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Calendar No. 210
105th CONGRESS
1st Session
S. 10
[Report No. 105-108]
_______________________________________________________________________
A BILL
To reduce violent juvenile crime, promote accountability by juvenile
criminals, punish and deter violent gang crime, and for other purposes.
_______________________________________________________________________
October 9, 1997
Reported with an amendment
Calendar No. 210
105th CONGRESS
1st Session
S. 10
[Report No. 105-108]
To reduce violent juvenile crime, promote accountability by juvenile
criminals, punish and deter violent gang crime, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 1997
Mr. Hatch (for himself, Mr. Sessions, Mr. Ashcroft, Mr. Domenici, Mr.
Lott, Mr. Abraham, Mr. Bond, Mr. Coverdell, Mr. Craig, Mr. D'Amato, Mr.
Enzi, Mr. Faircloth, Mr. Gorton, Mr. Grams, Mr. Grassley, Mr. Hagel,
Mr. Helms, Mr. Hutchinson, Mr. Kyl, Mr. Murkowski, Mr. Roberts, Mr.
Smith of New Hampshire, Mr. Thomas, Mr. Thurmond, Mr. Warner, Mr.
Mack, Mr. Burns, and Mr. McConnell) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
October 9, 1997
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reduce violent juvenile crime, promote accountability by juvenile
criminals, punish and deter violent gang crime, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Violent
and Repeat Juvenile Offender Act of 1997''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings and purposes.
<DELETED>Sec. 3. Severability.
<DELETED>TITLE I--JUVENILE JUSTICE REFORM
<DELETED>Sec. 101. Repeal of general provision.
<DELETED>Sec. 102. Treatment of Federal juvenile offenders.
<DELETED>Sec. 103. Capital cases.
<DELETED>Sec. 104. Definitions.
<DELETED>Sec. 105. Notification after arrest.
<DELETED>Sec. 106. Detention prior to disposition.
<DELETED>Sec. 107. Speedy trial.
<DELETED>Sec. 108. Dispositional hearings.
<DELETED>Sec. 109. Use of juvenile records.
<DELETED>Sec. 110. Incarceration of violent offenders.
<DELETED>Sec. 111. Federal sentencing guidelines.
<DELETED>TITLE II--JUVENILE GANGS
<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Increase in offense level for participation in crime
as a gang member.
<DELETED>Sec. 203. Amendment of title 18 with respect to criminal
street gangs.
<DELETED>Sec. 204. Interstate and foreign travel or transportation in
aid of criminal street gangs.
<DELETED>Sec. 205. Solicitation or recruitment of persons in criminal
gang activity.
<DELETED>Sec. 206. Crimes involving the recruitment of persons to
participate in criminal street gangs and
firearms offenses as RICO predicates.
<DELETED>Sec. 207. Prohibitions relating to firearms.
<DELETED>Sec. 208. Amendment of sentencing guidelines with respect to
body armor.
<DELETED>Sec. 209. Additional prosecutors.
<DELETED>TITLE III--JUVENILE CRIME CONTROL AND ACCOUNTABILITY
<DELETED>Sec. 301. Findings; declaration of purpose; definitions.
<DELETED>Sec. 302. Youth Crime Control and Accountability Block Grants.
<DELETED>Sec. 303. Runaway and homeless youth.
<DELETED>Sec. 304. Authorization of appropriations.
<DELETED>Sec. 305. Repeal.
<DELETED>Sec. 306. Transfer of functions and savings provisions.
<DELETED>Sec. 307. Repeal of unnecessary and duplicative programs.
<DELETED>Sec. 308. Civil monetary penalty surcharge.
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) at the outset of the twentieth century, the
States adopted 2 separate juvenile justice systems for violent
and nonviolent offenders;</DELETED>
<DELETED> (2) violent crimes committed by juveniles, such as
homicide, rape, and robbery, were an unknown phenomenon at that
time, but the rate at which juveniles commit such crimes has
escalated astronomically since that time;</DELETED>
<DELETED> (3) in 1994--</DELETED>
<DELETED> (A) the number of persons arrested overall
for murder in the United States decreased by 5.8
percent, but the number of persons who are less than 15
years of age arrested for murder increased by 4
percent; and</DELETED>
<DELETED> (B) the number of persons arrested for all
violent crimes increased by 1.3 percent, but the number
of persons who are less than 15 years of age arrested
for violent crimes increased by 9.2 percent, and the
number of persons less than 18 years of age arrested
for such crimes increased by 6.5 percent;</DELETED>
<DELETED> (4) from 1985 to 1996, the number of persons
arrested for all violent crimes increased by 52.3 percent, but
the number of persons under age 18 arrested for violent crimes
rose by 75 percent;</DELETED>
<DELETED> (5) the number of juvenile offenders is expected
to undergo a massive increase during the first 2 decades of the
twenty-first century, culminating in an unprecedented number of
violent offenders who are less than 18 years of age;</DELETED>
<DELETED> (6) the rehabilitative model of sentencing for
juveniles, which Congress rejected for adult offenders when
Congress enacted the Sentencing Reform Act of 1984, is
inadequate and inappropriate for dealing with violent and
repeat juvenile offenders;</DELETED>
<DELETED> (7) the Federal Government should encourage the
States to experiment with progressive solutions to the
escalating problem of juveniles who commit violent crimes and
who are repeat offenders, including prosecuting all such
offenders as adults, but should not impose specific strategies
or programs on the States;</DELETED>
<DELETED> (8) an effective strategy for reducing violent
juvenile crime requires greater collection of investigative
data and other information, such as fingerprints and DNA
evidence, as well as greater sharing of such information among
Federal, State, and local agencies, including the courts, in
the law enforcement and educational systems;</DELETED>
<DELETED> (9) data regarding violent juvenile offenders must
be made available to the adult criminal justice system if
recidivism by criminals is to be addressed
