[Congressional Record Volume 151, Number 62 (Thursday, May 12, 2005)]
[Extensions of Remarks]
[Page E949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 1279, GANG DETERRENCE AND COMMUNITY 
                         PROTECTION ACT OF 2005

                                 ______
                                 

                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Wednesday, May 11, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 6) to ensure 
     jobs for our future with secure, affordable, and reliable 
     energy:

  Mr. UDALL of Colorado. Mr. Chairman, I do not support this bill in 
its current form, and must vote against it.
  Gang violence is real and serious. And there are already a wide range 
of Federal laws on the books that can be and are used to combat it. For 
example, Federal prosecutors are already armed with the Continuing 
Criminal enterprise, CCE, and Racketeer Influenced and Corrupt 
Organizations Act, RICO, statutes.
  So, is there an urgent need to pass new legislation that 
``federalizes'' criminal gang activity and pushes the Federal 
Government further into law enforcement that is now being handled by 
the states? I doubt it, and think a better approach would be to support 
state and local law enforcement directly.
  I am also not convinced that it makes sense to further expand the 
definition of criminal street gang and to reclassify some misdemeanors 
as crimes of violence, as this bill would do, and I am particularly 
concerned about the provisions to establish new mandatory minimum 
sentences.
  Violent and dangerous people, whether members of gangs or not, need 
to be securely confined. But our experience with mandatory minimum 
sentences shows they are ineffective in preventing crime, they distort 
the sentencing process, and result mainly in a considerable waste of 
taxpayers' money.
  I think instead of adding new Federal laws, Congress would achieve 
better results by providing greater assistance to state and local law 
enforcement agencies and to prevention programs which can reduce the 
impetus for young people to join gangs.
  The bill does include some provisions that I support, including those 
that will make it easier for law enforcement agencies to have access to 
information about people who are in the country illegally and are 
subject to deportation. However, I think that they are outweighed by 
the bill's defects and so I will vote against this measure.

                          ____________________