Gang Prevention and Suppression Legislation in the 109th Congress: Side-by-Side Comparison of S. 155, H.R. 1279, and H.R. 4472

CRS Report for Congress
Gang Prevention and Suppression Legislation in
th
the 109 Congress: Side-by-Side Comparison of
S. 155, H.R. 1279, and H.R. 4472
Updated March 30, 2006
Celinda Franco
Specialist in Social Legislation
Domestic Social Policy Division


Congressional Research Service ˜ The Library of Congress

Gang Prevention and Suppression Legislation in the

109th Congress: Side-By-Side Comparison of S. 155,


H.R. 1279, and H.R. 4472
Summary
Youth gangs and the violence associated with them continue to be a pervasive
problem in cities across the country. For the most part, gang-related activities have
been a state and local law enforcement issue. Until recently, the federal role in
stemming illegal gang activities was limited to grant programs to state and local law
enforcement, and community-based agencies for prevention and local law
enforcement efforts. These types of programs focus on efforts to prevent at-risk
youths from joining gangs or from staying in gangs, and community law enforcement
efforts to involve communities in dealing with gangs. As gangs expanded the types
of illegal activities they engaged in, policy makers responded. Although legislation
had been passed throughout the years that criminalized certain gang-related acts,
Congress began to specifically address gang-related violence in 1986. More recently,
concerns about the growing violence of gangs, as well as the potential threat they
may pose to domestic security, has intensified congressional interest.
In the 109th Congress, legislation has been introduced to prevent and deter gang
members involved in violent criminal behavior. Some of the bills focus narrowly on
the gang problem, such as H.R. 283, which would authorize grants to prevent
bullying and gang activities. Other bills address aspects of the ‘transnational’ gang
threat of foreign gang members through improved border security (H.R. 1168, H.R.

1225) and immigration law changes (H.R. 2672 and S. 853, H.R.2933, S. 1168).


This report will focus on some of the more comprehensive anti-gang bills under
consideration. S. 155, includes numerous revisions to current law regarding gangs,
including increased criminal penalties for gang members convicted of serious violent
crimes. H.R. 1279, passed by the House of Representatives on May 11, 2005, would
amend the federal criminal code to increase penalties for individuals participating in
a criminal street gang who have committed certain violent crimes, among other
things. H.R. 4472, passed by the House on March 8, 2006, while similar to H.R.
1279, differs by having fewer mandatory minimum prison sentences for gang crimes
and providing a new anti-gang program designed to provide services to assist
offenders reentering the community. They also would amend current law by
increasing penalties for gangs and gang members who use interstate and foreign
commerce-related aid to racketeering enterprises using interstate commerce to
commit other illegal acts.
Arguably, the most controversial provisions in all three of these bills are
amendments to current law that would permit the Attorney General to prosecute
juveniles (age 16 or over) as adults if they were alleged to have committed,
conspired, solicited, or attempted to commit certain serious violent gang offenses.
All three bills have many common elements and similar provisions. This report
provides a side-by-side comparison of S. 155, H.R. 1279, and H.R. 4472; it will be
updated in response to significant legislative activity.



Contents
Side-by-Side Comparison of S. 155, H.R. 1279, and H.R. 4472 in the 109th
Congress ....................................................4
Findings .....................................................4
Solicitation or Recruitment of Persons in Criminal Street Gangs ........6
Criminal Street Gang Definitions ................................7
Circumstances of Gang Crime ...................................7
Offenses ....................................................8
Penalties ...................................................11
Forfeiture ...................................................12
Money Laundering ...........................................13
Definition of State ............................................13
Carjacking ..................................................14
Violent Crimes in Furtherance or in Aid of Criminal Street Gangs .....14
Interstate and Foreign Travel or Transportation in Aid of Racketeering
Enterprises and Criminal Street Gangs ........................16
Assault .....................................................17
Aggravated Sexual Abuse ......................................17
Manslaughter ................................................18
Offenses Committed Within Indian Country........................18
Racketeer Influenced and Corrupt Organizations....................18
Carjacking ..................................................19
Conspiracy ..................................................20
Illegal Gun Transfers..........................................20
Special Sentencing............................................21
Conforming Amendment on Orders of Restitution...................21
Special Provisions for Indian Country.............................22
Penalties For Use of Interstate Commerce Facilities in the Commission
of Murder-For-Hire and Other Felony Crimes of Violence.........22
Penalties For Violent Crimes in Aid of Racketeering Activity..........23
Murder and Other Violent Crimes Committed During and in Relation
to a Drug Trafficking Crime................................25
Designation of and Assistance for “High Intensity” Interstate Gang
Activity Areas...........................................28
Publicity Campaign About New Criminal Penalties..................32
Enhancement of Project Safe Neighborhoods Initiative to Improve
Enforcement of Criminal Laws Against Violent Gangs...........32
Additional Resources For the FBI to Investigate and Prosecute Violent
Criminal Street Gangs.....................................33
Grants to Prosecutors and Law Enforcement to Combat Violent Crime
and to Protect Witnesses and Victims of Crimes..................0
Reauthorization of the Gang Resistance Education and Training
Projects Program .........................................34
Multiple Interstate Murder .....................................35
Rebuttable Presumption Against Release of Persons Charged with
Firearms Offenses .......................................36
Venue in Capital Cases ........................................37
Statute of Limitations for Violent Crime ..........................37



Electronic Communications ................................38
Clarification to Hearsay Exception for Forfeiture by Wrongdoing ......38
Clarification of Venue for Retaliation Against a Witness .............39
Amendment of Sentencing Guidelines Relating to Certain Gang and
Violent Crimes ..........................................40
Penalties for Criminal Use of Firearms in Crimes of Violence and Drug
Trafficking .............................................42
Possession of Firearms by Dangerous Felons .......................43
Conforming Amendment ......................................45
Treatment of Federal Juvenile Offenders ..........................46
...........................................................47
Notification After Arrest .......................................51
Release and Detention Prior to Disposition ........................51
Speedy Trial Section .........................................52
Federal Sentencing Guidelines ..................................52
Listing of Immigration Violators in the National Crime Information
Center Database .........................................53
Crimes of Violence and Drug Crimes Committed by Illegal Aliens .....54
Study ......................................................54
State and Local Reentry Courts ..................................55



Gang Prevention and Suppression Legislation in the

109th Congress: Side-by-Side Comparison of S. 155,


H.R. 970, and H.R. 1279
Youth gangs and the violent crime associated with them continue to be a
pervasive problem in cities across the country. For the most part, gang-related
activities have been a state and local law enforcement issue. Until recently, the
federal role in stemming illegal gang activities was limited to grant programs to state
and local law enforcement, and community-based agencies for prevention and local
law enforcement efforts. These types of programs focus on efforts to prevent at-risk
youths from joining gangs or from staying in gangs, and community law enforcement
efforts to involve communities in dealing with their gang problem. As gangs
expanded the types of illegal activities they engaged in, policy makers responded.
Although legislation had been passed throughout the years that criminalized certain
gang-related acts, Congress began to specifically address gang-related violence in
1986. More recently, concerns about the growing violence of gangs, as well as the
potential threat they may pose to domestic security, has intensified congressional
interest.
In the 109th Congress, several bills have been introduced to address the problem
of gangs and gang violence. Over the years, three basic strategies for addressing
youth gangs have been most often employed at the federal level: suppression, through
longer prison sentences and criminal penalties; intervention, through programs
designed to help individuals leave gangs and get a new start through job training,
education, and skills development; and prevention, typically through school-based
or community-based programs designed to reach out to at-risk children before they
can get involved with gangs.
A number of bills targeting the youth gang problem have been introduced in theth
109 Congress. Most of the bills primarily address the gang problem through
methods of suppressing gang crime with longer prison sentences for gang-related
crime. H.R. 283 would amend the Safe and Drug-Free Schools and Communities
Act of the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants
to prevent bullying and for gang prevention activities. Several other bills address
specific aspects of the ‘transnational’ gang threat by providing improvements in
criminal background checks to prevent entry of foreign gang members and terrorists
(H.R. 1168 and H.R. 1225);1 by improving border security (H.R. 2672 and S. 853);


1 For more information, see CRS Report RL33011, Terrorist Screening and Brady
Background Checks for Firearms, by William J. Krouse.

by making criminal gang members inadmissible and deportable aliens ( H.R. 2933,
and S. 1168);2 and these gang issues are beyond the scope of this report.
This report will compare S. 155,3 H.R. 1279, and H.R. 4472, three of the most
comprehensive gang-related bills introduced during the first session of the 109th
Congress. H.R. 1279 was reported out of the House Judiciary Committee, with
amendments (H.Rept. 109-74), and passed by the House of Representatives on May
11, 2005. H.R. 4472, including a separate title on gang reduction and prevention
provisions, was passed by the House of Representatives on March 8, 2006.
In brief, here are some of the major provisions of the three bills:
!All three bills would increase the penalties for violent gang crimes:
S. 155 would increase the statutory maximum prison sentences that
would apply to certain violent gang crimes, while H.R. 1279 would
make all such crimes subject to fines in addition to new mandatory
minimum sentences with increased imprisonment penalties. H.R.

4472 would also increase the penalties for violent gang crimes,


including both statutory maximum imprisonment penalties and
mandatory minimum imprisonment penalties, depending on the
severity of the crime.
!All three bills would increase the penalties for carjacking, expand
certain racketeering crimes and associated penalties to apply to
criminal street gang crimes, and increase penalties for violent crimes
committed during and in relation to a drug trafficking crime or
crimes committed using firearms.
!S. 155 and H.R. 1279 would authorize the creation of a new High
Intensity Gang Activity Area designation, through which multi-
agency task forces would join together with state and local law
enforcement to bolster their efforts to combat gang crimes.
!All three bills would provide for the transfer of certain juvenile
offenders age 16 and 17 for federal prosecution as adults.
!S. 155 and H.R. 4472 would authorize appropriations for the Gang
Resistance Education and Training (G.R.E.A.T.) program
administered by the Department of Justice, Office of Justice
Programs, and S. 155 would authorize appropriations for the Safe
Streets Program administered by the Federal Bureau of Investigation.
In addition, H.R. 4472 would provide grants to state and local courts
and related agencies and organizations to develop “reentry courts”
designed to assist offenders returning to communities after


2 For more information, see CRS Report RL32480, Immigration Consequences of Criminal
Activity, by Michael John Garcia and Larry M. Eig.
3 H.R. 970, introduced on Feb. 17, 2005, by Representative Schiff, is very similar to S. 155,
differing in a very few provisions on technical points of otherwise identical provisions.

imprisonment. H.R. 1279 would provide grants for prosecutors to
help them more effectively prosecute gang crime.
!H.R. 1279 and H.R. 4472 would provide additional criminal
penalties for crimes of violence and drug crimes committed by
illegal aliens, require immigration violators to be listed in the
National Crime Information Center (NCIC), and require the
Attorney General and the Secretary of the Department of Homeland
Security to conduct a study of the connection between illegal
immigration and gang membership and gang activities.



