H.R.4396 - District of Columbia Omnibus Anti-Crime Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Bliley, Tom [R-VA-3] (Introduced 03/05/1992)|
|Committees:||House - District of Columbia; Judiciary|
|Latest Action:||08/11/1992 Motion to Report Measure Defeated. (All Actions)|
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Summary: H.R.4396 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Introduced in House (03/05/1992)
District of Columbia Omnibus Anti-Crime Act of 1992 - Title I: Expanded Penalties for Crimes of Violence - Amends the District of Columbia Code (DC Code) to provide for mandatory life imprisonment (as under current law) without parole for first degree murder.
Subjects persons convicted of assault with intent to commit bodily injury to up to ten years' imprisonment.
Provides that whoever in the commission of specified acts of assault on a member of a police force or fire department does not employ force likely to cause serious bodily harm or death or does not use a deadly or dangerous weapon shall be fined up to $500, imprisoned for up to 90 days, or both.
Title II: Penalties for Activities Relating to Criminal Drug Enterprises and Distributing Drugs in Vicinity of Schools - Amends the District of Columbia Uniform Controlled Substances Act of 1981 (Uniform Act), to provide for an enhanced penalty (imprisonment, fine, or both, up to twice that authorized) for distribution or manufacturing controlled substances in or near schools, colleges, youth centers, public swimming pools, or video arcades. Sets a mandatory minimum sentence, except with respect to offenses involving five grams or less of marijuana.
Provides for an enhanced penalty and a mandatory minimum sentence for distribution of a controlled substance to a pregnant woman.
Amends: (1) the Dangerous Weapons Act to provide for an enhanced penalty for crimes involving dangerous weapons committed in or near schools and colleges; (2) the Firearms Control Regulation Act to provide for a fine of up to $10,000, imprisonment of up to ten years, or both, for persons over age 21 who illegally sell, transfer, or distribute a firearm, destructive device, or ammunition to anyone under age 18; and (3) the Uniform Act to subject those who attempt or conspire to commit serious drug-related crimes to the same penalties as those who commit the crimes which were the objects of such attempt or conspiracy (currently, punishable by imprisonment, fine, or both, which may not exceed the maximum authorized for the underlying offense).
Revises DC Code provisions concerning victim impact statements and the rights of crime victims. Specifies that each victim of a crime of violence shall have the right to: (1) be present at the defendant's trial, sentencing, and parole hearings; (2) submit, prior to the imposition of sentence, a written victim impact statement (as under current law); (3) offer at the time of sentencing an oral or written statement of the victim's opinion of the sentence that should be imposed on the defendant and have such statement entered into the record; and (4) offer, at the defendant's parole hearings, an oral or written statement of the victim's opinion of whether or not the defendant should be granted parole. Sets forth additional provisions, including notification to the victim of the right to submit and offer statements and any changes in the defendant's status.
Permits individuals 14 years of age or older (currently, 16) to be tried as adults for certain serious crimes.
Title III: Revision of Standards for Bail and Pretrial Detention - Revises DC Code provisions with respect to release prior to trial and pretrial detention. Provides that, upon the appearance before a judicial officer (officer) of a person charged with an offense (other than first-degree murder), the officer shall issue an order that, pending trial, the person be: (1) released on personal recognizance or upon execution of an unsecured bond; (2) released on a condition or combination of specified conditions (condition); (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion; or (4) detained.
Requires the officer to order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of release, unless the officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of another person or the community (in which case such officer shall order the person's pretrial release, subject to such condition, and subject to the least restrictive further condition that the officer determines will reasonably assure such person's appearance and the safety of any other person and the community).
Authorizes the officer to conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond and requires such officer to decline to accept the designation or the use as collateral of property that, because of its source, will not reasonably assure the person's appearance. Bars the officer from imposing a financial condition that results in the pretrial detention of the person.
Entitles a person for whom conditions of release are imposed and who, after 24 hours from the time of the release hearing, continues to be detained as a result of inability to meet the conditions of release, upon application, to have the conditions reviewed by the officer who imposed them. Sets forth additional provisions with respect to such review. Authorizes the officer to impose additional or different conditions of release.
Requires the officer, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, to take into account available information concerning the nature and circumstances of the offense charged, the weight of the evidence against the person, the history and characteristics of such person, and the nature and seriousness of the danger to any person or the community that would be posed by such person's release.
Directs the officer, when ordering the pretrial release of the person on personal recognizance or upon execution of an unsecured appearance bond, to: (1) include a written statement that sets forth all the conditions to which the release is subject in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (2) advise the person of the penalties for, and consequences of, violating a condition of release, and of provisions of the District of Columbia Theft and White Collar Crimes Act of 1982 (relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, and retaliation against a witness, victim, or informant).
Requires the officer, upon a determination that a person charged with an offense (other than first-degree murder) is, and was at the time the offense was committed, on release pending trial for a felony or pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on probation or parole, or not a U.S. citizen or resident alien, and may flee or pose a danger to any person or the community, to: (1) order the detention of the person for a period of not more than ten days (excluding weekends and holidays); and (2) direct the attorney for the Government to notify the appropriate court, probation, or parole official, local or State law enforcement official, or official of the Immigration and Naturalization Service. Specifies that, if the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with this title, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings.
Sets forth additional provisions with respect to: (1) burdens of proof and presumptions; (2) the holding of a hearing to determine whether any conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community; (3) the initiation by the attorney for the Government of a pretrial detention hearing by ex parte motion and the holding of such hearing; (4) detention of the person pending completion of the hearing; and (5) review and appeal of a release or detention order.
Title IV: Superior Court of the District of Columbia - Increases the number of associate judges of the D.C. Superior Court from 58 to 60, effective October 1, 1992, and to 62, effective October 1, 1993.
Authorizes appropriations for the operation of such Court during FY 1993.
Revises DC Code provisions to expand the authority of hearing commissioners to make findings and enter final orders or judgments with respect to specified proceedings, including certain landlord-tenant disputes, small claims proceedings, criminal misdemeanors, and uncontested probate and fiduciary proceedings.
Increases the maximum amount in controversy permitted for cases under the jurisdiction of the Small Claims and Conciliation Branch of the D.C. Superior Court.
Title V: Dealth Penalty for Murders - Provides for the imposition of the death penalty for murders (where a person intentionally, knowingly, or through recklessness manifesting extreme indifference to human life, or through the intentional infliction of serious bodily injury, caused the death of a person) in the District of Columbia, with respect to offenses committed after the expiration of the six-month period beginning on the date of the enactment of this Act, unless during such period the registered electors of the District of Columbia vote to reject such amendment by referendum.
Title VI: Repeal of Youth Rehabilitation Amendment Act of 1985 - Repeals the Youth Rehabilitation Amendment Act of 1985.