ORAL, AND ELECTRONIC COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (q), by striking ``or'.'';
            (2) by redesignating paragraph (r) as paragraph (u); and
            (3) by inserting after paragraph (q) the following:
            ``(r) any violation of section 424 of the Controlled 
        Substances Act (relating to murder and other violent crimes in 
        furtherance of a drug trafficking crime);
            ``(s) any violation of 1123 of title 18, United States Code 
        (relating to multiple interstate murder);
            ``(t) any violation of section 521, 522, or 523 (relating 
        to criminal street gangs); or''.

SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY 
              WRONGDOING.

    Rule 804(b)(6) of the Federal Rules of Evidence is amended to read 
as follows:
            ``(6) Forfeiture by wrongdoing. A statement offered against 
        a party that has engaged, acquiesced, or conspired, in 
        wrongdoing that was intended to, and did, procure the 
        unavailability of the declarant as a witness.''.

SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.

    Section 1513 of title 18, United States Code, is amended by--
            (1) redesignating subsection (e) beginning with ``Whoever 
        conspires'' as subsection (f); and
            (2) adding at the end the following:
    ``(g) A prosecution under this section may be brought in the 
district in which the official proceeding (whether or not pending, 
about to be instituted or was completed) was intended to be affected or 
was completed, or in which the conduct constituting the alleged offense 
occurred.''.

SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN GANG 
              AND VIOLENT CRIMES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its guidelines and 
its policy statements to conform to the provisions of title I and this 
title.
    (b) Requirements.--In carrying out this section, the Sentencing 
Commission shall--
            (1) establish new guidelines and policy statements, as 
        warranted, in order to implement new or revised criminal 
        offenses created under this title;
            (2) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offenses and the 
        penalties set forth in this title, the growing incidence of 
        serious gang and violent crimes, and the need to modify the 
        sentencing guidelines and policy statements to deter, prevent, 
        and punish such offenses;
            (3) consider the extent to which the guidelines and policy 
        statements adequately address--
                    (A) whether the guideline offense levels and 
                enhancements for gang and violent crimes--
                            (i) are sufficient to deter and punish such 
                        offenses; and
                            (ii) are adequate in view of the statutory 
                        increases in penalties contained in the Act; 
                        and
                    (B) whether any existing or new specific offense 
                characteristics should be added to reflect 
                congressional intent to increase gang and violent crime 
                penalties, punish offenders, and deter gang and violent 
                crime;
            (4) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (5) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (6) make any necessary conforming changes to the sentencing 
        guidelines; and
            (7) assure that the guidelines adequately meet the purposes 
        of sentencing under section 3553(a)(2) of title 18, United 
        States Code.

SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING.

    (a) In General.--Section 924(c)(1)(A) of title 18, United States 
Code, is amended--
            (1) by striking ``shall'' and inserting ``or conspires to 
        commit any of the above acts, shall, for each instance in which 
        the firearm is used, carried, or possessed'';
            (2) in clause (i), by striking ``5 years'' and inserting 
        ``7 years''; and
            (3) by striking clause (ii).
    (b) Conforming Amendments.--Section 924 of title 18, United States 
Code, is amended--
            (1) in subsection (c), by striking paragraph (4); and
            (2) by striking subsection (o).

SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

    (a) In General.--Section 924(e) of title 18, United States Code, is 
amended to read as follows:
    ``(e)(1) In the case of a person who violates section 922(g) of 
this title and has previously been convicted by any court referred to 
in section 922(g)(1) for a violent felony or a serious drug offense 
shall--
            ``(A) in the case of 1 such prior conviction, where a 
        period of not more than 10 years has elapsed since the date of 
        conviction or release of the person from imprisonment for that 
        conviction, be subject to imprisonment for not more than 15 
        years, a fine under this title, or both;
            ``(B) in the case of 2 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the date of conviction or 
        release of the person from imprisonment for that conviction, be 
        subject to imprisonment for not more than 20 years, a fine 
        under this title, or both; and
            ``(C) in the case of 3 such prior convictions, committed on 
        occasions different from one another, be subject to 
        imprisonment for not less than 15 years, a fine under this 
        title, or both, and notwithstanding any other provision of law, 
        the court shall not suspend the sentence of, or grant a 
        probationary sentence to, such person with respect to the 
        conviction under section 922(g).
    ``(2) As used in this subsection--
            ``(A) the term `serious drug offense' means--
                    ``(i) an offense under the Controlled Substances 
                Act (21 U.S.C. 801 et seq.), the Controlled Substances 
                Import and Export Act (21 U.S.C. 951 et seq.), or the 
                Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
                et seq.), punishable by a maximum term of imprisonment 
                of not less than 10 years; or
                    ``(ii) an offense under State law, involving 
                manufacturing, distributing, or possessing with intent 
                to manufacture or distribute, a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)), punishable by a maximum term of 
                imprisonment of not less than 10 years;
            ``(B) the term `violent felony' means any crime punishable 
        by a term of imprisonment exceeding 1 year, or any act of 
        juvenile delinquency involving the use or carrying of a 
        firearm, knife, or destructive device that would be punishable 
        by a maximum term of imprisonment for such term if committed by 
        an adult, that--
                    ``(i) has, as an element of the crime or act, the 
                use, attempted use, or threatened use of physical force 
                against the person of another; or
                    ``(ii) is burglary, arson, or extortion, involves 
                the use of explosives, or otherwise involves conduct 
                that presents a serious potential risk of physical 
                injury to another; and
            ``(C) the term `conviction' includes a finding that a 
        person has committed an act of juvenile delinquency involving a 
        violent felony.''.
    (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 for an appropriate increase in the offense level for violations 
of section 922(g) of title 18, United States Code, in accordance with 
section 924(e) of such title 18, as amended by subsection (a).

SEC. 211. CONFORMING AMENDMENT.

    The matter before paragraph (1) in section 922(d) of title 18, 
United States Code, is amended by inserting ``, transfer,'' after 
``sell''.