CRS-4
Side-by-Side Comparison of S. 155, H.R. 1279, and H.R. 4472 in the 109th Congress
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
The Gang Prevention and EffectiveThe Gang Deterrence and CommunityChildren's Safety and Violent Crime
Deterrence Act of 2005Protection Act of 2005Reduction Act of 2006, Title VIII -
Reduction and Prevention of Gang
Violence
No provision.Findings include (1) violent crime andNo provision.No provision.


drug trafficking are a pervasive
problem at all levels of government;
iki/CRS-RL32943(2) the crime rate is exacerbated by the
g/wassociation of persons in gangs; (3)
s.oraccording to the most recent National
leakDrug Threat Assessment, criminal
street gangs are responsible for much
://wikiof the distribution of illegal drugs in
httpurban and rural areas in the UnitedStates; (4) gangs commit acts of
violence or drug offenses for many
reasons, such as membership in or
loyalty to the gang, for protecting gang
territory, and for profit; (5) gang
presence has a pernicious effect on the
free flow of commerce in local
businesses and directly affects the
freedom and security of communities
plagued by gang activity; (6) gangs
often recruit and use minors in violent
acts or other serious offenses, because

CRS-5
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
the criminal justice systems are more
lenient on juvenile offenders; (7)
gangs often intimidate and threaten
witnesses to prevent successful
prosecutions; (8) gang recruitment can
be deterred through increased
vigilance, strong criminal penalties,
equal partnerships with state and local
law enforcement, and proactive
intervention efforts targeting juveniles
iki/CRS-RL32943before they get involved in gangactivities; (9) state and local
g/wprosecutors have enlisted the help of
s.orCongress in the prevention,
leakinvestigation, and prosecution of gang
crimes and in protecting witnesses and
://wikivictims of gang crimes; and (10)
httpconsultation and coordination between
federal, state and local law
enforcement is critical for successful
prosecutions of criminal street gangs.
[Section 100]



CRS-6
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ation orNo provision.Amends Chapter 26 of 18 U.S.C., byNo provision. No provision.


itment ofadding a new §522. Makes it unlawful
rsons into recruit, employ, solicit, induce,
reetcommand, or cause another person to
ngsbe or remain in a criminal street gang,
or conspire to do so, with the intent to
cause that person to participate in
criminal gang activities. Establishes
penalties, in addition to those for the
underlying offense, for offenses under
iki/CRS-RL32943this subsection of not more than fiveyears imprisonment, a fine or both; or
g/wif the person who is recruited,
s.orsolicited, induced, commanded, or
leakcaused to participate or remain in a
criminal street gang is under the age of
://wiki18, establishes a penalty of not more
httpthan 10 years imprisonment, a fine or
both. At the discretion of the
sentencing judge, makes a person who
recruits a minor for a criminal gang
liable for any costs incurred by
federal, state or local governments for
housing, maintaining, and treating the
person until the person attains the age
of 18 years. [Section 101]

CRS-7
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
reet18 U.S.C. 521defines criminalDefines criminal street gang as aWould define criminal street gang as aSimilar to H.R. 1279, except does not
ng Definitions street gang as an ongoing group,formal or informal group, club,formal or informal group orprovide an exception for offenses
club, organization, or associationorganization or association of three orassociation of three or morepunishable under 401(b)(1) of the
of five or more persons that has asmore individuals who individually,individuals, who commit two or moreControlled Substances Act. [Section
one of its primary purposes thejointly, or in combination, havegang crimes, one of which is a crime801]
commission of one or morecommitted or attempted to commit atof violence other than an offense
specific criminal offenses, andleast two separate acts of predicatepunishable under 401(b)(1) of the
whose members engage, or havegang crime, one of which occurs afterControlled Substances Act, in two or
engaged in the past five years, in aenactment of the bill, and the last ofmore separate criminal episodes, in
continuing series of specificwhich occurs not later than 10 yearsrelation to the group or association, if
iki/CRS-RL32943offenses, and whose activitiesaffect interstate or foreignafter the commission of the priorpredicate gang crime. Also wouldany of the activities of the criminalstreet gang affects interstate or foreign
g/wcommerce. require that at least one of thecommerce. [Section 101]
s.orpredicated gang crimes is a crime of
leakviolence. [Section 102]
://wikimstances18 U.S.C. 521 provides that aAmends §521 to require that whoeverDefines criminal street gang crime asIdentical to H.R. 1279. [Section 801]


httpng Crimeperson who commits criminal street(1) commits, conspires or attempts towhoever commits or conspires,
gang offenses is one who: (1)commit, a predicate gang crime inthreatens or attempts to commit, a
participates in a criminal streetfurtherance or in aid of the activities ofgang crime for the purpose of
gang with knowledge that itsa criminal street gang, for gainingfurthering the activities of a criminal
members engage in or haveentrance to or maintaining orstreet gang, or gaining entrance to or
engaged in a continuing series ofincreasing position in a gang, or formaintaining or increasing their
offenses described as criminalthe direct or indirect benefit of theposition in a gang. [Section 101]
street gang crimes, above; (2)criminal street gang; or whoever (2)
intends to promote or further theemploys, uses, commands, counsels,
felonious activities of the criminalpersuades, induces, entices, or coerces
street gang or maintain or increaseany individual to commit, cause to
his or her position in the gang; andcommit, or facilitate the commission
(3) has been convicted within theof a predicate gang crime in

CRS-8
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
past 5 years for (A) an offensefurtherance or in aid of the activities of
described in 18 U.S.C. 521(c), (B)a criminal street gang, for gaining
a state offense involving aentrance to or maintaining or
controlled substance for which theincreasing position in such a gang, or
maximum penalty is not less thanfor the direct or indirect benefit of the
five years’ imprisonment, or that iscriminal street gang or in association
a felony crime of violence that haswith the criminal street gang would be
as an element the use or attemptedsubject to a fine under title 18 and
use of physical force againstpenalties described below. [Section
another person, (C) any federal or102]
iki/CRS-RL32943state felony offense that involves asubstantial risk of physical force, or
g/w(D) a conspiracy to commit any of
s.orthe offenses in (A), (B), or (C).
leak
fenses18 U.S.C. 521 defines criminalDefines predicate gang crime as aDefines gang crime as conductIdentical to H.R. 1279. [Section 101]


://wikistreet gang offenses as: (1) acrime of violence or one involvingconstituting any federal or state crime
httpfederal felony involving amanufacturing, importing, distributing,punishable by imprisonment for more
controlled substance (as defined inor possessing with intent to distribute,than one year, in the following
§102 of the Controlled Substancesor otherwise dealing with a controlledcategories: (1) a crime of violence
Act (21 U.S.C. 802) for which thesubstance or listed chemicals of theother than a crime of violence against
maximum penalty is not less thanControlled Substances Act, providedthe property of another; (2) a crime
five years; (2) a federal felonythat the activities of the criminal streetinvolving obstruction of justice,
crime of violence that has as angang affect interstate or foreignincluding tampering with or retaliating
element the use or attempted use ofcommerce, or involve the use of anyagainst a witness, victim, or informant,
physical force against anotherfacility of, or travel in, interstate oror burglary; (3) a crime involving the
person; and (3) a conspiracy toforeign commerce. [Section 102]manufacturing, importing, distributing,
commit an offense involvingpossessing with intent to distribute, or
interstate or foreign commerce, asPredicate gang crime also includes anyotherwise dealing in a controlled
described in paragraphs (1) and (2),act, threat, conspiracy, or attemptedsubstance or listed chemical defined in

CRS-9
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
above.act, chargeable as a felony under21 U.S.C. 802. Also includes conduct
federal or state law involving: (1)punishable under various subsections
murder; (2) manslaughter; (3)of §844, §922,§924, §930, §931,
maiming; (4) assault with a dangerous§1028, §1029, §1952, §1956, §1957,
weapon; (5) assault resulting in seriousor §2313-2315, related to firearms
bodily injury; (6) gambling; (7)violations. [Section 101]


kidnapping; (8) robbery; (9) extortion;
(10) arson; (11) obstruction of justice;
(12) tampering with or retaliating
against a witness, victim, or informant;
iki/CRS-RL32943(13) burglary; (14) sexual assault; (15)carjacking; or (16) manufacturing,
g/wimporting, distributing, possessing
s.orwith intent to distribute or dealing in a
leakcontrolled substance or listed
chemicals in the Controlled
://wikiSubstances Act.
http
Predicate gang crime also includes a
felony offense under: (1) §844
relating to explosive materials; (2)
§922(g)(1) relating to firearm
possession by a convicted felon, where
the underlying conviction is a violent
felony or serious drug offense under
21 U.S.C. 924(e)(2)(A); (3) §924
relating to illegal interstate acquisition,
receipt, possession, and transfer of
firearms in violation of various
subsections; (4) §1028 and §1029

CRS-10
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
relating to fraud and related activity in
connection with identification
documents or access devices; (5)
§1503 relating to obstruction of
justice; (6) §1510 relating to
obstruction of criminal investigations;
(7) §1512 relating to tampering with a
witness, victim, or informant, or
§1513 relating to retaliating against a
witness, victim, or informant; (8)
iki/CRS-RL32943§1708 relating to theft of stolen mailmatter; (9) §1951 relating to
g/winterference with commerce, robbery
s.oror extortion; (10) §1952 relating to
leakracketeering; (11) §1956 relating to
money laundering; (12) §1957 relating
://wikito engaging in monetary transactions
httpin property derived from unlawful
activity; (13) §1958 relating to use of
interstate commerce facilities in the
commission of murder-for-hire; or
(14) §2312-§2315 relating to interstate
transportation of stolen motor vehicles
or stolen property.
Also, predicate gang crime includes
offenses under the Immigration and
Nationality Act, including (1) §274
relating to harboring certain aliens; (2)
§277 relating to aiding or assisting



CRS-11
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
certain aliens to enter the United
States; or (3) §278 relating to
importation of aliens for immoral
purposes. [Section 102]
ies18 U.S.C. 521 provides penaltiesFor predicate gang crime, establishesEstablishes penalties for gang crimes: Identical to H.R. 1279. [Section 801]


for criminal street gang crimesthe following penalties: (1) a fine(1) if crime results in death of any
involving activities that affectunder Title 18, imprisonment for notperson, death or life imprisonment; (2)
interstate or foreign commerce tomore than 30 years, or both; and (2) ifif crime is kidnapping, aggravated
increase by up to 10 years. Includesthe violation is based on a predicatesexual abuse, or maiming, life
the following crimes: (1) a federalgang crime for which the maximumimprisonment or any term of years not
iki/CRS-RL32943felony involving a controlledpenalty includes life imprisonment, aless than 30; (3) if crime is assault
g/wsubstance; (2) a federal felonyfine under Title 18, imprisonment forresulting in serious bodily injury, life
s.orcrime of violence; and (3) aany term of years or for life, or both. imprisonment or any term of years not
leakconspiracy to commit certain[Section 102]less than 20; and in any other case, life
offenses. Provides penalties, ifimprisonment or for any term of years
://wikiconvicted, of up to 10 additionalnot less than 10 years. [Section 101]
httpyears of imprisonment to the
sentence for the underlying federal
crime.