adequately;</DELETED>
<DELETED> (10) holding juvenile proceedings in secret denies
victims of crime the opportunity to attend and be heard at such
proceedings, helps juvenile offenders to avoid accountability
for their actions, and shields juvenile proceedings from public
scrutiny and accountability;</DELETED>
<DELETED> (11) the injuries and losses suffered by the
victims of violent crime are no less painful or devastating
because the offender is a juvenile; and</DELETED>
<DELETED> (12) the investigation, prosecution, adjudication,
and punishment of criminal offenses committed by juveniles is,
and should remain, primarily the responsibility of the States,
to be carried out without interference from the Federal
Government.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to reform juvenile law so that the paramount
concerns of the juvenile justice system are providing for the
safety of the public and holding juvenile wrongdoers
accountable for their actions, while providing the wrongdoer a
genuine opportunity for self-reform;</DELETED>
<DELETED> (2) to revise the procedures in Federal court that
are applicable to the prosecution of juvenile
offenders;</DELETED>
<DELETED> (3) to address specifically the problem of violent
crime and controlled substance offenses committed by youth
gangs; and</DELETED>
<DELETED> (4) to encourage and promote, consistent with the
ideals of federalism, adoption of policies by the States to
ensure that the victims of crimes of violence committed by
juveniles receive the same level of justice as do victims of
violent crimes that are committed by adults.</DELETED>
<DELETED>SEC. 3. SEVERABILITY.</DELETED>
<DELETED> If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected
thereby.</DELETED>
<DELETED>TITLE I--JUVENILE JUSTICE REFORM</DELETED>
<DELETED>SEC. 101. REPEAL OF GENERAL PROVISION.</DELETED>
<DELETED> (a) In General.--Chapter 401 of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking section 5001; and</DELETED>
<DELETED> (2) by redesignating section 5003 as section
5001.</DELETED>
<DELETED> (b) Technical Amendments.--The chapter analysis for
chapter 401 of title 18, United States Code, is amended--</DELETED>
<DELETED> (1) by striking the item relating to section 5001;
and</DELETED>
<DELETED> (2) by redesignating the item relating to section
5003 as 5001.</DELETED>
<DELETED>SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.</DELETED>
<DELETED> (a) In General.--Section 5032 of title 18, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 5032. Delinquency proceedings in district courts;
juveniles tried as adults; transfer for other criminal
prosecution</DELETED>
<DELETED> ``(a) In General.--A juvenile who is not less than 14
years of age and who is alleged to have committed an act that, if
committed by an adult, would be a criminal offense, shall be tried in
the appropriate district court of the United States--</DELETED>
<DELETED> ``(1) as an adult at the discretion of the United
States Attorney in the appropriate jurisdiction, upon a finding
by that United States Attorney, which finding shall not be
subject to review in or by any court, trial or appellate, that
there is a substantial Federal interest in the case or the
offense to warrant the exercise of Federal jurisdiction, if the
juvenile is charged with a Federal offense that--</DELETED>
<DELETED> ``(A) is a crime of violence (as that term
is defined in section 16); or</DELETED>
<DELETED> ``(B) involves a controlled substance (as
that term is defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the penalty
is a term of imprisonment of not less than 5 years;
and</DELETED>
<DELETED> ``(2) in all other cases, as a juvenile.</DELETED>
<DELETED> ``(b) Referral by United States Attorney.--</DELETED>
<DELETED> ``(1) In general.--If the United States Attorney
in the appropriate jurisdiction declines prosecution of a
charged offense under subsection (a)(2), the United States
Attorney may refer the matter to the appropriate legal
authorities of the State or Indian tribe.</DELETED>
<DELETED> ``(2) Definitions.--In this section--</DELETED>
<DELETED> ``(A) the term `State' includes a State of
the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States; and</DELETED>
<DELETED> ``(B) the term `Indian tribe' has the same
meaning as in section 4(e) of the Indian Self-
Determination and Education Assistance Act.</DELETED>
<DELETED> ``(c) Applicable Procedures.--Any action prosecuted in a
district court of the United States under this section--</DELETED>
<DELETED> ``(1) shall proceed in the same manner as is
required by this title and by the Federal Rules of Criminal
Procedure in proceedings against an adult in the case of a
juvenile who is being tried as an adult in accordance with
subsection (a); and</DELETED>
<DELETED> ``(2) in all other cases, shall proceed in
accordance with this chapter, unless the juvenile has requested
in writing, upon advice of counsel, to be proceeded against as
an adult.</DELETED>
<DELETED> ``(d) Capital Cases.--Subject to section 3591, if a
juvenile is tried and sentenced as an adult, the juvenile shall be
subject to being sentenced to death on the same terms and in accordance
with the same procedures as an adult.</DELETED>
<DELETED> ``(e) Application of Laws.--In any case in which a
juvenile is prosecuted in a district court of the United States as an
adult, the juvenile shall be subject to the same laws, rules, and
proceedings regarding sentencing that would be applicable in the case
of an adult. No juvenile sentenced to a term of imprisonment shall be
released from custody simply because the juvenile reaches the age of 18
years.</DELETED>
<DELETED> ``(f) Open Proceedings.--</DELETED>
<DELETED> ``(1) In general.--Any offense tried in a district
court of the United States pursuant to this section shall be
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