H.R.2872 - Crime Control Act of 1993103rd Congress (1993-1994)
|Sponsor:||Rep. McCollum, Bill [R-FL-8] (Introduced 08/04/1993)|
|Committees:||House - Judiciary|
|Latest Action:||04/21/1994 See H.R.4092.|
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Subject — Policy Area:
- Crime and Law Enforcement
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Summary: H.R.2872 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in House (08/04/1993)
TABLE OF CONTENTS:
Title I: Protection of Neighborhoods, Families, and Children
Subtitle A: Safe Schools
Subtitle B: Secure Neighborhoods
Subtitle C: Crimes Against Children
Subtitle D: Punishment of Serious
Title II: Equal Protection for Victims
Subtitle A: Victims' Rights
Subtitle B: Admissibility of Evidence
Subtitle C: Protecting the Integrity of the Judicial
Title III: Protection of Women
Subtitle A: Spouse Abuse and Stalking
Subtitle B: Victims of Sexual Violence
Subtitle C: Punishment of Sex Offenders
Title IV: Prevention of Terrorism
Subtitle A: Enhanced Controls on Entry into the United
Subtitle B: Deportation of Alien Terrorists
Subtitle C: Penalties for Engaging in Terrorism
Title V: Criminal Aliens and Alien Smuggling
Subtitle A: Deportation of Criminal Aliens
Subtitle B: Prevention and Punishment of Alien Smuggling
Title VI: Taking Criminals Off the Street
Subtitle A: Expanding Prison Capacity
Subtitle B: Miscellaneous
Title VII: Punishment and Deterrence
Subtitle A: Capital Offenses
Subtitle B: Violent Felonies and Drug Offenses
Subtitle C: Enhanced Penalties for Criminal Use of
Firearms and Explosives
Subtitle D: Miscellaneous
Title VIII: Elimination of Delays in Carrying Out Sentences
Subtitle A: Post Conviction Petitions: General Habeas
Subtitle B: Special Procedures for Collateral
Proceedings in Capital Cases
Subtitle C: Funding for Litigation of Federal Habeas
Corpus Petitions in Capital Cases
Title IX: Public Corruption
Title X: Funding
Crime Control Act of 1993 - Title I: Protection of Neighborhoods, Families, and Children - Subtitle A: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools.
(Sec. 102) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures.
(Sec. 103) Increases penalties for violation of the Gun-Free School Zones Act.
Subtitle B: Secure Neighborhoods - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants to local governments and to community groups for increasing the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations.
(Sec. 114) Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang.
(Sec. 115) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing.
Subtitle C: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children.
(Sec. 132) Increases penalties for sex offenses against victims below age 16.
(Sec. 133) Sets penalties for international trafficking in child pornography.
(Sec. 134) Directs the Attorney General to establish guidelines for State legislation prohibiting the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses. Requires each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act.
(Sec. 135) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider.
(Sec. 136) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense.
(Sec. 137) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids.
(Sec. 139) Provides for interstate enforcement of child support orders.
(Sec. 140) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO).
(Sec. 143) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out State court programs regarding international parental child abduction.
Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates.
(Sec. 152) Provides for adult prosecution of serious juvenile offenders.
(Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication.
Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime.
(Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse.
(Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits.
(Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants.
Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.
(Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases.
(Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment.
Subtitle C: Protecting the Integrity of the Judicial Process - Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury.
(Sec. 222) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.
(Sec. 223) Increases penalties for attempting to influence or injure court officers or jurors.
(Sec. 224) Provides for the imposition of the death penalty for the murder of a Federal witness.
Title III: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States.
Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence.
(Sec. 312) Authorizes the restitution of victims of sex offenses.
(Sec. 313) Provides for pretrial detention in sex offense cases.
Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death.
(Sec. 322) Increases penalties for recidivist sex offenses.
(Sec. 323) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses.
(Sec. 324) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim.
Title IV: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity.
(Sec. 402) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions.
(Sec. 404) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings.
Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals.
Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses.
(Sec. 422) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime.
(Sec. 424) Increases penalties under the International Emergency Economic Powers Act for violation of orders with respect to the declaration of a national emergency and the Federal criminal code for passport and visa-related violations.