CRS-12
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
feitureNo provision.Requires the court, in imposing Similar to S. 155, except authorizesIdentical to H.R. 1279. [Section 801]


sentence on a person convicted of suchcriminal forfeiture, but not civil
an offense, to require that theconfiscation. [Section 101]
defendant forfeit to the United States
government any property, real or
personal, constituting or traceable to
gross proceeds obtained from such
offense; and any property used or
intended to be used, in any manner or
part, to commit or to facilitate the
iki/CRS-RL32943commission of such violation. Suchcriminal forfeitures would be governed
g/wby procedures set out in §413 of the
s.orControlled Substances Act (21 U.S.C.
leak853), other than subsection (d), and
rule 32.2 of the Federal Rules of
://wikiCriminal Procedure. The same
httpproperty would be subject to civil
confiscation under the procedures
found in Chapter 46 of 18 U.S.C. 981,
986, on Civil Forfeiture. [Section 102]

CRS-13
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
y18 U.S.C. 1956(c)(7)(D) provides,No provision.Amends §1956(c)(7)(D) by addingIdentical to H.R. 1279. [Section
underingamong other things, that it is§521 (relating to criminal street gang801(c)]
unlawful for whoever, knowingprosecutions) to the existing list of
that the property involved in aunlawful activities punishable under
financial transaction represents thethis section of the law.
proceeds of some form of unlawful[Section 101(c)]
activity, conducts or attempts to
conduct a financial transaction
which in fact involves the proceeds
of a specified unlawful activity,
iki/CRS-RL32943and could be subject to penaltiesthat include a fine of not more than
g/w$500,000 or twice the value of the
s.orproperty involved in the
leaktransaction, whichever is greater, or
imprisonment for not more than 20
://wikiyears, or both. Proceeds traceable
httpto money laundering offenses are
subject to civil confiscation under
18 U.S.C. 981.
finition ofDefinesstate’ as a state of theDefines ‘state’ as the several states ofIdentical to S. 155. [Section 101]Identical to H.R. 1279. [Section 801]


eUnited States, the District ofthe United States, the District of
Columbia, any commonwealth,Columbia, and any commonwealth,
territory, or possession of theterritory, or possession of the United
United States.States. [Section 102]

CRS-14
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
g18 U.S.C. 2119 defines carjackingNo provision. (See Section 105(e),Amends § 2119 (carjacking) similarlySimilar to H.R. 1279, except provides
as taking a car from someone bybelow)to S. 155, except adds that it isthat if serious bodily injury occurs,
force and violence or intimidationunlawful to conspire to take a motorpenalties include a fine under Title 18
with the intent to cause death orvehicle in a carjacking. Increasesand imprisonment for any term of
serious bodily harm. Provides thepenalties to a fine under Title 18 or notyears or for life. [Section 803(a)]
following penalties: (1) a finemore than 20 years imprisonment, or
under Title 18 or imprisonment forboth; and if serious bodily injury
not more than 15 years, or both; (2)occurs, a fine under Title 18,
if serious bodily injury occurs, aimprisonment of not less than 10 years
fine, imprisonment for not morenor more than 30 years imprisonment,
iki/CRS-RL32943than 25 years, or both; and (3) ifdeath occurs, a fine oror both. [Section 103(a)]
g/wimprisonment for any number of
s.oryears up to life, or both, or
leaksentenced to death.
://wikilent CrimesNo provision.Amends Chapter 26 Title 18 U.S.C., asNo provision. (See “Penalties,” No provision. (See “Penalties,”
httpurtheranceamended by section 101 of the bill, bySection 101, above.)Section 801, above.


id ofadding at the end a new§523.
reetViolent Crimes Related to Criminal
ngs Street Gangs.” Requires that any
person who is in a criminal street gang
or involved in various direct and
indirect manners, or that profits from
such an association, and who commits
certain violent crimes, be subject to
certain additional and consecutive
penalties provided for any other
criminal street gang violations: (1) for
murder, by death or imprisonment for

CRS-15
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
any term of years or for life, a fine
under Title 18, or both; (2) for
kidnapping or sexual assault, by
imprisonment for any term of years or
for life, a fine, or both; (3) for
maiming, by imprisonment for any
term of years or life, a fine , or both;
(4) for assault with a dangerous
weapon or assault resulting in serious
bodily injury, by imprisonment for not
iki/CRS-RL32943more than 30 years, a fine, or both; (5)for any other crime of violence, by
g/wimprisonment for not more than 20
s.oryears, a fine, or both; (6) for
leakthreatening to commit a crime of
violence listed in items 1-4 of this
://wikisection of the bill, by imprisonment
httpfor not more than 10 years, a fine, or
both; (7) for attempting or conspiring
to commit murder, kidnapping,
maiming, or sexual assault, by
imprisonment for not more than 30
years, a fine, or both; and (8) for
attempting or conspiring to commit a
crime involving assault with a
dangerous weapon or assault resulting
in serious bodily injury, by
imprisonment for not more than 20
years, a fine, or both. [Section 103]



CRS-16
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
rstate and18 U.S.C. 1952 establishes theAmends §1952 by expanding theSimilar to S. 155, except makes itIdentical to H.R. 1279. [Section 807]


eign Traveldefinitions and penalties for crimesconditions under which it is unlawfulunlawful to conspire to commit crimes
related to racketeering that apply toto use interstate and foreign travel orrelating to racketeering. Increases the
nsportationany individual who travels intransportation in aid of racketeeringpenalties for distributing the proceeds
id ofinterstate or foreign commerce orenterprises to include anyone whoof any unlawful activity, and
eeringuses the mail or any facility inperforms or conspires to perform anpromoting, managing, or facilitating
terprises andinterstate or foreign commerce withunlawful act under §1952. Increasesthe promotion, management,
reetthe intent to: (1) distribute thethe penalty for distribution of proceedsestablishment, or carrying on, of any
ngsproceeds of any unlawful activity;and promoting, managing,unlawful activity, to imprisonment for
(2) commit any crime of violenceestablishing, carrying on, ornot less than five and not more than 20
iki/CRS-RL32943to further any unlawful activity; or(3) otherwise promote, manage,facilitating the promotion,management, establishment, oryears. For violations where theoffender travels in interstate or foreign
g/westablish, carry on, or facilitate thecarrying on of any unlawful activity. commerce or uses the mail or any
s.orpromotion, management,Penalties for such unlawful activityfacility of interstate commerce with
leakestablishment, or carrying on, ofwould be a fine under Title 18, notthe intent to commit any crime of
any unlawful activity, andmore than 10 years imprisonment, orviolence to further any unlawful
://wikithereafter performs or attempts toboth for non-violent crimes; and foractivity, the penalty would be a fine
httpperform an act described in (1) orviolent crimes, if death results, theunder Title 18 and imprisonment for
(3), above; or an act described inpenalty for such a crime could benot less than 10 nor more than 30
(2), above, are subject to thepunishable by death, would beyears. If death results, the offender
following penalties: for offensesimprisonment for any term of years orwould be required to be sentenced to
described under (1) and (3),life, or both.death or imprisonment for any term of
offenders are subject to a fineyears or for life. [Section 102]
under Title 18, imprisonment forAdds that anyone who travels in
not more than five years or both,interstate or foreign commerce or uses
and for violent crimes under (2), athe mail or any facility in interstate or
fine under Title 18, imprisonmentforeign commerce with the intent to
of not more than 20 years, or both,kill assault, bribe, force, intimidate, or
and if death occurs, imprisonment threaten any person to delay or
for any term of years or lifeinfluence the testimony of, or prevent

CRS-17
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
imprisonment.them from testifying as a witness in a
state criminal proceeding, if found
guilty, would be fined and imprisoned
for any term of years, or both. If death
results, the penalty could be death or
imprisonment for any term of years or
life. Makes the intimidation of, or
retaliation against, a witness, victim,
juror, or informant unlawful activities
under this section. [Section 104]
iki/CRS-RL32943lt 18 U.S.C. 113(a)(3) specifies thatAmends §113(a)(3) by striking theNo provision.No provision.
g/w Exclusiveassault with a dangerous weapon,requirement “with intent to do bodily
s.oreralwith intent to do bodily harm, andharm and without just cause or
leakisdiction)without just cause or excuse isexcuse” from the description of assault
punishable by a fine under Title 18with a dangerous weapon. Penalties
://wikior imprisonment for not more thanfor this offense remain the same.
http10 years, or both. [Section 105(a)]
gravatedNo provision.No provision.Defines aggravated sexual abuse as anIdentical provision. [Section 801]


al Abuse offense that, if committed in the
Exclusivespecial maritime and territorial
eraljurisdictions would be an offense
isdiction)under 18 U.S.C. 2241(a), which
provides penalties for knowingly
causing another person to engage in a
sexual act by force or threat or fear of
serious bodily injury or kidnapping, or
by rendering another person
unconscious or administering a drug,

