[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2815 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2815

    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
 violent gang crime, 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 HOUSE OF REPRESENTATIVES

                             June 10, 2009

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

_______________________________________________________________________

                                 A BILL


 
    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
 violent gang crime, 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.

    This Act may be cited as the ``Anti-Gang Enforcement Act of 2009''.

SEC. 2. 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 use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, in order 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 that the 
person being recruited, solicited, induced, commanded, or caused to be 
or remain a member of such gang participate in an offense described in 
section 521(b).
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) be imprisoned not more than 10 years, fined under 
        this title, or both; and
            ``(2) if the person recruited, solicited, induced, 
        commanded, or caused to participate in a criminal street gang 
        is a minor--
                    ``(A) be imprisoned for not less than 3 years and 
                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. 3. 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 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 The Gang Prevention and Effective Deterrence 
        Act of 2003 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) Predicate gang crime.--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) 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) Illegal Participation in Criminal Street Gangs.--It shall be 
unlawful--
            ``(1) to participate in a criminal street gang by 
        committing, or conspiring or attempting to commit, 2 or more 
        predicate gang crimes--
                    ``(A) in furtherance or in aid of the activities of 
                a criminal street gang; or
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a 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; or
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a gang.
    ``(c) Penalties.--
            ``(1) Imprisonment of up to 30 years or life.--Any person 
        who violates paragraph (1) of subsection (b)--
                    ``(A) shall be imprisoned not more than 30 years;
                    ``(B) if the violation is based on a predicate gang 
                crime for which the maximum penalty includes life 
                imprisonment, shall be imprisoned for any term of years 
                or for life; and
                    ``(C) if the person commits such a violation after 
                1 or more prior convictions for such a predicate gang 
                crime, that is not part of the instant violation, shall 
                be imprisoned for any term of years not less than 15 
                years or for life.
            ``(2) Imprisonment of up to 20 years.--
                    ``(A) In general.--A person who violates subsection 
                (b)(2) shall be imprisoned for not more than 20 years, 
                fined under this title, or both.
                    ``(B) Subject is a minor.--If the person who was 
                the subject of the violation under subsection (b)(2) 
                was less than 18 years of age at the time of the 
                violation, the person committing the violation shall be 
                imprisoned for not less than 10 years.
                    ``(C) Consecutive terms.--A term of imprisonment 
                under this paragraph shall run consecutively to any 
                other term of imprisonment, including that imposed for 
                any other violation of this chapter.
            ``(3) Additional penalties.--In addition to any other 
        penalty authorized by this section--
                    ``(A) a person who violates paragraph (1) or (2) of 
                subsection (b), 1 of whose predicate gang crimes 
                involves murder or conspiracy to commit murder which 
                results in the taking of a life, shall be punished by 
                death or by imprisonment for any term of years or for 
                life;
                    ``(B) a person who violates paragraph (1) or (2) of 
                subsection (b), 1 of whose predicate gang crimes 
                involves attempted murder or conspiracy to commit 
                murder, shall be imprisoned for not more than 30 years; 
                and
                    ``(C) a person who violates paragraph (1) or (2) of 
                subsection (b), and who at the time of the offense 
                occupied a position of organizer, leader, supervisor, 
                manager, or other position of management in the 
                criminal street gang involved in such violation, shall 
                be imprisoned for any term of years not less than 15 
                years or for life.
    ``(d) Forfeiture.--
            ``(1) In general.--A person who violates any provision of 
        this section shall, in addition to any other penalty and 
        irrespective of any provision of State law, forfeit to the 
        United States--
                    ``(A) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation; and
                    ``(B) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation.
            ``(2) Application of controlled substances act.--
        Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), and (p) of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853) shall apply to a forfeiture 
        under this section.''.
    (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. 4. 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 2, 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, in furtherance or in aid of a criminal street 
gang, murders, kidnaps, sexually assaults, 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, 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 
        specified in paragraphs (1) through (4), 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 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) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the same meaning as in section 521 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended by adding at the 
end the following:

``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

SEC. 5. 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, in furtherance or in aid of an enterprise 
engaged in racketeering activity, murders, kidnaps, sexually assaults, 
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. 6. 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, 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, 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 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;
            ``(6) 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
            ``(7) 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 924(c)(3) 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.''.

SEC. 7. SENTENCING GUIDELINES FOR GANG CRIMES, INCLUDING AN INCREASE IN 
              OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG 
              MEMBER.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal sentencing guidelines to eliminate the policy statement in 
section 5K2.18 of the guidelines regarding section 521 of title 18, 
United States Code, and instead provide a base offense level in chapter 
2 of the guidelines for offenses described in sections 521, 522, and 
523 of title 18, United States Code, that reflects the seriousness of 
these offenses. Such guidelines shall include an appropriate 
enhancement (which shall be in addition to any other adjustment under 
chapter 3 of the Federal Sentencing guidelines) for any offense 
described in section 521, 522, or 523 if the offense was committed in 
furtherance or in aid of the activities of a criminal street gang.

SEC. 8. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE 
              ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.

    (a) In General.--The Attorney General shall 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 101(b), in high 
        intensity interstate gang activity areas within a United States 
        attorney's district.
    (b) Additional Assistant United States Attorneys for Project Safe 
Neighborhoods.--
            (1) In general.--The Attorney General may hire 94 
        additional Assistant United States attorneys 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 2004 
        through 2008 to carry out this section.

SEC. 9. 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 
shall 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 
        Federal Bureau of Investigation $5,000,000 for each of the 
        fiscal years 2004 through 2008 to carry out the Safe Streets 
        Program.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 10. MULTIPLE INTERSTATE MURDER.

    Part I of chapter 51 of title 18, United States Code, is amended by 
adding at the end the following new section:

``SEC. 1123. USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF 
              MULTIPLE MURDER.

    ``(a) In General.--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 2 or more murders be committed in violation of the laws of 
any State or the United States, or who conspires to do so--
            ``(1) shall be fined under this title, imprisoned for not 
        more than 30 years, or both;
            ``(2) if personal injury results, shall be fined under this 
        title, imprisoned for not more than 30 years, or both; and
            ``(3) 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.
    ``(b) Definitions.--As used in this section:
            ``(1) Facility in interstate commerce.--The term `facility 
        in interstate commerce' includes means of transportation and 
        communication.
            ``(2) 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.''.
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