I 111th CONGRESS 1st Session H. R. 2815 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.
1.
Short title
This Act may be cited as the Anti-Gang Enforcement Act of 2009.
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:
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.
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3.
Criminal street gangs
(a)
Criminal street gang prosecutions
Section 521 of title 18, United States Code, is amended to read as follows:
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. .
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:
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. .
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. .
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:
424.
Murder and other violent crimes committed during and in relation to a drug trafficking crime
(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. .
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.
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.
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.
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:
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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