CRS-18
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
intoxicant or other similar substance
that impairs the ability to control their
conduct. [Section 101]
nslaughter18 U.S.C. 1112(b) provides theAmends §1112(b) by increasing theNo provision.No provision.
Exclusivepenalties for manslaughter withinimprisonment maximum penalty for
eralthe special maritime and territorialvoluntary manslaughter from 10 to 20
isdiction)jurisdictions. For voluntaryyears, and for involuntary
manslaughter, a fine under Title 18manslaughter from 6 to 10 years.
or imprisonment of not more than[Section 105(b)]
10 years, or both. For involuntary
iki/CRS-RL32943manslaughter, a fine or
g/wimprisonment of not more than six
s.oryears, or both.
leakfenses18 U.S.C. 1153(a) provides for theAmends §1153(a) by adding that forNo provision.No provision.
://wikithin Indianapplication of exclusive federaljurisdiction offenses committedwillfully or maliciously destroying orinjuring or attempting to destroy or
httpywithin Indian Country and thecause injury to the real or personal
Exclusivepenalties for such offenses.property of another where the property
eralis a dwelling or a life is jeopardized.
isdiction)[Section 105(c)]
eer18 U.S.C. 1961(1) relating toAmends §1961(1)(A) by addingIdentical to S. 155. [Section 108]Identical to S. 155 and H.R. 1279.
luenced andRacketeer Influenced and Corruptcertain crimes that would have been[Section 808]


ruptOrganizations (RICO), definesincluded within the definition had they
ganizationsracketeering activity as (A) any actnot been committed in Indian Country
Exclusiveor threat involving murder,or some other area of exclusive federal
eralkidnapping, gambling, arson,jurisdiction.
isdiction)robbery, bribery, extortion, dealing
in obscene matter, or dealing inAmends §1961(1)(B) by adding §1123

CRS-19
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
controlled substances which are(relating to multiple interstate murder)
chargeable under state law andto the list of crimes that are indictable
punishable by imprisonment forunder Chapter 96 of Title 18 (RICO).
more than one year; (B) any act[Section 105(d)]
which is indictable under certain
offenses provided for under Title
18.
18 U.S.C. 1151 defines Indian
country as all land within the limits
iki/CRS-RL32943of any Indian reservation under thejurisdiction of the United States
g/wgovernment, all dependent Indian
s.orcommunities within the borders of
leakthe United States, and all Indian
allo tments.
://wiki
httpg Exclusive18 U.S.C. 2119 defines carjackingas taking a car from someone byAmends §2119 by striking therequirement that in the commission ofNo provision. (See Section 103(a),above)No provision. (See Section 803(a),above)


eralforce and violence or intimidationthe crime of carjacking there must be
isdiction)with the intent to cause death orintent to cause death or serious bodily
serious bodily harm. Provides theharm. [Section 105(e)]
following penalties: (1) a fine
under Title 18 or imprisonment for
not more than 15 years, or both; (2)
if serious bodily injury occurs, a
fine, imprisonment for not more
than 25 years, or both; and (3) if
death occurs, a fine or
imprisonment for any number of

CRS-20
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
years up to life, or both, or
sentenced to death.
piracy18 U.S.C. 371 provides that if twoNo provision.Amends §371 to increase the penaltyIdentical to H.R. 1279. [Section
Exclusiveor more persons conspire either toto a fine or imprisonment of not more803(d)]
eralcommit any offense against thethan 20 years, or both. [Section
isdiction)United States, or to defraud the103(d)]
United States, or any agency
thereof in any manner or for any
purpose, each shall be fined under
Title 18, imprisoned not more than
iki/CRS-RL32943five years, or both.
g/wIf, however, the offense, the
s.orcommission of which is the object
leakof the conspiracy, is amisdemeanor only, the punishment
://wikifor such conspiracy shall notexceed the maximum punishment
httpprovided for such misdemeanor.
un18 U.S.C. 924(h) providesAmends §924(h) to add anyone whoAmends §924(h) similarly to S. 155,Similar to H.R. 1279, except the
sferspenalties of not more than 10knowingly transfers a firearm knowingexcept includes language that providespenalty is, in addition to the fine,
Exclusiveyears imprisonment, a fine, orthat it will be used to commit, orthat whoever in, or affecting, interstateimprisonment for not more than 20
eralboth, for anyone who knowinglypossessed in furtherance of, a crime ofor foreign commerce knowinglyyears. [Section 803(b)]


isdiction)transfers a firearm for use in theviolence or drug trafficking crime.transfers a firearm; and provides
commission or furtherance of a[Section 105(f)]penalties for illegal gun transfers that
crime of violence or drugrequire that the individual be fined and
trafficking. imprisoned not less than 5 years, and
not more than 20 years.
[Section 103(b)]

CRS-21
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ecial18 U.S.C. 3582(d) permits theAmends §3582 by permitting that anSimilar to S. 155, except amendsIdentical to H.R. 1279.
tencingcourts to impose on defendants, atorder to limit criminal association of§3582 on special sentencing[Section 803(c)]
Exclusivesentencing, who are convicted of aorganized and drug offenders could beprovisions relating to criminal
eralfelony under Chapter 95included by the court when imposingassociation, but includes the
isdiction)(Racketeering) or Chapter 96imprisonment sentences on individualsdefendants attorneys among those
(RICO), an order to limit criminalconvicted under §521(criminal streetwho may be included on the “no
association of organized crime andgangs) or §522 (violent crimes incontact” list. [Section 103(c)]
drug offenders, which is intendedfurtherance or in aid of criminal street
to keep defendants fromgangs) created by the bill, so that
associating or communicating withcriminal street gang defendants also
iki/CRS-RL32943certain persons while in prison,because that might enable acould be prohibited from associatingor communicating with any
g/wdefendant to control, manage,individuals who also might help such
s.ordirect, finance or otherwisedefendant run a criminal street gang
leakparticipate in an illegal enterprisefrom prison. [Section 105(g)]
from prison.
://wiki
httpming18 U.S.C. 3663 permits the court,Makes a conforming amendment toIdentical to S. 155. [Section 101(b)]Identical to H.R. 1279. [Section
endment onwhen sentencing a defendant, to§3663 to replace the references to803(b)]


ders oforder that the defendant makeChapters 46 and 96 and inserts the
itutionrestitution to any victim of suchnew§521 (Criminal Street Gangs),
Exclusiveoffense, or if the victim isunder Chapter 46 or 96,” so that orders
eraldeceased, to the victims estate, inof restitution in criminal street gang
isdiction)misdemeanor cases. §3663(c)(4)cases must yield to government
prohibits the court from making anforfeiture interests under Chapter 46 or
award in cases when there is no96. [Section 105(h)]
identifiable victim and such an
award would interfere with a
forfeiture under Chapter 46
(Forfeiture) or Chapter 96 (RICO)

CRS-22
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
of Title 18.
ecial18 U.S.C. 3559(e) provides aProvides a special provision for IndianNo provision.No provision.
isions formandatory minimum lifecountry requiring that no person
n Countryimprisonment penalty for repeatedsubject to the criminal jurisdiction of
sexual offenses against children.an Indian tribal government would be
subject to 18 U.S.C. 3559(e) for any
offense for which federal jurisdiction
is solely predicated on Indian country
and which occurs within the
boundaries of such Indian country
iki/CRS-RL32943unless the governing body of such
g/wIndian tribe elects to subject persons
s.orunder the criminal jurisdiction of the
leaktribe provided in 18 U.S.C. 3559(e).
[Section 105(I)]
://wikinalties For18 U.S.C. 1958 specifies that it isAmends §1958 to require thatAmends §1958 to make it unlawful toSimilar to H.R. 1279, except the
httpe of Interstateunlawful for anyone to travel in, orindividuals found guilty under thistravel or cause another to travel withpenalties differ as follows: (2) if the
cecause another (including thesection may be: (1) fined under Titlethe intent to commit another crime ofcrime of violence is kidnapping,
ies in theintended victim) to travel in18 and required to be imprisoned forviolence that is a felony. Requires thataggravated sexual abuse, maiming, or
sion ofinterstate or foreign commerce, ornot more than 20 years; (2) if personaldefendants be fined and in additionconspiracy to commit such crimes of
rder-For-Hireuse or cause another to use the mailinjury results, fined and required to besubject to imprisonment as follows: violence, imprisonment for any term
ror any facility of interstate orimprisoned for not more than 30 years,(1) if the crime of violence oror years or for life; (3) if the crime of
lony Crimesforeign commerce, with the intentand (3) if death results, fined not moreconspiracy results in death, sentencedviolence is an assault, or conspiracy to
iolenceto commit murder-for-hire andthan $250,000 and required to beto death or life in prison; (2) if thecommit assault, that results in serious
other violent felonies-for-hirepunished by death or imprisoned forcrime of violence is kidnapping,bodily injury, imprisonment for not
violations. Penalties for suchany term of years or for life, or both. aggravated sexual abuse, maiming, ormore than 30 years or for life; and (4)
violations are (1) a fine under Title[Section 106]conspiracy to commit such crimes ofin any other case, imprisonment for
18 or imprisonment for not moreviolence, imprisonment for life or anynot more than 20 years. [Section 804]



CRS-23
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
than 10 years, or both; (2) ifterm of years not less than 30; (3) if
personal injury results, thethe crime of violence is an assault, or
defendant is required to be fined orconspiracy to commit assault, that
imprisoned for not more than 20results in serious bodily injury,
years, or both; (3) if death results,imprisonment for life or any term of
the defendant is required to beyears not less than 20; and (4) in any
punished by death or lifeother case, imprisonment for life or for
imprisonment, or be fined not moreany term of years not less than 10.
than $250,000, or both.[Section 104]
nalties For18 U.S.C. 1959(a) providesAmends §1959 making it unlawful forSimilar to S. 155, except adds that it isSimilar to H.R. 1279, except requires,
iki/CRS-RL32943lent Crimespenalties for whomever, asany person who, for the receipt of, orunlawful to conspire to commit orin addition to the fine, the following
g/wid ofconsideration for the receipt of, oras consideration for a promise orthreaten or attempt to commit a crimepenalties: (2) if the crime of violence
s.oreeringas consideration for a promise oragreement to pay, to engage inof violence for any type ofis kidnapping, aggravated sexual
leaktivityagreement to pay, anything ofracketeering activity in furtherance orconsideration or pay from anyabuse, as defined in the bill, or
pecuniary value from an enterprisein aid of an enterprise engaged inenterprise involved in racketeering.maiming, imprisonment or any term of
://wikiengaged in racketeering activity, orracketeering activity, commits murder,Requires increased penalties that years or for life; (3) if the crime of
httpfor the purpose of gaining entrancekidnapping, maiming, assault, or othersubject those convicted to a fine underviolence is assault resulting in serious
to or maintaining or increasingspecified violent crimes. Adds sexualTitle 18, unless the death penalty isbodily injury, defined in 18 U.S.C.
position in an enterprise engaged inassault to the list of violent crimesimposed. Requires, in addition to the1365, imprisonment for not more than
racketeering activity, and as part ofunder this subsection. Requires thatfine, the following penalties: (1) if the30 years or for life; and (4) in any
that activity murders, kidnaps,the penalties provided by this sectioncrime of violence results in death ofother case, imprisonment for not more
maims, assaults with a dangerousof the bill are in addition andany person, the sentence is death orthan 20 years. [Section 805]


weapon, commits assault resultingconsecutive to the punishmentslife in prison; (2) if the crime of
in serious bodily injury upon anyprovided for any other violation in thisviolence is kidnapping, aggravated
individual, or threatens to commit aChapter (Chapter 95, Racketeering). sexual abuse, as defined in the bill, or
crime of violence against anyIncreases the penalties to: (1) formaiming, the sentence is life
individual in violation of state ormurder, by death or imprisonment forimprisonment or any term of years not
federal laws. Penalties for suchany term of years or for life, a fine, orless than 30; (3) if the crime of
offenses are: (1) for murder, byboth; (2) for kidnapping, sexualviolence is assault resulting in serious

