[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4491 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4491
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
identify hardcore juvenile offenders and treat them as adults.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 1994
Mr. Canady (for himself, Mr. Pete Geren of Texas, Mr. Frost, Mr.
Tauzin, Mr. Hayes, Mr. Sisisky, Mrs. Thurman, Mr. Talent, Mr. Dornan,
Mr. Stump, Mr. Baker of California, Mr. Linder, Mr. DeLay, Mr. Oxley,
Mr. Levy, Mr. Santorum, Mr. Pombo, Mrs. Fowler, Mr. Lewis of
California, Mr. McCollum, Mr. Spence, Mr. Goss, Mr. Klug, Mr. Walker,
Mr. Ramstad, Mr. Hutchinson, Mr. Schaefer, Mr. Livingston, Mr. Smith of
Texas, Mr. Hoekstra, Mr. Bilirakis, Mr. Inglis of South Carolina, Mr.
King, Mr. Saxton, Mr. Ewing, and Mr. Mica) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
identify hardcore juvenile offenders and treat them as adults.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Criminal Act of 1994''.
SEC. 2. FINDINGS OF ACT.
Section 101(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601(a)(11)) is amended by inserting
the following before the semicolon: ``and on identifying hardcore
youths who should be transferred from the juvenile justice system to
the adult criminal justice system''.
SEC. 3. PURPOSE OF ACT.
Section 102(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5602(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following:
``(12) to assist State and local governments in improving
the identification of hardcore juvenile offenders and the
removal of such offenders from the juvenile justice system.''.
SEC. 4. REQUIREMENTS FOR STATE PLAN.
Section 223(a)(10) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
(1) by striking ``and'' at the end of subparagraph (N);
(2) by striking the period at the end of subparagraph (O)
and inserting ``; and''; and
(3) by adding at the end the following:
``(P) establishment and maintenance of an effective
system that requires the prosecution of at least those
juveniles who are 14 years of age and older as adults,
rather than in juvenile proceedings, for conduct
constituting--
``(i) murder or attempted murder;
``(ii) robbery while armed with a firearm;
``(iii) battery while armed with a firearm;
``(iv) rape while armed with a firearm;
``(v) any other crime the State determines
appropriate; and
``(vi) the fourth or subsequent occasion on
which such juveniles engage in an activity for
which adults could be imprisoned for a term
exceeding 1 year;
unless, on a case-by-case basis, the transfer of such
juveniles for disposition in the juvenile justice
system is determined under State law to be in the
interest of justice;''.
SEC. 5. RECORDKEEPING REGARDING JUVENILES.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) provide that the State will ensure that whenever a
juvenile is adjudicated in a juvenile proceeding to have
engaged in the conduct constituting an offense described in
paragraph (10)(P) that--
``(A) a record is kept relating to that
adjudication which is--
``(i) equivalent to the record that would
be kept of an adult conviction for that
offense;
``(ii) retained for a period of time that
is equal to the period of time records are kept
for adult convictions; and
``(iii) made available to law enforcement
officials to the same extent that a record of
an adult conviction would be made available;
``(B) the juvenile is fingerprinted and
photographed, and the fingerprints and photograph are
sent to the Federal Bureau of Investigation; and
``(C) the court in which the adjudication takes
place transmits to the Federal Bureau of Investigation
the information concerning the adjudication, including
the name and birth date of the juvenile, date of
adjudication, and disposition.''.
SEC. 6. FINANCIAL INCENTIVE.
Section 223(c)(3) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(c)(3)) is amended--
(1) by striking ``the requirements of subsection (a),
(12)(A), (13), (14), or (23)'' and inserting ``any requirement
of paragraph (10)(P), (12)(A), (13), (14), (23), or (26) of
subsection (a)''; and
(2) in subparagraph (A) by striking ``25 percent'' and
inserting ``16\2/3\ percent''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--(1) The amendments made by this Act
shall not apply with respect to fiscal years beginning before January
1, 1995.
(2) The amendments made by sections 3, 4, and 5 shall not apply
with respect to a State before the first fiscal year that begins after
the end of the first regular session of the State legislature following
the date of the enactment of this Act.
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