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] ...
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)
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