CRS-24
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
death or life imprisonment, or both;assault, or maiming, by imprisonmentbodily injury, defined in 18 U.S.C.
and for kidnapping, byfor any term of years or for life, a fine,1365, imprisonment for life or for any
imprisonment for any term of yearsor both; (3) for assault with aterm of years not less than 20; and (4)
or for life, a fine, or both; (2) fordangerous weapon or assault resultingin any other case, imprisonment for
maiming, imprisonment for notin serious bodily injury, or forlife or any term of years not less than
more than 30 years, a fine, or both;attempting or conspiring to commit10.
(3) for assault with a dangerousmurder, kidnapping, maiming, or[Section 105]
weapon or assault resulting insexual assault, by imprisonment for
serious bodily injury,not more than 30 years, a fine, or both;
imprisonment for not more than 20(4) for threatening to commit a crime
iki/CRS-RL32943years, a fine, or both; (4)threatening to commit a crime ofof violence, by imprisonment for notmore than 10 years, a fine, or both;
g/wviolence, imprisonment for notand (5) for attempting or conspiring to
s.ormore than five years, a fine, orcommit assault with a dangerous
leakboth; (5) attempting or conspiringweapon or assault which would result
to commit murder or kidnapping,in serious bodily injury, by
://wikiby imprisonment for not more thanimprisonment for not more than 20
http10 years, a fine, or both; and (6) foryears, a fine, or both.
attempting or conspiring to commit[Section 107]
a crime involving maiming, assault
with a dangerous weapon or assault
resulting in serious bodily injury,
by imprisonment for not more than
three years, a fine, or both.
Adds a new section regarding venueIdentical to H.R. 1279.
requiring that prosecution for a[Section 805]


violation under this section would
permit the case to be brought in the
judicial district in which the crime of

CRS-25
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
violence occurred, or in any judicial
district in which racketeering activity
of the enterprise occurred.
[Section 105]
rder and21 U.S.C. 841 et seq. definesAmends Part D of the ControlledSimilar to S. 155, except requires that,Identical to H.R. 1279. [Section 806]


r Violentunlawful acts and penalties relatedSubstances Act (21 U.S.C. 841 et seq.)for committing violent crimes during
to drug trafficking offenses.by adding a new section on violentand in relation to a drug trafficking
crimes committed during and incrime, defendants be subject to a fine
ing and inrelation to a drug trafficking crime. under Title 18 unless the death penalty
lation to aRequires that any person, who duringis imposed. Establishes increased
iki/CRS-RL32943g Traffickingand in relation to any drug traffickingpenalties for such crimes that require
g/wcrime, commits, conspires to commit,(1) if the crime of violence results in
s.oror threatens to commit murder,death of any person, by death or life in
leakkidnapping, sexual assault, maiming,prison; (2) if the crime of violence is
assault with a dangerous weapon,kidnapping, aggravated sexual abuse
://wikiassault resulting in serious bodily(as defined in the bill), or maiming,
httpinjury, any other crime or threat toby life imprisonment or any term of
commit a crime of violence againstyears not less than 30; (3) if the crime
any individual, or attempts orof violence is assault resulting in
conspires to do so, is subject toserious bodily injury (defined in 18
penalties, in addition and consecutive,U.S.C. 1365), by imprisonment for life
to any penalties imposed for the drugor for any term of years not less than
trafficking crime. Such additional20; and (4) in any other case, by
penalties include (1) for murder, byimprisonment for life or any term of
death or imprisonment for any term ofyears not less than 10.
years or for life, a fine under Title 18,[Section 106]
or both; (2) in the case of kidnapping
or sexual assault, by imprisonment for
any term of years or for life, a fine

CRS-26
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
under Title 18, or both; (3) for
maiming, by imprisonment for any
term of years or for life, a fine under
Title 18, or both; (4) in the case of
assault with a dangerous weapon or
assault resulting in serious bodily
injury, by imprisonment not more than
30 years, a fine under Title 18, or
both; (5) in the case of committing any
other crime of violence, by
iki/CRS-RL32943imprisonment for not more than 20years, a fine under Title 21, or both;
g/w(6) in the case of threatening to
s.orcommit a crime of violence specified,
leaklisted above, in items (1) through (4),
by imprisonment for not more than 10
://wikiyears, a fine under Title 18, or both;
http(7) in the case of attempting or
conspiring to commit murder,
kidnapping, maiming, or sexual
assault, by imprisonment for not more
than 30 years, a fine under Title 18, or
both; and (8) in case of attempting or
conspiring to commit a crime
involving assault with a dangerous
weapon or assault resulting in serious
bodily injury, by imprisonment for not
more than 20 years, a fine under Title
18, or both.



CRS-27
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
Permits prosecution for a violationNo explicit provision on applicableNo explicit provision on applicable
under this section to be brought to trialdeath penalty procedures. death penalty procedures.
in the judicial district in which the
murder or other crime of violence
occurred, or in any judicial district in
which the drug trafficking crime could
be prosecuted.
Requires that a defendant who is found
guilty of an offense under this section
iki/CRS-RL32943for which a death sentence is providedbe subject to the provisions of Chapter
g/w228 of Title 18 (Sentence of Death).
s.or
leakProvides definitions of (1) crime ofAmends 18 U.S.C. 16(b) to include aSimilar to S. 155, uses definition in
violence to be the same as that in 18definition of crime of violence as anycurrent law for crime of violence at 18
://wikiU.S.C. 16, an offense where anoffense punishable by imprisonmentU.S.C. 16. [Section 806]


httpindividual would use or attempt to usefor more than one year and that, by its
or threaten to use physical forcenature, involves a substantial risk that
against the person or property ofphysical injury may result to the
another, or any other offense that is aperson or property of another, or is an
felony and involves a substantial riskoffense punishable under
that physical force against the person§401(b)(1)(A), (B), or (C) of the
or property of another may be used inControlled Substances Act.
the course of committing the offense;[Section 112]
and (2)’drug trafficking crime’ has the
meaning given the term in 18 U.S.C.
924(c)(2), any felony punishable under
the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled

CRS-28
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
Includes a clerical amendment to add
the new §424 to the table of contents
for the Controlled Substances Act.
[Section 108]
signation ofNo provision.Creates a new designation whichSimilar to S. 155, except does notNo provision.


iki/CRS-RL32943d Assistanceauthorizes the Attorney General, afterinclude provision regarding instances
g/w “Highconsultation with the Governors ofwhere an HIGAA overlaps with an
s.orensityappropriate states, to designate highHIDTA.
leakrstate Gangintensity interstate gang activity areas
tivity Areas(HIGAA) that are located within oneRequires the Attorney General to
://wikior more states. If HIGAA goals andprovide all necessary funding for
httphigh intensity drug trafficking areanational and regional meetings of
(HIDTA) goals overlap in an area,criminal street gang enforcement
permits the Attorney General to mergeteams, and all other related
the two designations to serve as a dualorganizations, as needed, to ensure
purpose entity. Requires the Attorneyeffective operation of such teams
General to consult with local electedthrough sharing of intelligence, best
officials of thepractices, and for any other related
communities on the proposedpurposes.
d e si gna t i o ns.
Includes the Directorate of Border and
Requires the Attorney General toTransportation Security of the
establish criminal street gangDepartment of Homeland Security to
enforcement teams made up of federal,provide agents and officers, where

CRS-29
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
state, and local law enforcementfeasible for the criminal street gang
authorities to coordinate theenforcement teams.
investigation, disruption,
apprehension, and prosecution ofAuthorizes the Attorney General,
criminal street gangs and offenders inacting through the Director of the
each HIGAA. Requires the AttorneyBureau of Alcohol, Tobacco,
General to direct the reassignment orFirearms, and Explosives (ATF), to
detailing from any federal departmenthire100 additional inspectors and 100
or agency personnel to each criminaladditional agents, and require that each
enforcement team and provide allinspector and agent hired be assigned
iki/CRS-RL32943necessary funding for the operation ofthe team in each HIGAA.to a HIGAA.
g/wAuthorizes: (1) $60 million for each
s.orTo provide federal assistance toof the fiscal years 2006-2010 to carry
leakHIGAAs, requires the establishment ofout the HIGAAs; (2) $7.5 million for
criminal street gang enforcementeach of the fiscal years 2006-2010 to
://wikiteams consisting of agents and officerscarry out the hiring of 94 additional
httpfrom the Bureau of Alcohol, Tobacco,Assistant U.S. Attorneys; and (3) $20
Firearms, and Explosives (ATF); themillion for each of fiscal years 2006-
Department of Homeland Security2010 to carry out the hiring of 100
(DHS); the Department of Housingadditional inspectors and 100
and Urban Development (HUD); theadditional agents for ATF. [Section
Drug Enforcement Administration201]


(DEA); the Internal Revenue Service
(IRS); the Federal Bureau of
Investigation (FBI); the U.S.
Marshal’s Service (USMS); the United
States Postal Service (USPS); state and
local law enforcement; and federal,
state and local prosecutors.

