[Congressional Record Volume 140, Number 53 (Thursday, May 5, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   THE OMNIBUS CRIME BILL--H.R. 4092

                                 ______


                               speech of

                          HON. GARY A. FRANKS

                             of connecticut

                    in the house of representatives

                       Wednesday, April 20, 1994

  Mr. FRANKS of Connecticut. Mr. Chairman, I rise today to express my 
support for the Omnibus Crime Bill. I believe that H.R. 4092 is a 
positive step toward combatting the crime epidemic that is facing our 
Nation. However, we in Congress can and must do more.
  The crime problem in this country has reached intolerable levels. The 
criminals that commit these crimes have no regard for human life. We 
must send a message to the criminal that committing a violent crime 
will carry a severe penalty. This legislation will make an additional 
22 crimes including carjacking and drive-by shootings, subject to the 
death penalty. I introduced H.R. 2290 which extends the imposition of 
the death penalty to carjacking crimes in which a death results. My 
legislation is significant because it includes carjacking murders that 
do not involve the use of a firearm. I am very pleased that the 
committee included my bill in H.R. 4092.
  Criminals across this Nation continue to victimize the honest law-
abiding citizens in our towns and cities, while drug dealers continue 
to supply drugs which are killing the youth of our Nation. We must not 
let this trend continue. It is time to take back our neighborhoods and 
our streets from the criminal.
  One does not need statistics to realize that the crime epidemic 
continues to tear at the social and economic fabric of our Nation. I am 
pleased that Congress was finally able to consider a comprehensive 
crime package. Republicans have had a comprehensive crime package ready 
since last August. We have consistently led the charge for crime 
legislation.
  It is time for our judicial system to be revamped, starting at the 
Federal level, so that the death penalty can be enacted for the most 
serious crimes. We must send a message to individuals who perpetrate 
these serious crimes that their actions will no longer be tolerated. in 
my opinion, strengthening the death penalty will send this message.
  This legislation strengthens the Federal death penalty by 
establishing procedures which require a jury to impose the death 
penalty if the aggravating factors outweigh the mitigating 
circumstances. This will alleviate juror discretion problem which led 
the Supreme Court to nullify the death penalty in 1972. The death 
penalty provide a strong deterrent, and must be reinstated on the 
Federal level.
  Generally, the death penalty should be reserved for capital crimes. 
However, drug kingpins are destroying the youth of our Nation. The time 
has come to crack down on these individuals. I supported the McCollum 
amendment which establishes death penalty procedures for drug kingpins. 
This amendment is important since it allows drug kingpins to receive 
the death penalty even if they are charged with a crime in which no 
death results.

  In recent weeks we have heard quite a bit about the ``Three Strikes 
and You're Out'' provision. If enforced this provision imposes 
mandatory life imprisonment without parole for criminals convicted of 
three violent crimes. However, I am concerned that the third offense 
must be a Federal crime. Ninety-five percent of violent crimes fall 
under State or local jurisdiction. We are essentially saying two 
strikes and an unlimited number of foul tips. This legislation is only 
effective if the States adopt this provision on a local level.
  The real issue is need for tougher Truth in Sentencing provisions. 
The McCollum truth in sentencing amendment would have required that 
prisoners serve 85 percent of their sentences before States were 
eligible for Federal prison building grants. In my home State of 
Connecticut inmates only serve about 50 percent of their sentences. The 
McCollum amendment would have provided needed financial incentives to 
the States to augment time served by criminals. I do not believe that 
pouring more Federal dollars into State prison systems without 
requiring needed reforms will be effective in fighting crime.
  I did support the Chapman compromise amendment which will provide an 
additional $10.5 billion for State prison expansion grants. Twenty-five 
percent of the funding in this amendment is incentive based. These 
incentives will encourage States to increase the percentage of violent 
offenders sent to prison and lengthen the average time served by 
violent offenders. Criminals mock the current system as a 25-year 
sentence may mean as little as 3 to 5 years in prison. It is time for 
criminals who commit violent crime to do real time.
  Protecting our children has always been a strong priority of mine. We 
must put an end to child abuse and molestation. This legislation will 
set up a much needed national registration and tracking system for 
child abusers. Local police need to know when an individual with a 
history of child molestation is moving into their community. H.R. 4092 
also establishes stiffer penalties for assaults on children. Crimes 
against children are inexcusable. We owe it to our children to protect 
them from these horrible individuals and punish the individuals who 
perpetrate them.
  In addition to stiffer penalties for child abuse, this legislation 
expresses the sense of Congress that child pornography is a crime 
deserving full prosecution under the Federal child pornography statute. 
The Clinton administration has reinterpreted the Federal anti-child 
pornography laws, which makes it more difficult to convict child 
pornographers. I am outraged by the administration's soft position on 
this issue.
  On a different note, I recently learned that prisoners were receiving 
Pell grants, while honest law abiding students from working class 
families were being denied a college education. Accordingly, I 
supported the Fields/Gordon amendment which prohibits prisoners from 
receiving Pell grants. Last year, prisoners received about $70 million 
in Pell grants. That is outrageous! This funding will now go where it 
belongs: towards education for hard-working students and not hardened 
criminals.

  Too often the rights of the criminal are protected at the expense of 
the rights of the victims. In my opinion the rights of victims and law 
abiding citizens should be considered equally with those of criminals. 
Under this legislation, victims will now be able to state their case at 
a defendant's sentencing. This is an important step towards evening the 
playing field.
  There are a disproportionate number of minorities in our prison 
system. I believe a strong family unit, education, jobs and a sense of 
hope will help correct this imbalance. Establishing racial quotas for 
the death penalty is not the answer.
  The racial justice provision of this legislation allows for death row 
sentences to be reversed on statistics without evidence that race was a 
factor in the sentencing. This sets a dangerous precedent by reversing 
the fundamental tenet of our judicial system that each case should be 
considered on its merits, based only on the particular facts of that 
case. It is crucial that this language be removed in the conference 
committee.
  Prosecutors will now have the option to try juveniles as adults for 
major crimes of violence. Too many communities across America live in 
constant fear because of the loophole that allow juvenile offenders to 
be placed back on the street hours after they commit serious crimes. 
Youths that commit adult crimes should serve adult time.
  I am pleased that Congress was finally able to address the national 
crime problem and draft a comprehensive crime package. Republicans and 
Democrats were denied the opportunity to offer many good amendments. 
However, I do believe that overall, this legislation is a positive step 
in the war on crime. Accordingly, I urge my colleagues to support final 
passage of H.R. 4092.

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