Home > 108th Congressional Bills > S. 1736 (is) To promote simplification and fairness in the administration and collection of sales and use taxes. [Introduced in Senate] ...

S. 1736 (is) To promote simplification and fairness in the administration and collection of sales and use taxes. [Introduced in Senate] ...


Google
 
Web GovRecords.org







                                                       Calendar No. 608
108th CONGRESS
  2d Session
                                S. 1735

    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
 violent crimes, to reform and facilitate prosecution of juvenile gang 
     members who commit violent crimes, to expand and improve gang 
              prevention programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2003

  Mr. Hatch (for himself, Mrs. Feinstein, Mr. Grassley, Mr. Graham of 
 South Carolina, Mr. Chambliss, Mr. Cornyn, Mr. Schumer, and Mr. Biden)

                              July 6, 2004

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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 protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
 violent crimes, to reform and facilitate prosecution of juvenile gang 
     members who commit violent crimes, to expand and improve gang 
              prevention programs, 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 ``Gang 
Prevention and Effective Deterrence Act of 2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
          <DELETED>TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

<DELETED>Sec. 100. Short title.
  <DELETED>Subtitle A--Criminal Law Reforms and Enhanced Penalties To 
             Deter and Punish Illegal Street Gang Activity

<DELETED>Sec. 101. Solicitation or recruitment of persons in criminal 
                            street gang activity.
<DELETED>Sec. 102. Criminal street gangs.
<DELETED>Sec. 103. Violent crimes in furtherance or in aid of criminal 
                            street gangs.
<DELETED>Sec. 104. Interstate and foreign travel or transportation in 
                            aid of criminal street gangs.
<DELETED>Sec. 105. Amendments relating to violent crime in areas of 
                            exclusive Federal jurisdiction.
<DELETED>Sec. 106. Increased penalties for use of interstate commerce 
                            facilities in the commission of murder-for-
                            hire and other felony crimes of violence.
<DELETED>Sec. 107. Increased penalties for violent crimes in aid of 
                            racketeering activity.
<DELETED>Sec. 108. Murder and other violent crimes committed during and 
                            in relation to a drug trafficking crime.
<DELETED>Sec. 109. Sentencing guidelines for gang crimes, including an 
                            increase in offense level for participation 
                            in crime as a gang member.
 <DELETED>Subtitle B--Increased Federal Resources To Deter and Prevent 
            At-Risk Youth From Joining Illegal Street Gangs

<DELETED>Sec. 110. Designation of and assistance for ``high intensity'' 
                            interstate gang activity areas.
<DELETED>Sec. 111. Enhancement of project safe neighborhoods initiative 
                            to improve enforcement of criminal laws 
                            against violent gangs.
<DELETED>Sec. 112. Additional resources needed by the Federal Bureau of 
                            Investigation to investigate and prosecute 
                            violent criminal street gangs.
<DELETED>Sec. 113. Grants to State and local prosecutors to combat 
                            violent crime and to protect witnesses and 
                            victims of crimes.
 <DELETED>TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT 
                           ILLEGAL GANG CRIME

<DELETED>Sec. 201. Multiple interstate murder.
<DELETED>Sec. 202. Expansion of rebuttable presumption against release 
                            of persons charged with firearms offenses.
<DELETED>Sec. 203. Venue in capital cases.
<DELETED>Sec. 204. Statute of limitations for violent crime.
<DELETED>Sec. 205. Predicate crimes for authorization of interception 
                            of wire, oral, and electronic 
                            communications.
<DELETED>Sec. 206. Clarification of definition of crime of violence.
<DELETED>Sec. 207. Clarification to hearsay exception for forfeiture by 
                            wrongdoing.
<DELETED>Sec. 208. Clarification of venue for retaliation against a 
                            witness.
<DELETED>Sec. 209. Amendment of sentencing guidelines relating to 
                            certain gang and violent crimes.
<DELETED>Sec. 210. Increased penalties for criminal use of firearms in 
                            crimes of violence and drug trafficking.
<DELETED>Sec. 211. Conforming amendment.
    <DELETED>TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

<DELETED>Sec. 301. Treatment of Federal juvenile offenders.
<DELETED>Sec. 302. Notification after arrest.
<DELETED>Sec. 303. Release and detention prior to disposition.
<DELETED>Sec. 304. Speedy trial.
<DELETED>Sec. 305. Use of juvenile records.
<DELETED>Sec. 306. Federal sentencing guidelines.

     <DELETED>TITLE I--CRIMINAL STREET GANG ABATEMENT ACT</DELETED>

<DELETED>SEC. 100. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Criminal Street Gang 
Abatement Act''.</DELETED>

  <DELETED>Subtitle A--Criminal Law Reforms and Enhanced Penalties To 
        Deter and Punish Illegal Street Gang Activity</DELETED>

<DELETED>SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
              STREET GANG ACTIVITY.</DELETED>

<DELETED>    Chapter 26 of title 18, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>``Sec. 522. Recruitment of persons to participate in a 
              criminal street gang</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Penalties.--Any person who violates subsection (a) 
shall--</DELETED>
        <DELETED>    ``(1) be imprisoned not more than 10 years, fined 
        under this title, or both; and</DELETED>
        <DELETED>    ``(2) if the person recruited, solicited, induced, 
        commanded, or caused to participate in a criminal street gang 
        is a minor--</DELETED>
                <DELETED>    ``(A) be imprisoned for not less than 3 
                years and not more than 10 years, fined under this 
                title, or both; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 102. CRIMINAL STREET GANGS.</DELETED>