CRS-30
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
In considering an area for HIGAA
designation, requires the Attorney
General to consider the current and
predicted levels of gang crime activity
in an area; the extent to which violent
crime in the area appears to be related
to criminal street gang activity; the
extent to which state and local law
enforcement agencies have committed
resources to respond to the gang crime
iki/CRS-RL32943problem and participate in a gangenforcement team; the extent to which
g/wa significant increase in the allocation
s.orof federal resources would enhance
leaklocal response to gang crime activities
in the area; and other criteria the
://wikiAttorney General considers
http appropriate.
Authorizes appropriations of $100
million for each of the fiscal years
2005 to 2009 for the HIGAA program.
Requires that amounts made available
in each fiscal year be allocated so that
50% is used to fund criminal street
gang enforcement teams, and 50% is
used to make grants available for
community-based programs to provide
crime prevention, research, and
intervention services designed for



CRS-31
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
gang members and at-risk youth in
these HIGAAs.
The Consolidated AppropriationsRequires the Attorney General tostRequires the Attorney General to
Act, 2005, P.L. 108-447,report to Congress by February 1 ofestablish a National Gang Intelligence
authorized the establishment of aeach year describing each HIGAACenter to be housed and administered
National Gang Intelligence Centerlong-term and short-term goals andby the FBI to collect, analyze, and
(NGIC) administered by the FBI. objectives; the measurements used todisseminate gang activity information
The NGIC is designed to serve as aevaluate the performance of eachfrom the FBI, and all of the federal
“clearinghouse for information onHIGAA in achieving long-term andbureaus and agencies participating in a
gang intelligence of national andshort-term goals; the age, composition,HIGAA criminal street gang
iki/CRS-RL32943international significance to helpand membership of gangs; and theenforcement team. Requires the
g/waddress the most violent gangsdefinition of the term gang used toCenter to annually submit to Congress
s.orthroughout the country. The NGICcompile the report. [Section 110]a report on gang activity.
leakwill collect intelligence from the
FBI, ATF, and other affected
://wikifederal agencies. P.L. 108-447Requires the Attorney General to
httpprovides funding for FY2005 ofestablish national and regional gang
$1.754 million to establish theactivity databases, with funds
center and provides $8.246 millionauthorized for appropriation under this
for additional agents, analysts, andsection, for each region with a
support staff.designated HIGAA and a national
database that replicates the
information in the regional databases.
[Section 201]



CRS-32
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
yNo provision.No provision.Authorizes the Attorney General toNo provision.
mpaign Aboutconduct media campaigns in those
Criminalareas designated as HIGAAs and in
iesthose areas with existing and emerging
gang problems to help educate
individuals about changes to the
criminal penalties made by the bill;
and to report to the Committee on the
Judiciary of the House of
Representatives on the amount of
iki/CRS-RL32943expenditures and all other aspects ofthe media campaign. [Section 116]
g/w
s.orncement ofProject Safe Neighborhoods (PSN)Requires the Attorney General toNo provision on PSN, exceptNo provision on PSN, except
leakject Safeis a national program designed toexpand the PSN program whileauthorizes the Attorney General to hireauthorizes grants to state and local
ighborhoodsreduce gun crime by linkingmaintaining its focus as a94 additional Assistant U.S. Attorneysprosecutors to fight violent crime and
://wikiiative tofederal, state, and local lawcomprehensive, strategic approach toto carry out the provisions of theprotect witnesses and victims of crime.
httpoveenforcement, prosecutors, andreducing gun violence in the UnitedHIGAAs, described above in Section(See Section 901 of the bill, described
forcement ofcommunity leaders. PSN taskStates. Requires that each U.S.201 of the bill.below.)


sforces develop strategies to reduceAttorney: (1) identify, investigate, and[Section 201(e)]
ainst Violentgun crime by prosecuting violentprosecute significant criminal street
ngsgun offenders, intensifying federalgangs operating within their district;
gun law enforcement using(2) coordinate the identification,
technology and intelligence-investigation, and prosecution of
gathering techniques to map crime,criminal street gangs among federal,
identify gun hotspots, trace seizedstate, and local law enforcement
crime guns, and use ballisticsagencies; and (3) coordinate and
technology. Prevention, education,establish criminal street gang
community outreach and publicenforcement teams within each U.S.
awareness are essential elements ofAttorneys district.

CRS-33
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
the program.
Authorizes the Attorney General to
hire Assistant U.S. Attorneys, non-
attorney coordinators, or paralegals for
the PSN program. Authorizes
appropriations of $7.5 million for each
of the fiscal years 2005-2009. [Section
111]
lThe Safe Streets Program alignsAuthorizes the Attorney General toNo provision.No provision.
urces ForFBI agents with local lawrequire the FBI to increase funding for
iki/CRS-RL32943 FBI toenforcement investigators, andthe Safe Streets Program and support
g/westigate andfederal and state prosecutors, tothe criminal street gang enforcement
s.orsecutereduce violent crime. Safe Streetsteams established under section 110(b)
leak Criminaltask forces are focused on violentof the bill on HIGAAs.
Gangsgangs, crimes of violence, drug-
://wiki Exclusiverelated crimes, and theAuthorizes appropriations of $5
httperalisdiction)apprehension and prosecutions ofmillion for each of the fiscal years
violent fugitives.2005-2009. Any amounts
appropriated would remain available
until expended. [Section 112]
ants toThe Violent Crime Control andAmends §31702 to permit funds underSimilar provision to S. 155, exceptSimilar provision to H.R. 1279.
secutors andLaw Enforcement Act of 1994 (42this program to be used to hirepermits grant funds to be used to fund[Section 901]


wU.S.C. 13862), includes theadditional prosecutors so that moretechnology, equipment, and training
forcement toCommunity-Based Justice Grantscases could be prosecuted and tofor prosecutors to increase the accurate
mbat Violentfor Prosecutors program in §31702.reduce of cases; fund technology,identification and successful
d toequipment, and training forprosecution of young violent
tectprosecutors and law enforcement tooffenders; and does not include

CRS-34
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
tnesses andincrease the accurate identification ofprovisions related to the witness and
ims ofgang members and violent offenders,victim protection programs.
and maintain databases of this
Exclusiveinformation to facilitate coordination
eralamong law enforcement and
isdiction)prosecutors; and create and expand
witness and victim protection
programs to prevent threats,
intimidation, and retaliation against
victims of, and witnesses to, violent
iki/CRS-RL32943 crimes.
g/wAuthorizes appropriations of $20
s.ormillion for each of the fiscal years
leak2005-2009, and specifies that in each
fiscal year 60% of the appropriated
://wikifunds are required to be used for the
httpvictim and witness protection
programs to prevent threats,
intimidation, and retaliation against
victims of, and witnesses to, violent
crimes. [Section 113]
thorizationThe Gang Resistance EducationAmends the Violent Crime ControlNo provision.Similar to S. 155, except authorizes
Gangand Training (G.R.E.A.T.) programAct of 1994, which originally$20 million for each of the fiscal years
anceis a school-based preventionauthorized the G.R.E.A.T. program, to2006 through 2010. [Section 902]


ation andprogram targeting middle-schoolauthorize appropriations of $20
iningstudents which is administered bymillion for each of the fiscal years
jectsATF.2005-2009. [Section 114]
am

CRS-35
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ltipleChapter 51 of 18 U.S.C. providesAmends Chapter 51 of Title 18,Similar to S. 155, except establishesSimilar to H.R. 1279, except
rstatefor homicide offenses and theadding a new§1123. Multiplepenalties for whoever travels in orestablishes different penalties that
rderpenalties for such crimes. murders in furtherance of commoncauses another, including the intendedinclude, (2) if the offense results in
scheme of purpose.” Establishesvictim, to use the mail or any facilityserious bodily injury (as defined in
penalties for homicides in whichof interstate or foreign commerce, or§1365), imprisonment for any term of
individuals who had committed one orattempts to do so, with the intent thatyears or life; and (3) in any other case,
more murders, then move or travel intwo or more intentional homicides beimprisonment for not more than 20
interstate or foreign commerce withcommitted. Such individuals would beyears. [Section 807]


the intent to commit one or moresubject to a fine under Title 18 and, (1)
murders, and thereafter commit one orif the offense results in death of any
iki/CRS-RL32943more murders in the furtherance of acommon scheme or purpose. Thisperson, sentenced to death or life inprison; (2) if the offense results in
g/wprovision also applies to individualsserious bodily injury (as defined in
s.orwho conspire to do so. Establishes§1365), imprisonment for life or any
leakpenalties for such a crime as a fineterm of years not less than 20; and (3)
under Title 18, imprisonment for notin any other case, imprisonment for
://wikimore than 30 years, or both for eachlife or for any term of years not less
httpmurder committed. If death results,than 10. [Section 107]
the penalty applied would include a
fine of not more than $250,000, and
punishment by death or imprisonment
for any term of years or life
imprisonment for each murder.
[Section 201]

CRS-36
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
buttable18 U.S.C. 3142 provides forAmends §3142 to create aAmends current law to create aSimilar provision to H.R. 1279.
mptionconditions under which a defendantpresumption against the release priorpresumption against release prior to[Section 809]


ainst Releasecan be released or detained prior toto trial of persons committing antrial of persons charged with a crime
ersonstrial. offense under §922(g)(1), related toof violence rather than a serious
rged withthe unlawful possession of a firearmviolent felony. [Section 109]
by a convicted felon, where the
fenses underlying conviction was for a
serious drug offense under 18 U.S.C.
924(e)(2)(A), for which not more than
10 years have elapsed since the date of
iki/CRS-RL32943conviction or release from prison,whichever is later; or for a serious
g/wviolent felony under 18 U.S.C.
s.or3559(c)(2)(F). Expands the list of
leakoffenses to include illegal firearm
receipt or possession under 18 U.S.C.
://wiki922(g) for which a judicial officer is
httprequired to hold a pre-trial detention
hearing upon the request of the
government’s attorney. Expands the
list of factors to be considered by a
judicial officer at a hearing to
determine whether pre-trial detention
is appropriate, to include whether a
non-narcotic drug, firearm, explosive,
or destructive devise was involved in
the crime. [Section 202]

CRS-37
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
nue in Capital18 U.S.C. 3235 requires that if anAmends §3235, to require that trialsIdentical to S. 155. [Section 110]Identical to S. 155 and H.R. 1279.
individual is on trial forfor offenses punishable by death be[Section 810]
committing offenses that areheld in the district where the offense
punishable by death, the trial iswas committed or in any district in
required to be heard in the countywhich the offense began, continued, or
where the offense was committedwas completed. If the offense or
as long as it could be done withoutrelated conduct involves activities
great inconvenience.which affect interstate or foreign
commerce or the importation of an
object or person into the United States,
iki/CRS-RL32943would permit the case to be prosecutedin any district in which the activities
g/woccurred. [Section 203]
s.or
leakute ofChapter 213 of Title 18 sets theAmends Chapter 214 of Title 18, toSimilar to S. 155, except amendsIdentical to H.R. 1279. [Section 811]


tions forstatute of limitations for variousestablish a statute of limitations forChapter 213 of Title 18 adding a new
://wikilent Crimefelony offenses.violent crimes that are non-capital§3298 that requires that no person be
httpfelonies, crimes of violence, includingprosecuted, tried, or punished for any
any racketeering activity or gangnoncapital felony, crime of violence,
crime which involves any violentincluding any racketeering activity or
crime. Requires that no person begang crime which involves any crime
prosecuted, tried, or punished for suchof violence, unless the indictment is
crimes unless the indictment wasfound or the information is instituted
found or the information was institutednot later than 15 years after the date on
by the later of: (1) 10 years after thewhich the alleged violation occurred
date on which the alleged violationor the continuing offense was
occurred, (2) 10 years after the date oncompleted. [Section 111]
which the continuing offense was
completed, or (3) eight years after the
date on which the alleged violation