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for criminal prosecution
    ``(a) Delinquency Proceedings in District Courts.--
            ``(1) In general.--A juvenile alleged to have committed an 
        act of juvenile delinquency, other than a violation of law 
        committed within the special maritime and territorial 
        jurisdiction of the United States for which the maximum 
        authorized term of imprisonment does not exceed 6 months, shall 
        not be proceeded against in any court of the United States 
        unless the Attorney General, after investigation, certifies to 
        the appropriate district court of the United States that--
                    ``(A) the juvenile court or other appropriate court 
                of a State does not have jurisdiction or refuses to 
                assume jurisdiction over that juvenile with respect to 
                such alleged act of juvenile delinquency;
                    ``(B) the State does not have available programs 
                and services adequate for the needs of juveniles; or
                    ``(C) the offense charged is a crime of violence 
                that is a felony or an offense described in section 401 
                of the Controlled Substances Act (21 U.S.C. 841), 
                section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2), 
                or (3) of the Controlled Substances Import and Export 
                Act (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), 
                (3)), section 922(x), or section 924 (b), (g), or (h) 
                of this title, and there is a substantial Federal 
                interest in the case or the offense to warrant the 
                exercise of Federal jurisdiction.
            ``(2) Failure to certify.--If the Attorney General does not 
        certify under paragraph (1), the juvenile shall be surrendered 
        to the appropriate legal authorities of such State.
            ``(3) Federal proceedings.--If an alleged juvenile 
        delinquent is not surrendered to the authorities of a State 
        pursuant to this section, any proceedings against him shall be 
        in an appropriate district court of the United States. For such 
        purposes, the court may be convened at any time and place 
        within the district, in chambers or otherwise. The Attorney 
        General shall proceed by information or as authorized under 
        section 3401(g) of this title, and no criminal prosecution 
        shall be instituted for the alleged act of juvenile delinquency 
        except as provided below.
    ``(b) Transfer for Federal Criminal Prosecution.--
            ``(1) In general.--A juvenile who is alleged to have 
        committed an act of juvenile delinquency and who is not 
        surrendered to State authorities shall be proceeded against 
        under this chapter unless--
                    ``(A) the juvenile has requested in writing upon 
                advice of counsel to be proceeded against as an adult;
                    ``(B) with respect to a juvenile 15 years and older 
                alleged to have committed an act after his fifteenth 
                birthday which if committed by an adult would be a 
                felony that is a crime of violence or an offense 
                described in section 401 of the Controlled Substances 
                Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 
                of the Controlled Substances Import and Export Act (21 
                U.S.C. 952(a), 955, 959), or section 922(x) of this 
                title, or in section 924 (b), (g), or (h) of this 
                title, the Attorney General makes a motion to transfer 
                the criminal prosecution on the basis of the alleged 
                act in the appropriate district court of the United 
                States and the court finds, after hearing, such 
                transfer would be in the interest of justice as 
                provided in paragraph (2); or
                    ``(C) with respect to a juvenile 13 years and older 
                alleged to have committed an act after his thirteenth 
                birthday which if committed by an adult would be a 
                felony that is the crime of violence under section 113 
                (a), (b), (c), 1111, 1113, or, if the juvenile 
                possessed a firearm during the offense, an offense 
                under section 2111, 2113, 2241(a), or 2241(c), the 
                Attorney General makes a motion to transfer the 
                criminal prosecution on the basis of the alleged act in 
                the appropriate district court of the United States and 
                the court finds, after hearing, such transfer would be 
                in the interest of justice as provided in paragraph 
                (2).
        Notwithstanding sections 1152 and 1153, no person subject to 
        the criminal jurisdiction of an Indian tribal government shall 
        be subject to subparagraph (C) for any offense the Federal 
        jurisdiction for which is predicated solely on Indian country 
        (as defined in section 1151), and which has occurred within the 
        boundaries of such Indian country, unless the governing body of 
        the tribe has elected that the preceding sentence have effect 
        over land and persons subject to its criminal jurisdiction.
            ``(2) Factors.--
                    ``(A) In general.--Evidence of the following 
                factors shall be considered, and findings with regard 
                to each factor shall be made in the record, in 
                assessing whether a transfer under subparagraph (B) or 
                (C) of paragraph (1), and paragraph (4) of subsection 
                (d), would be in the interest of justice:
                            ``(i) The age and social background of the 
                        juvenile.
                            ``(ii) The nature of the alleged offense, 
                        including the extent to which the juvenile 
                        played a leadership role in an organization, or 
                        otherwise influenced other persons to take part 
                        in criminal activities.
                            ``(iii) Whether prosecution of the juvenile 
                        as an adult would protect public safety.
                            ``(iv) The extent and nature of the 
                        juvenile's prior delinquency record.
                            ``(v) The juvenile's present intellectual 
                        development and psychological maturity.
                            ``(vi) The nature of past treatment efforts 
                        and the juvenile's response to such efforts.
                            ``(vii) The availability of programs 
                        designed to treat the juvenile's behavioral 
                        problems.
                    ``(B) Nature of the offense.--In considering the 
                nature of the offense, as required by this paragraph, 
                the court shall consider the extent to which the 
                juvenile played a leadership role in an organization, 
                or otherwise influenced other persons to take part in 
                criminal activities, involving the use or distribution 
                of controlled substances or firearms. Such a factor, if 
                found to exist, shall weigh in favor of a transfer to 
                adult status, but the absence of this factor shall not 
                preclude such a transfer.
                    ``(C) Notice.--Reasonable notice of the transfer 
                hearing under subparagraph (B) or (C) of paragraph (1) 
                shall be given to the juvenile, the juvenile's parents, 
                guardian, or custodian and to the juvenile's counsel. 
                The juvenile shall be assisted by counsel during the 
                transfer hearing, and at every other critical stage of 
                the proceedings.
    ``(c) Mandatory Transfer of Juvenile 16 or Older.--A juvenile who 
is alleged to have committed an act on or after his sixteenth birthday, 
which if committed by an adult would be a felony offense, that has an 
element thereof the use, attempted use, or threatened use of physical 
force against the person of another, or that, by its very nature, 
involves a substantial risk that physical force against the person of 
another, may be used in committing the offense or would be an offense 
described in section 32, 81, or 2275 or subsection (d), (e), (f), (h), 
or (i) of section 844 of this title, subsection (d) or (e) or 
subparagraphs (A), (B), (C), (D), or (E) of subsection (b)(1) of 
section 401 of the Controlled Substances Act, or section 1002(a), 1003, 
or 1009, or paragraphs (1), (2), or (3) of section 1010(b) of the 
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 
959, 960(b) (1), (2), and (3)), and who has previously been found 
guilty of an act which if committed by an adult would have been one of 
the offenses set forth in this subsection or subsection (b), or an 
offense in violation of a State felony statute that would have been 
such an offense if a circumstance giving rise to Federal jurisdiction 
had existed, shall be transferred, upon notification by the United 
States, to the appropriate district court of the United States for 
criminal prosecution.
    ``(d) Sixteen and Seventeen Year Olds Charged With the Most Serious 
Violent Felonies.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a juvenile may be prosecuted as an adult if the juvenile 
        is alleged to have committed, conspired, solicited or attempted 
        to commit, on or after the day the juvenile attains the age of 
        16 any offense involving--
                    ``(A) murder;
                    ``(B) manslaughter;
                    ``(C) assault with intent to commit murder;
                    ``(D) sexual assault (which means any offense that 
                involves conduct that would violate chapter 109A if the 
                conduct occurred in the special maritime and 
                territorial jurisdiction);
                    ``(E) robbery (as described in section 2111, 2113, 
                or 2118);
                    ``(F) carjacking with a dangerous weapon;
                    ``(G) extortion;
                    ``(H) arson;
                    ``(I) firearms use;
                    ``(J) firearms possession (as described in section 
                924(c);
                    ``(K) drive-by shooting;
                    ``(L) kidnapping;
                    ``(M) maiming;
                    ``(N) assault resulting in serious bodily injury; 
                or
                    ``(O) obstruction of justice (as described in 
                1512(a)(1)) on or after the day the juvenile attains 
                the age of 16.
            ``(2) Other offenses.--In a prosecution under this 
        subsection the juvenile may be prosecuted and convicted as an 
        adult for any other offense which is properly joined under the 
        Federal Rules of Criminal Procedure, and may also be convicted 
        as an adult of a lesser included offense.
            ``(3) Reviewability.--Except as otherwise provided by this 
        subsection, a determination to approve or not to approve, or to 
        institute or not to institute, a prosecution under this 
        subsection shall not be reviewable in any court.
            ``(4) Prosecution.--(A) In any prosecution of a juvenile 
        under this subsection, upon motion of the defendant, the court 
        in which the criminal charges have been filed shall after a 
        hearing determine whether to issue an order that the defendant 
        should be transferred to juvenile status.
            ``(B) A motion by a defendant under this paragraph shall 
        not be considered unless filed no later than 30 days after the 
        date on which the defendant initially appears through counsel 
        or expressly waives the right to counsel and elects to proceed 
        pro se.
            ``(C) The court shall not order the transfer of a defendant 
        to juvenile status under this paragraph unless the defendant 
        establishes by clear and convincing evidence that removal to 
        juvenile status would be in the interest of justice. In making 
        a determination under this paragraph, the court shall consider 
        the factors specified in subsection (b)(2) of this section.
            ``(5) Order.--An order of the court made in ruling on a 
        motion by a defendant to transfer a defendant to juvenile 
        status under this subsection shall not be a final order for the 
        purpose of enabling an appeal, except that an appeal by the 
        United States shall lie to a court of appeals pursuant to 
        section 3731 of this title from an order of a district court 
        removing a defendant to juvenile status. Upon receipt of a 
        notice of appeal of an order under this paragraph, a court of 
        appeals shall hear and determine the appeal on an expedited 
        basis. The court of appeals shall give due regard to the 
        opportunity of the district court to judge the credibility of 
        the witnesses, and shall accept the findings of fact of the 
        district court unless they are clearly erroneous, and the court 
        of appeals shall review de novo the district court's 
        application of the law to the facts.
    ``(e) Sixteen and Seventeen Year Olds Charged With Other Serious 
Violent Felonies.--
            ``(1) In general.--Except as provided by subsection (d), a 
        juvenile may be prosecuted as an adult if the juvenile is 
        alleged to have committed an act on or after the day the 
        juvenile attains the age of 16 which is committed by an adult 
        would be a serious violent felony as described in paragraphs 
        (2) and (3) of section 3559(a).
            ``(2) Other offenses.--In a prosecution under this 
        subsection the juvenile may be prosecuted and convicted as an 
        adult for any other offense which is properly joined under the 
        Federal Rules of Criminal Procedure, and may also be convicted 
        as an adult of a lesser included offense.
            ``(3) Reviewability.--Except as otherwise provided by this 
        subsection, a determination to approve or not to approve, or to 
        institute or not to institute, a prosecution under this 
        subsection shall not be reviewable in any court.
            ``(4) Prosecution.--(A) In any prosecution of a juvenile 
        under this subsection, upon motion of the defendant, the court 
        in which the criminal charges have been filed shall after a 
        hearing determine whether to issue an order that the defendant 
        should be transferred to juvenile status.
            ``(B) A motion by a defendant under this paragraph shall 
        not be considered unless filed no later than 30 days after the 
        date on which the defendant initially appears through counsel 
        or expressly waives the right to counsel and elects to proceed 
        pro se.
            ``(C) The court shall not order the transfer of a defendant 
        to juvenile status under this paragraph unless the defendant 
        establishes by clear and convincing evidence that removal to 
        juvenile status would be in the interest of justice. In making 
        a determination under this paragraph, the court shall consider 
        the factors specified in subsection (b)(2) of this section.
            ``(5) Order.--An order of the court made in ruling on a 
        motion by a defendant to transfer a defendant to juvenile 
        status under this subsection shall be a final order for the 
        purpose of enabling an appeal. Upon receipt of a notice of 
        appeal of an order under this paragraph, a court of appeals 
        shall hear and determine the appeal on an expedited basis. The 
        court of appeals shall give due regard to the opportunity of 
        the district court to judge the credibility of the witnesses, 
        and shall accept the findings of fact of the district court 
        unless they are clearly erroneous, and the court of appeals 
        shall review de novo the district court's application of the 
        law to the facts.
    ``(f) Proceedings.--
            ``(1) Subsequent proceeding barred.--Once a juvenile has 
        entered a plea of guilty or the proceeding has reached the 
        stage that evidence has begun to be taken with respect to a 
        crime or an alleged act of juvenile delinquency subsequent 
        criminal prosecution or juvenile proceedings based upon such 
        alleged act of delinquency shall be barred.
            ``(2) Statements.--Statements made by a juvenile prior to 
        or during a transfer hearing under this section shall not be 
        admissible at subsequent criminal prosecutions except for 
        impeachment purposes or in a prosecution for perjury or making 
        a false statement.
            ``(3) Further proceedings.--Whenever a juvenile transferred 
        to district court under subsection (b) or (c) is not convicted 
        of the crime upon which the transfer was based or another crime 
        which would have warranted transfer had the juvenile been 
        initially charged with that crime, further proceedings 
        concerning the juvenile shall be conducted pursuant to the 
        provisions of this chapter.
            ``(4) Receipt of records.--A juvenile shall not be 
        transferred to adult prosecution under subsection (b) nor shall 
        a hearing be held under section 5037 (disposition after a 
        finding of juvenile delinquency) until any prior juvenile court 
        records of such juvenile have been received by the court, or 
        the clerk of the juvenile court has certified in writing that 
        the juvenile has no prior record, or that the juvenile's record 
        is unavailable and why it is unavailable.
            ``(5) Specific acts described.--Whenever a juvenile is 
        adjudged delinquent pursuant to the provisions of this chapter, 
        the specific acts which the juvenile has been found to have 
        committed shall be described as part of the official record of 
        the proceedings and part of the juvenile's official record.
    ``(g) State.--For purposes of this section, the term `State' 
includes a State of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the United States.''.
    (b) Conforming Amendment.--The analysis for chapter 403 of title 
18, United States Code, is amended by striking the item relating to 
section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for criminal 
                            prosecution.''.