(Sec. 425) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction.
(Sec. 429) Directs the President to establish a National Task Force on Counterterrorism.
(Sec. 430) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device.
Title V: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted.
(Sec. 502) Authorizes the registration of aliens on criminal probation or criminal parole within the United States.
(Sec. 503) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years.
(Sec. 504) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable.
(Sec. 505) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney.
(Sec. 506) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies.
(Sec. 507) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders.
(Sec. 509) Authorizes appropriations for a criminal alien information system.
Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators.
(Sec. 513) Includes alien smuggling as a predicate to an offense under RICO.
(Sec. 514) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens.
(Sec. 516) Expands forfeiture for smuggling or harboring illegal aliens.
Title VI: Taking Criminals Off the Street - Subtitle A: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities.
(Sec. 602) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations.
(Sec. 603) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction.
Subtitle B: Miscellaneous - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees.
Title VII: Punishment and Deterrence - Subtitle A: Capital Offenses - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.
Requires the attorney for the Government, whenever the Government intends to seek the death penalty for an offense punishable by death, to file with the court and serve on the defendant a notice of such intent and the aggravating factors the Government will seek to prove as the basis for such penalty.
Requires the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, to conduct a separate sentencing hearing when the attorney for the Government has filed such notice and the defendant is found guilty of an offense punishable by death.
Permits information to be presented as to any matter relating to any mitigating factor and any aggravating factor for which notice has been provided, except that information may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury (but permits the Government to present information concerning the effect of the offense on the victim and the victim's family).
Specifies mitigating and aggravating factors.
Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by death (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances).
Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in considering whether to recommend a sentence of death.
Sets forth procedures for the imposition, appeal, and implementation of a sentence of death.
Prohibits: (1) a death sentence from being carried out upon a pregnant woman or a person who lacks the mental capacity to understand the death penalty and why it was imposed; and (2) requiring any employee of, or any person providing services under contract to, any State department of corrections, the Federal Bureau of Prisons, and the U.S. Marshals Service to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions.
Sets forth provisions regarding: (1) appointment of counsel; (2) collateral attacks on judgments imposing a death sentence; and (3) stays of execution.
Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act.
Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty.
Specifies that, in a prosecution for an offense against the United States for which a death sentence is authorized, the fact that the killing was motivated by racial prejudice or bias shall be deemed an aggravating factor.
Amends specified civil rights provisions to cover conspiracy against the rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district.
Provides for the imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners in Federal correctional institutions; (2) murders of Federal, State, and local law enforcement officers; (3) civil rights murders; (4) gun murders; (5) murders by escaped prisoners; (6) torture under specified circumstances where death results; and (7) carjackings which result in death.
Subtitle B: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests.
(Sec. 712) Requires the court to sentence a defendant convicted of a Federal violent felony to life imprisonment or, if death results, subject such defendant to the death penalty, if the defendant had previously been convicted of two other violent felonies.
(Sec. 713) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more.
(Sec. 714) Provides an enhanced penalty for the use of a semiautomatic firearm during a crime of violence or drug trafficking crime.
(Sec. 715) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm.
(Sec. 717) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime.
(Sec. 719) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime.
(Sec. 723) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime.
Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance.
(Sec. 734) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information.
(Sec. 735) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected.
(Sec. 736) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center.
(Sec. 737) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems.
Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony.
(Sec. 742) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony.
(Sec. 745) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release.
(Sec. 756) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances.
Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings.
(Sec. 762) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances.
(Sec. 764) Provides enhanced penalties for drug trafficking in prisons.
(Sec. 765) Directs the Federal Communications Commission: (1) in its review of applications for renewal of television broadcast licenses, to consider the extent to which the licensee has participated in efforts to educate the public as to the dangers of drug abuse and appropriate methods for obtaining treatment; and (2) not to find that a renewal of such a licensee is consistent with the public interest unless the applicant demonstrates that the station has broadcast public service announcements concerning drug abuse and treatment.
Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.
(Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
(Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies.
(Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners.
Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases.
Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases.
Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
(Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
(Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption.
Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury.
(Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.