CRS-38
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
was first discovered. [Section 204]
icate Crimes18 U.S.C. 2516 authorizes theAmends §2516(1) to authorize that theNo provision.No provision.
uthorizationinterception of wire, oral, oruse of interception of wire, oral, or
nterceptionelectronic communications inelectronic communications if the
ire, Oral,certain circumstances for use byinvestigation is of (1) any violation of
lectronicthe FBI or other federal agencies in§424 of the Controlled Substances Act
ationsinvestigating certain seriousrelating to murder and other violent
criminal offenses.crimes in furtherance of a drug
trafficking crime (established in §108
of the bill); (2) any violation of 18
iki/CRS-RL32943U.S.C. 1123, which relates to multiple
g/winterstate murder (established under
s.orSection 201 of the bill); and (3) any
leakviolation of §521, 522, 523 relating to
criminal street gangs (established
://wikiunder Sections 101, 102, 103 of the
httpbill). [Section 205]
ication toRule 804 of the Federal Rules ofAmends rule 804(b)(6) of the FederalAmends rule 804(b)(6) to permit aIdentical to H.R. 1279. [Section 812]


Evidence provides exceptions toRules of Evidence to permit a hearsayhearsay statement to be offered against
tion forthe hearsay rule of evidence.statement to be used as evidencea party who engaged or acquiesced in
feiture byProvides that a statement ofagainst a party that had engaged,wrongdoing, or who could reasonably
ongdoing hearsay evidence can be offeredacquiesced, or conspired inforesee such wrongdoing would take
against a party that has engaged orwrongdoing intended to, and did,place, if the wrongdoing was intended
acquiesced in wrongdoing that wasmake a declarant unavailable as ato, and did, procure the unavailability
intended to, and did procure thewitness. [Section 206]of the declarant as a witness. [Section
unavailability of the declarant as a113]
witness.

CRS-39
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ication of18 U.S.C. 1513 provides theAmends 18 U.S.C. 1513 and makes aNo provision.No provision.


nue forcircumstances and penalties fortechnical correction by designating the
taliationretaliating against a witness,second §1513(e) as §1513(f) because
ainst avictim, or informant.the section is duplicative (P.L. 107-
tness 273). Adds a new subsection (g)
permitting that prosecution under this
section (retaliation against a witness)
to be brought in the district in which
the official proceeding was intended to
be effected or was completed, or in
iki/CRS-RL32943which the conduct constituting thealleged offense occurred.
g/w[Section 207]
s.or
leak
://wiki
http

CRS-40
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
endment of28 U.S.C. 994 establishes theAmends, in accordance with §994(p),No provision.No provision.


tencingduties and responsibilities of thethe sentencing guidelines for certain
idelinesU.S. Sentencing Commission.gang and violent crimes, requiring the
lating toU.S. Sentencing Commission to
rtain Gangreview and, if appropriate, amend its
iolentguidelines and policy statements to
conform to the provisions of Titles I
and II of the bill. Requires the
Commission to (1) establish new
guidelines and policy statements in
iki/CRS-RL32943order to implement new or revisedcriminal offenses created in Title II;
g/w(2) ensure that the sentencing
s.orguidelines and policy statements
leakreflect the serious nature of the
offenses and penalties set forth by the
://wikibill, the growing incidence of serious
httpgang and violent crimes, and the need
to modify the sentencing guidelines
and policy statements to deter,
prevent, and punish such offenses; (3)
consider the extent to which the
guidelines and policy statements
adequately address whether the
guideline offense levels and
enhancements for gang and violent
crimes are sufficient to deter and
punish such offenses and are adequate
in view of the statutory increases in
penalties contained in the bill, and

CRS-41
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
whether any existing or new specific
offense characteristics should be added
to reflect congressional intent to
increase gang and violent crime
penalties, punish offenders, and deter
gang and violent crime; (4) assure
reasonable consistency with other
relevant directives and with other
sentencing guidelines; (5) account for
any additional aggravating or
iki/CRS-RL32943mitigating circumstances that mightjustify exceptions to the generally
g/wapplicable sentencing ranges; (6) make
s.orany necessary conforming changes to
leakthe sentencing guidelines; and (7)
assure that the guidelines adequately
://wikimeet the purposes of sentencing under
http18 U.S.C. 3553(a)(2), which provides
the purposes of a criminal sentence to
reflect the seriousness of the offense,
promote respect for the law, provide
just punishment, adequately deter
criminal conduct, and other purposes.
[Section 208]



CRS-42
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ies for18 U.S.C. 924 establishes theAmends §924(c)(1)(A) to require that,Similar to S. 155, except furtherNo provision.


penalties associated with firearmif a person commits or conspires toamends §924 to require that if the
offenses. §924(c)(1)(A) providescommit any crime of violence or drugfirearm is discharged, the sentence
ffor additional mandatory minimumtrafficking, for each instance in whichwould be a term of imprisonment of
lence andsentences for crimes of violence orthe firearm was used, carried ornot less than 15 years; and if the
g Traffickingdrug trafficking offenses using apossessed, up to an additional sevenfirearm is used to wound, injure, or
deadly or dangerous weapon. years (currently five years) would bemaim another person, the sentence be
added to their sentence ofa term of imprisonment of not less
imprisonment.than 20 years. [Section 114]
iki/CRS-RL32943Strikes the clause that provides for notless than seven years to be added if the
g/wfirearm was brandished during the
s.orcommission of a crime of violence or a
leakdrug trafficking crime.
://wikiMakes conforming amendments to the
httpsection, one of which strikes
subsection (o). Subsection (o) now
makes conspiracy to violate §924
punishable by imprisonment for not
more than 20 years (or for any term of
years or life if the firearm involved is a
machine gun or destructive device or
is equipped with a silencer). [Section
209]

CRS-43
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
ssession of18 U.S.C. 924(e) provides anAmends §924(e), to require thatNo provision.No provision.


earms byenhanced penalty for persons foundpersons with one, two, or three
ngerousin violation of 18 U.S.C. 922(g) forprevious violent felony or serious drug
lonsillegal firearm possession and whooffense convictions, or both, who are
have previously been convicted onsubsequently convicted of violating
three occasions for violent felonies§922(g) by illegally possessing or
or serious drug offenses (as definedreceiving a firearm, be subject to the
in §924(e)(2)(A) and (B)). Suchfollowing penalties: (1) in the case of
persons are subject to a fine underone prior conviction, where not more
Title 18, not less than 15 years’than 10 years have elapsed since the
iki/CRS-RL32943imprisonment, and notwithstandingany other provision of law, thedate of prior conviction or releasefrom prison, the defendant would be
g/wcourt is prohibited from suspendingsubject to imprisonment for not more
s.orthe sentence of, or granting athan 15 years, fined under Title 18, or
leakprobationary sentence to personsboth; (2) in the case of a defendant
convicted of such offenses.with two such prior convictions,
://wikicommitted on different occasions,
httpwhere a period of not more than 10
years has elapsed since the latest
conviction or release from prison, the
defendant would be subject to
imprisonment for not more than 20
years, fined, or both; and (3) in the
case of three such prior convictions,
committed on different occasions, the
defendant would be subject to not less
than 15 years, a fine, or both, and the
court would be prohibited from
suspending the sentence of, or granting
a probationary sentence to, such a

CRS-44
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
person. The amount of the fines in
each case would be not more than
$250,000 ($500,000 for an
organization ), as provided under 18
U.S.C. 3571.
Continues to define the term serious
drug offense as an offense under the
Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances
iki/CRS-RL32943Import and Export Act (21 U.S.C. 951et seq.), or the Maritime Drug Law
g/wEnforcement Act (46 U.S.C. App.
s.or1901 et seq.), punishable by a
leakmaximum term of imprisonment not
less than 10 years; or an offense under
://wikistate law involving manufacturing,
httpdistributing, or possessing with intent
to manufacture or distribute a
controlled substance (as defined in
§102 of the Controlled Substances Act
(21 U.S.C. 802)), punishable by a
maximum term of imprisonment of not
less than 10 years. Continues to define
the term violent felony to include
crimes punishable by a term of
imprisonment exceeding one year, or
any act of juvenile delinquency
involving the use or carrying of a
firearm, knife, or destructive device



CRS-45
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
that would be punishable by a
maximum term of imprisonment for
the same term that would apply if the
crime had been committed by an adult
that (1) has, as an element of the crime
or act, the use, attempted use, or
threatened use of physical force
against the person of another; or (2) is
burglary, arson, extortion, involves the
use of explosives, or otherwise
iki/CRS-RL32943involves conduct that presents aserious potential risk of physical injury
g/wto another. Defines the term
s.orconviction to include the finding that a
leakperson has committed the act of
juvenile delinquency involving a
://wikiviolent felony.
http
Requires the U.S. Sentencing
Commission to amend the Federal
Sentencing Guidelines to provide for
the appropriate increase in the offense
level for violations under this amended
Section 922(g) and in accordance with
§924 (e). [Section 210]
ming18 U.S.C. 922(d) providesMakes a conforming amendment toNo provision.No provision.


endmentnumerous conditions under which§922(d), to apply these requirements
it is unlawful for any person to sellto any person who transfers any
or otherwise dispose of any firearmfirearm or ammunition to any person

CRS-46
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
or ammunition to another person.unlawfully under this section.
[Section 211]
atment of18 U.S.C. 5032 establishesAmends §5032 to revise andAmends §5032 to permit the AttorneyIdentical to H.R. 1279. [Section 813]


deral Juveniledelinquency proceedings in districtreorganize the section, dividing theGeneral to prosecute a juvenile as an
nderscourts and transfers of juveniles forsection into subsections with headings,adult who is alleged to have
federal criminal prosecution formaking modifications to existingcommitted certain crimes after theth
certain crimes if the juvenileprovisions on juvenile delinquencyjuvenile’s 16 birthday, which if
cannot be treated in stateproceedings, and making conformingcommitted by an adult would be a
proceedings or is alleged to haveamendments for new provisions of thefelony crime of violence, including
committed certain firearms or drugbill which would amend provisionscertain firearm offenses in §922; or
iki/CRS-RL32943trafficking offenses. related to how juvenile offenderscertain other felony offenses whose
g/wcould be transferred and tried aspenalties are in §924; §930 related to
s.oradults. As in current law, forpossession of firearms and dangerous
leakdetermining whether to transfer a 13 orweapons in federal facilities; or §931
15 year old alleged felony offender forrelating to purchase, ownership, or
://wikifederal prosecution, requires thepossession of body armor by violent
httpAttorney General to consider whetherfelons.
prosecution of the juvenile as an adult
would protect public safety.
Adds a new subsection which would
adjust the procedures for transfer and
permit the transfer of a juvenile age 16
or 17 to be prosecuted as an adult if
the juvenile was alleged to have
committed, conspired, solicited or
attempted to commit, the most serious
violent felony offenses including (1)
murder; (2) manslaughter; (3) assault

CRS-47
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
with intent to commit murder; (4)
sexual assault; (5) robbery; (6)
carjacking with a dangerous weapon;
(7) extortion; (8) arson; (9) illegal
firearms use; (10) firearms possession;
(11) drive-by shooting; (12)
kidnapping; (13) maiming; (14) assault
resulting in serious bodily injury; or
(15) obstruction of justice (including
tampering with a witness, victim, or an
iki/CRS-RL32943informant) on or after the day thejuvenile attains age 16.
g/w
s.orProvides that a juvenile can be
leakprosecuted as an adult if the juvenile
was alleged to have committed, on or
://wikiafter the day the juvenile turns 16
httpyears of age, crimes that are Class B
and Class C felonies (carrying
sentences of 25 years or more, and less
than 25 years but more than 10 years,
respectively).
Provides that in a prosecution under
this subsection, the juvenile can be
prosecuted and convicted as an adult
for any other offense “properly joined”
under the Federal Rules of Criminal
Procedure, and can also be convicted
as an adult for a lesser included



CRS-48
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
offense.
Similar to S. 155, onnon-Identical to H.R. 1279. [Section 813]
Sets out that a decision to transfer areviewability” of the decision of the
juvenile for prosecution as an adult forAttorney General to transfer a juvenile
a serious violent felony is notfor prosecution as an adult.
reviewable by any court. In any[Section 115]
prosecution of a juvenile as an adult
under this section, requires the court in
which the criminal charges had been
filed to have a hearing to determine
iki/CRS-RL32943whether to issue an order that thedefendant should be transferred back
g/wto juvenile status.
s.or
leakRequires the defendant to file a motion
no later than 30 days after initially
://wikiappearing in court through counsel or
httpexpressly waives the right to counsel
and elects to proceed pro se.
Prohibits the court from ordering the
transfer of a defendant to juvenile
status unless the defendant established
by clear and convincing evidence that
removal to juvenile status would be in
the interest of justice. Requires an
order of the court made in ruling on a
motion by a defendant to transfer a
defendant to juvenile status under this



CRS-49
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
section to issue a final order for the
purpose of enabling an appeal. Upon
receipt of a notice of appeal of an
order, requires a court of appeals to
hear and determine the appeal on an
expedited basis. Requires the court of
appeals to give due regard to the
opportunity of the district court to
judge the credibility of the witnesses
and requires the court to accept the
iki/CRS-RL32943findings of fact of the district courtunless they were clearly erroneous.
g/wRequires the court of appeals to review
s.orthe district court’s application of the
leaklaw to the facts in the case.
://wikiContinues to require that once a
httpjuvenile has entered a plea of guilty or
the proceeding has reached the stage
that evidence has begun to be taken
that is based on allegations of crime or
juvenile delinquency, that subsequent
criminal prosecution or juvenile
proceedings upon such alleged act of
delinquency be barred. Statements
made by a juvenile prior to or during a
transfer hearing would still not be
admissible at subsequent criminal
prosecutions, but may be used for
impeachment purposes or in a



CRS-50
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
prosecution for perjury or making a
false statement.
As is now the case, whenever a
juvenile is transferred to district court
for federal prosecution as a juvenile
and is not convicted of the offense for
which the juvenile was transferred or
another crime that would have
warranted transfer if the juvenile had
iki/CRS-RL32943been initially charged with that crime,further proceedings are required to be
g/wconducted according to the juvenile
s.orprovisions of the Chapter 403 of Title
leak18 (Juvenile Delinquency). Continues
to prohibit the transfer of a juvenile to
://wikifederal prosecution or for disposition
httpafter a finding of juvenile delinquency
until any prior juvenile records have
been received by the court or the clerk
of the juvenile court has certified in
writing that the juvenile has no prior
record or why the juvenile’s record is
not available. The provisions for
parental notification of juvenile
transfer proceedings now found in law
would disappear. [Section 301]



CRS-51
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
fication18 U.S.C. 5033 provides forAmends §5033 to reflect thatNo provision.No provision.
er Arrestcustody of a juvenile prior tonotification of the Attorney General be
appearance before a magistrateimmediate, or as soon as practicable
judge and requires that thethereafter and requires that reasonable
Attorney General and the juvenile’ssteps be taken to notify the juvenile’s
parent or guardian be notifiedparent or guardian. [Section 302]
imme diately.
d18 U.S.C. 5034, provides for theRequires that a juvenile who is to beNo provision.No provision.


tention Priorrelease and detention of juvenilesprosecuted as an adult be released
ionprior to disposition.pending trial in accordance with
iki/CRS-RL32943Chapter 207 of Title 18, which
g/wSection 3147 provides that aprovides the conditions and
s.ordefendant who is found to haverequirements for the release and
leakcommitted a felony offense whiledetention of adult defendants.
on release can be sentenced to not
://wikimore than 10 additional years ofApplies the penalties provided in
httpimprisonment if they commit a§3147 for adult defendants to any
felony, and not more than one yearjuvenile being tried as an adult who is
of additional imprisonment if theyalleged to have committed an offense
commit an offense that is awhile on pre-trial release (i.e., 10 years
misdemeanor.for a felony or one year for a
misdemeanor).
Section 5035 provides the
conditions under which a juvenileAmends §5035 to add an exception for
alleged to be delinquent may bea juvenile who is being prosecuted as
detained prior to disposition.an adult. [Section 303]

CRS-52
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
Trial 18 U.S.C. 5036 provides that if anAmends §5036 for juveniles to requireNo provision.No provision.
ionalleged juvenile delinquent inthat if the defendant is not brought to
detention pending trial is nottrial within 70 days of the beginning of
brought to trial within 30 days ofthe detention, then the information
the beginning of the detention, thenwould be dismissed on motion of the
the information related to thealleged delinquent or at the direction
alleged crime is required to beof the court. Provides that the same
dismissed with prejudice unless theperiods of exclusion and speedy time
delay is for certain specifiedlimits on detention that apply to adult
reasons.defendants under 18 U.S.C. 3161(h),
iki/CRS-RL32943apply to juveniles pending adelinquence determination. Requires
g/wcertain judicial considerations for
s.ordetermining whether information
leakshould be dismissed with or without
prejudice. Requires the court to
://wikiconsider the seriousness of the alleged
httpact of juvenile delinquency; the facts
and circumstances of the case that led
to the dismissal; and the impact of a
reprosecution on the administration of
justice. [Section 304]
deral28 U.S.C. 994(h) instructs the U.S.Amends §994(h) the U.S. SentencingNo provision.No provision.


tencingSentencing Commission in theCommissions guidelines in §994(h) to
idelinesestablishment of guidelines foradd juveniles transferred for trial as
sentences of imprisonment at oradults to the coverage of §994(h).
near the statutory maximum in
case of defendants who are 18Requires the Commission to
years of age or older and convictedpromulgate and distribute sentencing

CRS-53
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
on three occasions of violentguidelines for cases where juveniles
crimes or drug trafficking charges.would be tried as adults to all U.S.
courts by May 1, 2006.
[Section 305]
ting of28 U.S.C. 534 requires theNo provision.Requires the Under Secretary forIdentical provision to H.R. 1279.
ationAttorney General to acquire,Border and Transportation Security of[Section 815]


tors in thecollect, classify, and preservethe Department of Homeland Security
identification, criminalto provide the National Crime
ormationidentification, crime, and otherInformation Center (NCIC) of the
ter Databaserecords of immigration violatorsDepartment of Justice with such
iki/CRS-RL32943and share the information withinformation as the Director may have
g/wother authorized officials of federalon any and all aliens against whom a
s.oragencies and state and localfinal order of removal has been issued;
leakagencies. any and all aliens who have signed a
voluntary departure agreement; and
://wikiany and all aliens who have overstayed
httptheir visa. Requires the information to
be provided not later than 180 days
after enactment of the bill.
Amends §534(a) of Title 28 U.S.C. to
require the inclusion of such
information by the NCIC. [Section
117]
N.B.: This section is repeated in
Section 119 of the bill.

CRS-54
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
fNo provision.No provision.Amends Title 18 by inserting afterIdentical provision to H.R. 1279.
lence andChapter 51 a new Chapter 52 entitled[Section 801]
Illegal Aliens” which provides for
additional penalties for certain crimes
lienscommitted by illegal aliens. Requires
that if a defendant was previously
ordered removed under the
Immigration and Nationality Act on
the grounds of having committed a
crime, to be sentenced to not less than
iki/CRS-RL3294315 years in prison. Requires that thesentence of imprisonment imposed
g/wunder this section run consecutively to
s.orany other sentence of imprisonment
leakimposed for any other crime. [Section
118]
://wiki
httpNo provision.No provision.Requires the Attorney General and theIdentical provision to H.R. 1279.
Secretary of Homeland Security to[Section 816]


jointly conduct a study on the
connection between illegal
immigration and gang membership
and activity, including how many of
those arrested nationwide for gang
membership and violence are aliens
illegally present in the United States
Requires that the results of the study
be reported to Congress not later than
one year after enactment. [Section
120]

CRS-55
Short TitleCurrent LawS. 155H.R. 1279H.R. 4472
e and LocalNo provision.No provision.No provision. Authorizes a grant program under
entry Courtswhich the Attorney General awards
grants of up to $500,000 to state and
local courts or related agencies and
organizations to monitor offenders
returning to the community. Funds
could be used to (1) monitor offenders
returning to the community; (2)
provide returning offenders with drug
and alcohol testing and treatment and
iki/CRS-RL32943mental and medical health assessmentand services; (3) convene community
g/wimpact panels, victim impact panels, or
s.orvictim impact educational classes; (4)
leakprovide and coordinate the delivery of
other community services to offenders;
://wikiand (5) establish and implement
httpgraduated sanctions and incentives for
p a r ticip ants.
Requires the federal share of the grant
to be limited to 75% of the costs of
funded project.
Authorizes appropriations $10 million
for each of the fiscal years 2006
through 2009. [Section 902]