SEC. 302. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended in the 
first sentence, by striking ``immediately notify the Attorney General 
and'' and inserting ``immediately, or as soon as practicable 
thereafter, notify the Attorney General and shall promptly take 
reasonable steps to notify''.

SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate Judge.--Section 5034 of title 18, United 
States Code, is amended--
            (1) in the first undesignated paragraph, by striking ``The 
        magistrate judge shall insure'' and inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate judge 
        shall ensure'';
            (2) in the second undesignated paragraph, by striking ``The 
        magistrate judge may appoint'' and inserting the following:
            ``(2) Guardian ad litem.--The magistrate judge may 
        appoint'';
            (3) in the third undesignated paragraph, by striking ``If 
        the juvenile'' and inserting the following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--
            ``(1) In general.--A juvenile, who is to be tried as an 
        adult under section 5032, shall be released pending trial in 
        accordance with the applicable provisions of chapter 207.
            ``(2) Conditions.--A release under paragraph (1) shall be 
        conducted in the same manner, and shall be subject to the same 
        terms, conditions, and sanctions for violation of a release 
        condition, as provided for an adult under chapter 207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult under 
        section 5032 for an offense committed while on release under 
        this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--Except as provided in subsection (b), a 
juvenile''; and
            (2) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--A juvenile who is to be 
tried as an adult under section 5032 shall be subject to detention in 
accordance with chapter 207.''.

SEC. 304. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5036. Speedy trial
    ``(a) In General.--If an alleged delinquent, who is to be proceeded 
against as a juvenile pursuant to section 5032 and who is in detention 
pending trial, is not brought to trial within 70 days from the date 
upon which such detention began, the information shall be dismissed on 
motion of the alleged delinquent or at the direction of the court.
    ``(b) Periods of Exclusion.--The periods of exclusion under section 
3161(h) shall apply to this section.
    ``(c) Judicial Considerations.--In determining whether an 
information should be dismissed with or without prejudice, the court 
shall consider--
            ``(1) the seriousness of the alleged act of juvenile 
        delinquency;
            ``(2) the facts and circumstances of the case that led to 
        the dismissal; and
            ``(3) the impact of a reprosecution on the administration 
        of justice.''.

SEC. 305. FEDERAL SENTENCING GUIDELINES.

    (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
    (b) Guidelines for Juvenile Cases.--Section 994 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(z) Guidelines for Juvenile Cases.--Not later than May 1, 2006, 
the Commission, pursuant to its rules and regulations and consistent 
with all pertinent provisions of any Federal statute, shall promulgate 
and distribute, to all courts of the United States and to the United 
States Probation System, guidelines, as described in this section, for 
use by a sentencing court in determining the sentence to be imposed in 
a criminal case if the defendant committed the offense as a juvenile, 
and is tried as an adult pursuant to section 5032 of title 18.''.
                                 <all>