[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2108-S2109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire (for himself, Mr. Jeffords, and Mr. 
        Helms):
  S. 500. A bill to amend section 991(a) of title 28, United States 
Code, to require certain members of the United States Sentencing 
Commission to be selected from among individuals who are victims of a 
crime of violence; to the Committee on the Judiciary.


            united states sentencing commission legislation

  Mr. SMITH of New Hampshire. Mr. President, I rise to introduce a bill 
that I sponsored in the last Congress to give victims of crime a 
greater voice in sentencing. My bill, which is being cosponsored by 
Senators Jeffords and Helms, would reserve two of the seven seats on 
the United States Sentencing Commission for victims of violent crimes.
  Mr. President, the Sentencing Commission is an independent entity 
within the judicial branch that establishes sentencing policies and 
practices for the Federal courts. This includes sentencing guidelines 
that prescribe the appropriate form and severity of punishment for 
offenders convicted of Federal crimes.
  The U.S. sentencing Commission is composed of seven voting members 
who are appointed by the President, with the advice and consent of the 
Senate, for six-year terms. The Commission also includes two non-voting 
members. Of the seven voting members of the Sentencing Commission, 
three must be Federal judges.
  Under my bill, two of the four seats on the Sentencing Commission 
that are not filled by Federal judges would be reserved for victims of 
a crime of violence or, in the case of a homicide, an immediate family 
member of such a victim. My bill utilizes the definition of a crime of 
violence that is found in section 16 of title 18 of the United States 
Code.
  All seven voting seats on the Sentencing Commission are vacant. Now 
is the right time to give victims of crime a voice by requiring that 
two of those vacant seats must be filled by Americans who have been 
victimized by violent crimes.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was order to be printed in the 
Record, as follows:

                                 S. 500

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COMPOSITION OF UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Section 991(a) of title 28, United States 
     Code, is amended by inserting after ``same political party,'' 
     the following: ``Of the members who are not Federal judges, 
     not less than 2 members shall be individuals who are victims 
     of a crime of violence (as that term is defined in section 16 
     of title 18) or, in the case of a homicide, an immediate 
     family member of such a victim.''.
       (b) Applicability.--The amendment made by this section 
     shall apply with respect to

[[Page S2109]]

     any appointment made on or after the date of enactment of 
     this Act.
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