<DELETED>    (a) Criminal Street Gang Prosecutions.--Section 521 of 
title 18, United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 521. Criminal street gang prosecutions</DELETED>
<DELETED>    ``(a) Definitions.--As used in this chapter:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Predicate gang crime.--The term `predicate 
        gang crime' means--</DELETED>
                <DELETED>    ``(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));</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Illegal Participation in Criminal Street Gangs.--It 
shall be unlawful--</DELETED>
        <DELETED>    ``(1) to participate in a criminal street gang by 
        committing, or conspiring or attempting to commit, 2 or more 
        predicate gang crimes--</DELETED>
                <DELETED>    ``(A) in furtherance or in aid of the 
                activities of a criminal street gang; or</DELETED>
                <DELETED>    ``(B) for the purpose of gaining entrance 
                to or maintaining or increasing position in such a 
                gang; or</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) in furtherance or in aid of the 
                activities of a criminal street gang; or</DELETED>
                <DELETED>    ``(B) for the purpose of gaining entrance 
                to or maintaining or increasing position in such a 
                gang.</DELETED>
<DELETED>    ``(c) Penalties.--</DELETED>
        <DELETED>    ``(1) Imprisonment of up to 30 years or life.--Any 
        person who violates paragraph (1) of subsection (b)--</DELETED>
                <DELETED>    ``(A) shall be imprisoned not more than 30 
                years;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Imprisonment of up to 20 years.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Additional penalties.--In addition to any 
        other penalty authorized by this section--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) a person who violates paragraph (1) 

Pages: 1 2 3 4 5 6 Next >>

Other Popular 108th Congressional Bills Documents:

1 S.Res. 421 (ats) Expressing outrage at the recent terrorist atrocities in Beslan, Russian Federation, and condolences to the families of the victims. [Agreed to Senate] ...
2 H.R. 2254 (ih) To designate the facility of the United States Postal Service located at 1101 Colorado Street in Boulder City, Nevada, as the ``Bruce Woodbury Post Office Building''. [Introduced in House] ...
3 H.Con.Res. 428 (ih) Recommending that Congress not provide funds for fiscal year 2005 for [Introduced in House] ...
4 S. 286 (is) To revise and extend the Birth Defects Prevention Act of 1998. [Introduced in Senate] ...
5 S. 742 (is) To authorize assistance for individuals with disabilities in foreign countries, including victims of warfare and civil strife, and for other purposes. [Introduced in Senate] ...
6 H.R. 3181 (ih) To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the predisaster mitigation program, and for other purposes. [Introduced in House] ...
7 H.Res. 582 (ih) Congratulating The Jewish Museum on its 100th anniversary. [Introduced in House] ...
8 H.Res. 794 (eh) [Engrossed in House] ...
9 H.R. 699 (ih) To direct the Secretary of the Interior to conduct a comprehensive study of the Rathdrum Prairie/Spokane Valley Aquifer, located in Idaho and Washington. [Introduced in House] ...
10 S. 2273 (is) To provide increased rail transportation security. [Introduced in Senate] ...
11 H.R. 3785 (ih) To authorize the exchange of certain land in Everglades National Park. [Introduced in House] ...
12 H.R. 39 (ih) To establish and implement a competitive oil and gas leasing program that will result in an environmentally sound and job creating program for the exploration, development, and production of the oil and gas resources of the Coastal Plain, and...
13 H.R. 902 (ih) To authorize the Secretary of Agriculture to convey certain parcels of [Introduced in House] ...
14 S.Con.Res. 93 (es) [Engrossed in Senate] ...
15 H.R. 10 (ih) To provide for reform of the intelligence community, terrorism [Introduced in House] ...
16 H.R. 2475 (ih) To amend title 38, United States Code, to provide an enhanced funding [Introduced in House] ...
17 S. 1927 (is) To establish an award program to encourage the development of effective bomb-scanning technology. [Introduced in Senate] ...
18 H.R. 3227 (ih) To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, and for o...
19 H.R. 13 (enr) To reauthorize the Museum and Library Services Act, and for other purposes. [Enrolled bill] ...
20 S.Con.Res. 43 (es) [Engrossed in Senate] ...
21 H.Res. 776 (rh) Of inquiry requesting the President and directing the Secretary of Health and Human Services provide certain documents to the House of Representatives relating to estimates and analyses of the cost of the Medicare prescription drug legisla...
22 S. 2214 (is) To designate the facility of the United States Postal Service located at 3150 Great Northern Avenue in Missoula, Montana, as the ``Mike Mansfield Post Office''. [Introduced in Senate] ...
23 H.R. 337 (rh) To extend certain hydro-electric licenses in the State of Alaska. [Reported in House] ...
24 H.R. 1180 (ih) To promote the use of hydrogen fuel cell vehicles, and for other purposes. [Introduced in House] ...
25 H.R. 3334 (ih) To authorize the Secretary of the Interior to participate in the design and construction of the Riverside-Corona Feeder in cooperation with the Western Municipal Water District of Riverside, California. [Introduced in House] ...
26 H.R. 3537 (ih) To designate the facility of the United States Postal Service located at 185 State Street in Manhattan, Illinois, as the ``Army Pvt. Shawn Pahnke Manhattan Post Office''. [Introduced in House] ...
27 S. 931 (es) To direct the Secretary of Agriculture to undertake a program to reduce the risks from and mitigate the effects of avalanches on recreational users of public land. [Engrossed in Senate] ...
28 H.R. 1963 (ih) To amend title XVIII of the Social Security Act to provide for the fair treatment of certain physician pathology services under the Medicare Program. [Introduced in House] ...
29 S. 2241 (enr) To reauthorize certain school lunch and child nutrition programs through June 30, 2004. [Enrolled bill] ...
30 H.Con.Res. 527 (ih) Expressing the sense of Congress with respect to the murder of Emmett Till. [Introduced in House] ...


Other Documents:

108th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy