H.R.3315 - Crime Prevention and Criminal Justice Reform Act103rd Congress (1993-1994)
|Sponsor:||Rep. Washington, Craig A. [D-TX-18] (Introduced 10/19/1993)|
|Committees:||House - Judiciary; Ways and Means|
|Latest Action:||04/21/1994 See H.R.4092. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Summary: H.R.3315 — 103rd Congress (1993-1994)All Information (Except Text)
Introduced in House (10/19/1993)
TABLE OF CONTENTS:
Title I: Strategies to Assist State and Local Governments in
Providing an Immediate Response to Crime
Subtitle A: Grants to Combat Violent Crimes
Subtitle B: Community Policing; Cop on the Beat
Subtitle C: Law Enforcement Family Support
Subtitle D: Police Misconduct
Subtitle E: Police Corps and Law Enforcement Officers
Training and Education
Title II: Crime Victims
Subtitle A: Crime Victims
Subtitle B: Confidentiality for Abused Persons
Subtitle C: Full Faith and Credit
Title III: Crime Prevention
Subtitle A: Safe Schools
Subtitle B: Midnight Sports
Subtitle C: Rape Prevention
Title IV: Strategies to Combat Recidivism
Subtitle A: Family Unity Demonstration Project
Subtitle B: Drug Rehabilitation for Federal Prisoners
Subtitle C: Drug Rehabilitation for State Prisoners
Subtitle D: Alternatives to Incarceration
Subtitle E: Voting Rights for Former Offenders
Subtitle F: Sex Offender Treatment Programs
Subtitle G: Education and Training for Judges and Court
Personnel in State Courts
Subtitle H: Education and Training for Judges and Court
Personnel in Federal Courts
Title V: Commission on Crime, Drugs, and Violence
Title VI: Confidence in Criminal Justice System
Subtitle A: Racial Justice Act
Subtitle B: Racial Bias
Subtitle C: Minimum Sentencing
Subtitle D: Crack-Cocaine Equitable Sentencing
Subtitle E: Sentencing Uniformity
Subtitle F: Coerced Confessions and Harmless Error
Title VII: Fiscal Impact of Criminal Justice Sentencing
Title VIII: Habeas Corpus Reform
Title IX: Gun Control
Subtitle A: Firearms
Subtitle B: Semiautomatic Assault Weapons
Subtitle C: Gun Violence Liability
Subtitle D: Ammunition
Subtitle E: Multiple Handgun Transfers
Subtitle F: Licensing
Subtitle G: Saturday Night Specials
Title X: Asset Forfeiture
Title XI: Miscellaneous Provisions
Subtitle A: Amendments to Omnibus Crime Control and Safe
Subtitle B: Juvenile Justice and Delinquency Prevention
Crime Prevention and Criminal Justice Reform Act - Title I: Strategies to Assist State and Local Governments in Providing an Immediate Response to Crime - Subtitle A: Grants to Combat Violent Crimes - 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 (under the drug control and system improvement grant program) to States, local governments, nonprofit nongovernmental victim services programs, and Indian tribes to develop effective law enforcement and prosecution strategies to combat violent crimes (placing particular emphasis on combating violent crimes against women and people of color) and to reduce the rate of violent crimes against women.
Specifies that such grants shall provide additional personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes and for purposes of: (1) training law enforcement officers and prosecutors to identify and respond more effectively to violent crimes, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target violent crimes; (3) developing and implementing police and prosecution policies, protocols, or orders specifically devoted to the identification of and response to violent crimes against women; (4) developing, installing, or expanding data collection systems linking police, prosecutors, and courts or identifying and tracking arrests, protection orders, prosecutions, and convictions for crimes of sexual assault and domestic violence; and (5) developing, enlarging, or strengthening victim services programs to increase reporting and reduce attrition rates for cases involving violent crimes against women.
Sets forth application and related requirements. Authorizes appropriations.
Subtitle B: Community Policing; Cop on the Beat - Amends the Omnibus Act to authorize the Director to make grants to units of local government and to community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community, including: (1) developing innovative neighborhood-oriented policing programs; (2) providing new technologies to reduce the amount of time officers spend processing cases instead of patrolling the community; (3) providing training in cultural differences for law enforcement officials; (4) developing community-based crime prevention programs; and (5) developing crime prevention programs in communities which have experienced a recent increase in gang-related violence.
Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) available civil remedies, such as public nuisance violations and civil suits in small claims court; and (3) available mediation techniques between community members and individuals who have established a drug or gang house in such community.
Sets forth provisions regarding: (1) application requirements; (2) the allocation and limitations on use of grant funds; (3) awarding grants; and (4) reporting requirements. Authorizes appropriations.
Subtitle C: Law Enforcement Family Support - Amends the Omnibus Act to require the Director to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice (DOJ); (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings to Federal, State, and local law enforcement agencies (LEAs), related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services; and (6) determine issues to be researched by BJA and by grant recipients.
Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Sets forth provisions regarding: (1) activities of grant recipients that are required (counseling for law enforcement family members, child care on a 24-hour basis, marital and adolescent support groups, stress reduction programs, and stress education for law enforcement recruits and families) or optional (such as post-shooting debriefing for officers and their spouses, hypertension clinics, counseling for law enforcement personnel exposed to the human immunodeficiency virus (HIV), and counseling for families of personnel killed in the line of duty); (2) further application requirements and limitations; (3) discretionary research grants; and (4) reporting requirements. Authorizes appropriations.
Subtitle D: Police Misconduct - Prohibits any governmental authority from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Authorizes civil actions by the Attorney General and by an injured person. Permits the court, in private actions, to allow the prevailing plaintiff reasonable attorney's fees and costs. Makes a governmental body liable for such fees and costs to the same extent as a private individual.
(Sec. 132) Directs the Attorney General to: (1) acquire data about the use of excessive force by law enforcement officers; and (2) publish an annual summary. Limits the use of such data.
(Sec. 133) Amends the Federal criminal code to: (1) set penalties for police brutality; and (2) provide for liability by any State, county, municipality, or other unit of State or local government in a civil action to the party injured for the conduct of a law enforcement officer of such unit for subjecting any individual, under color of law, to the deprivation of any rights, privileges, or immunities secured by the Constitution or laws of the United States (regardless of whether such officer had a reasonable good faith belief in the lawfulness of the conduct).
Subtitle E: Police Corps and Law Enforcement Officers Training and Education - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, to be headed by a Director.
(Sec. 143) Requires a State that desires to participate in the Police Corps Program (under Chapter 1 of this subtitle) or the Law Enforcement Scholarship Program (under chapter 2) to designate a lead agency that will be responsible for: (1) submitting to the Director a State plan for the Program; and (2) administering the Program in the State.
Chapter 1: Police Corps Program - Authorizes the Director to award scholarships of up to $7,500 or the cost of the educational expenses related to attending an institution of higher education (subject to limitation) to participants who agree to work in a State or local police force for four years after successful completion of a baccalaureate program and training. Permits the use of scholarships for graduate and professional study and for reimbursement of the participant's prior educational expenses under specified circumstances. Requires repayment of all of the scholarship or payment received plus interest for failure to comply with program requirements (but the Director may substitute community service for the required repayment if the recipient is unable to comply because of a physical or emotional disability or for good cause). Entitles a dependent child of a law enforcement officer killed in the course of performing police duties to scholarship assistance if specified conditions are met.
(Sec. 153) Sets forth program provisions regarding: (1) participant selection criteria and qualifications; (2) recruitment of minorities; (3) enrollment of applicants; (4) leaves of absence; and (5) admission of applicants.
(Sec. 154) Requires: (1) the Director to establish programs of training for participants, to be carried out at up to three training centers, and to pay participants a stipend during training; and (2) participants to attend two eight-week training sessions at a training center as basic law enforcement training and to be evaluated for mental, physical, and emotional fitness.
(Sec. 155) Sets forth provisions regarding: (1) the swearing in of participants; (2) participants' rights and responsibilities; (3) discipline; (4) layoffs; and (5) State plan requirements.
(Sec. 156) Authorizes appropriations.
Chapter 2: Law Enforcement Scholarship Program - Provides for scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations.
Chapter 3: Reports - Requires: (1) the Director to submit to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate annual reports concerning the Police Corps and Law Enforcement Scholarship Programs; and (2) the Attorney General to submit to the Congress a plan to expand assistance to Federal law enforcement officers.
Title II: Crime Victims - Subtitle A: Crime Victims - Amends the Victims of Crime Act of 1984 to: (1) specify funds and percentages of funds available for various purposes from the Crime Victims Fund; and (2) provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program or a federally financed State or local program would otherwise pay, such victim compensation program shall not pay such compensation and the other program shall make its payments without regard to the existence of the crime victim compensation program.
(Sec. 203) Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18 or by one or more family members if the victim is deceased or incapacitated.
Subtitle B: Confidentiality for Abused Persons - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses.
Subtitle C: Full Faith and Credit - Provides that any protection order issued by a State court consistent with specified requirements (with respect to jurisdiction, due process rights, and ex parte orders) shall be accorded full faith and credit by the court of another State and enforced as if it were the order of such other State. Makes an exception for an order issued by a State court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner if: (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.
Title III: Crime Prevention - Subtitle A: Safe Schools - Amends the Omnibus Act to: (1) authorize the Director of BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any local educational agency.
Sets forth provisions regarding: (1) the use of funds to fund anticrime and safety measures and develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol, for counseling programs for victims of crime within schools, for crime prevention equipment, and for the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools; (2) application requirements; (3) limitations on grants and grant renewal; (4) the selection of recipients; and (5) reporting requirements. Authorizes appropriations.
Subtitle B: Midnight Sports - Directs the Attorney General to make grants to eligible entities to assist in carrying out midnight sports league programs and to advisory entities to provide technical assistance in establishing and operating such programs. Authorizes appropriations.
Subtitle C: Rape Prevention - Authorizes the Director of BJA to make grants for specified purposes, including to: (1) provide educational seminars designed to change attitudes regarding rape and develop awareness of what acts may meet the legal definition of rape; (2) provide programs for elementary and secondary school age children that teach nonviolent conflict resolution, self defense, or other relevant skills; (3) develop treatment programs for convicted sex offenders and make such programs available in the local community and in Federal and State prisons; and (4) develop other projects to increase awareness of sexual assault prevention among racial, ethnic, cultural, and language minorities.
(Sec. 322) Sets forth application and reporting requirements.
(Sec. 324) Prohibits a State from receiving funds under this Act unless the State or other grantee incurs the full cost of forensic medical exams for victims of sexual assault.
(Sec. 326) Authorizes appropriations.
Title IV: Strategies to Combat Recidivism - Subtitle A: Family Unity Demonstration Project - Chapter 1: General Provisions - Authorizes appropriations for family unity demonstration projects.
Chapter 2: Grants to States - Authorizes the Director of the National Institute of Corrections to make grants to States to carry out family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children. Sets forth provisions regarding: (1) preferences for grants; (2) the number of grants; (3) eligibility to receive grants; and (4) reporting requirements.
Chapter 3: Family Unity Demonstration Project for Federal Prisoners - Directs the Attorney General to carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children.
Subtitle B: Drug Rehabilitation for Federal Prisoners - Drug Treatment in Federal Prisons Act of 1993 - Requires the Bureau of Prisons to provide residential substance abuse treatment (where possible, by community-based drug and alcohol treatment programs) for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995. Specifies that prisoners who successfully complete such treatment could be released up to a year early. Sets forth requirements regarding: (1) drug testing; (2) aftercare services; and (3) reporting requirements. Authorizes appropriations.
Subtitle C: Drug Rehabilitation for State Prisoners - Substance Abuse Treatment in State Prisons Act of 1993 - Amends the Omnibus Act to authorize the Director of BJA to make grants to States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth provisions regarding: (1) State application requirements (including drug testing, eligibility for preference for programs with an aftercare component, and designation of a State office to administer grant funds); (2) review of State applications; (3) allocation and distribution of funds; and (4) an evaluation requirement. Authorizes appropriations.
Subtitle D: Alternatives to Incarceration - Chapter 1: Grants - Authorizes the Director of BJA to make grants to States, units of local government, court systems, district attorneys, and private nonprofit organizations to establish or expand sentencing options in addition to existing incarceration and probation programs for offenders who would otherwise be sentenced to incarceration.
(Sec. 452) Permits the use of grant funds to develop sentencing option projects that include: (1) day fines; (2) house arrest; (3) electronic monitoring; (4) intensive probation supervision; (5) defense-based sentencing; (6) day reporting centers; (7) victim-offender reconciliation; (8) shock incarceration; and (9) substance abuse treatment in lieu of incarceration.
(Sec. 453) Sets forth provisions regarding: (1) grant applications; (2) grant renewal and the Federal share; and (3) priorities in awarding grants. Authorizes appropriations.
Chapter 2: Substance Abuse Treatment Alternatives to Incarceration - Authorizes the Director of BJA to make grants to public and nonprofit private entities to provide substance abuse treatment to individuals who are not incarcerated but who are under criminal justice supervision because of their status as pretrial or post-trial releasees, probationers, parolees, supervised releasees, or releasees with a deferred prosecution. Sets forth provisions regarding: (1) priorities in awarding grants; (2) required substance abuse treatment services (including addiction education, individual, group, and family counseling, HIV education, counseling, and testing (when requested), services that facilitate access to health and social services, and planning for and counseling to assist reentry into society); and (3) application requirements. Authorizes appropriations.
Subtitle E: Voting Rights for Former Offenders - Specifies that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because he has committed a criminal offense unless such citizen is imprisoned in a correctional institution or facility at the time of such election. Sets fines for violators.
Subtitle F: Sex Offender Treatment Programs - Requires the National Institute of Justice to establish criteria and develop training programs to assist: (1) prison, youth residential, and mental health institutional staff; and (2) probation and parole officers and other personnel who work with released sex offenders in the areas of relapse prevention, supervision, and case management. Authorizes appropriations.
(Sec. 472) Directs the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding specialized community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment for sex offenses.
Subtitle G: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States in training judges and court personnel in the laws of the States on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender.
(Sec. 483) Directs the Institute to ensure that such model programs are developed with the participation of law enforcement officials, recognized experts on gender bias in the courts, and specified others.
(Sec. 484) Authorizes appropriations.
Subtitle H: Education and Training for Judges and Court Personnel in Federal Courts - Directs the: (1) circuit judicial councils to conduct studies of the instances of gender bias in their respective circuits; (2) Judicial Conference of the United States to designate an entity within the judicial branch to act as a clearinghouse to disseminate reports and materials issued by the gender bias task forces and to respond to requests for such reports and materials (and requires such task forces to provide such entity with their reports and related materials); and (3) Federal Judicial Center to include in its educational programs information on issues related to gender bias in the courts.
(Sec. 492) Authorizes appropriations for the: (1) salaries and expenses account of the courts of appeals, district courts, and other judicial services; (2) Federal Judicial Center; and (3) Administrative Office of the United States Courts. Requires the Judicial Conference to allocate funds to Federal circuit courts that undertake studies in their own circuits or implement reforms, including education and training, recommended as a result of such studies in their own or other circuits.
Title V: Commission on Crime, Drugs, and Violence - Establishes a National Commission on Crime, Drugs, and Violence in America to examine the: (1) impact of criminal justice policy on the African-American, Hispanic, Asian, and Native American communities and criticism that the criminal justice system functions in a racially disparate manner; and (2) root causes of violent crime (and make recommendation for the creation of a national public education strategy on violence) and of the demand for drugs in the United States (and undertake an evaluation of the efficacy of current Federal drug policy).
Title VI: Confidence in Criminal Justice System - Subtitle A: Racial Justice Act - Racial Justice Act of 1993 - Amends the Federal judicial code to prohibit: (1) the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern; and (2) any person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern.
Sets forth provisions regarding: (1) establishment of such pattern (ordinary methods of statistical proof shall suffice and it shall not be necessary to show discriminatory motive, intent, or purpose by any individual or institution); and (2) establishing and rebutting a prima facie showing of such pattern.
Requires any State or Federal entity that provides by law for death to be imposed as a punishment for any crime to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes.
Provides for appointment of counsel and the furnishing of investigative, expert, or other services necessary for the adequate development of a discriminatory pattern claim to persons financially unable to retain counsel and obtain such services. Specifies that no determination of the merits of a factual issue made by a State court pertinent to any such claim shall be presumed to be correct unless specified conditions are met.
Subtitle B: Racial Bias - Specifies that any existing race bias claim, whether or not previously raised or determined (unless determined on the merits in a Federal habeas corpus proceeding) may be raised in a Federal habeas corpus proceeding within one year after the enactment date of this Act and shall be determined on the merits (applying the law in effect at the time of the determination).
Subtitle C: Minimum Sentencing - Amends the Federal criminal code to grant a court authority to impose a sentence below a statutory minimum.
Subtitle D: Crack-Cocaine Equitable Sentencing - Crack-Cocaine Equitable Sentencing Act of 1993 - Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act to eliminate specified mandatory minimum penalties relating to the trafficking in, and possession and importation of, crack cocaine.
(Sec. 635) Directs the United States Sentencing Commission to promulgate such amendments to its sentencing guidelines as necessary to conform such guidelines to the amendments made by this subtitle.
Subtitle E: Sentencing Uniformity - Sentencing Uniformity Act of 1993 - Revises the Federal criminal code, the CSA, and various other Federal laws to grant courts greater flexibility in sentencing.
Subtitle F: Coerced Confessions and Harmless Error - Specifies that: (1) if, on direct or collateral review of a Federal or State criminal judgment, including in a Federal habeas corpus proceeding, any U.S. court determines that a Federal or State criminal conviction or sentence was obtained in violation of the Constitution, the court shall award relief unless, in the case of a violation that can be harmless, the Federal Government or the State concerned proves beyond a reasonable doubt that the error did not contribute to the conviction or sentence; and (2) the admission into evidence of a coerced confession shall not be considered harmless error.
Title VII: Fiscal Impact of Criminal Justice Sentencing - Directs the Congressional Budget Office (CBO) to prepare a criminal justice impact assessment for any bill, joint resolution, amendment, motion, or conference report (bill) that could increase or decrease the number of persons incarcerated in State or Federal penal institutions.
(Sec. 702) Specifies that it shall not be in order in either the House of Representatives or the Senate to consider any bill that would increase or decrease the number of persons incarcerated in State or Federal penal institutions unless such bill is accompanied by a criminal justice impact statement prepared by CBO.
(Sec. 703) Directs CBO to prepare and transmit to the Congress an annual summary report reflecting the cumulative fiscal effect of all relevant changes in the law that will increase or decrease the number of persons incarcerated in State or Federal penal institutions taking effect during the preceding calendar year.
Title VIII: Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
(Sec. 802) Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
(Sec. 803) Specifies requirements for stays of execution in capital cases.
(Sec. 804) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.
(Sec. 805) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority.
Specifies that such mechanism shall include requirements that: (1) the State provide legal services to indigents charged with offenses for which capital punishment is sought, who have been sentenced to death and who seek appellate, collateral, or unitary review in State court, and who have been sentenced to death and seek certiorari review of State court judgments in the U.S. Supreme Court; (2) the State establish a counsel authority, which shall be a statewide defender organization, a resource center, or a counsel authority appointed by the highest State court having jurisdiction over criminal matters; and (3) such authority publish a roster of attorneys qualified to be appointed in capital cases, monitor attorney performance, and appoint a defense team to represent a client at the relevant stage of proceedings within 30 days after receiving notice of the need for the appointment from the relevant State court.
(Sec. 806) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
(Sec. 807) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
(Sec. 808) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.
Title IX: Gun Control - Subtitle A: Firearms - Amends the Federal criminal code to provide for a seven (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations.
(Sec. 902) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violate specified legal provisions. Provides for the correction of erroneous information in the system.
(Sec. 903) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations.
Sets forth provisions with respect to the withholding of State and DOJ funds for failure to meet set deadlines.
Subtitle B: Semiautomatic Assault Weapons - Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) list weapons classified as semiautomatic assault weapons; and (2) make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date.
(Sec. 913) Prohibits the transfer or possession of a large capacity ammunition feeding device (i.e., a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition and any combination of parts from which such a device can be assembled, but not an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition). Sets penalties for violators. Requires such devices to be identified by a serial number.
Subtitle C: Gun Violence Liability - Gun Violence Economic Equity Act of 1993 - Authorizes any person suffering bodily injury or death as a result of the discharge of a handgun or an assault weapon to bring an action in U.S. district court against any manufacturer, importer, or dealer of a handgun or assault weapon. Makes such defendants strictly liable for all direct and consequential damages that arise from such bodily injury or death, except where the injury is: (1) suffered while committing a felony; (2) self-inflicted; or (3) a result of a discharge by a law enforcement officer or a member of the armed forces in the line of duty.
Subtitle D: Ammunition - Requires each licensed importer and manufacturer of ammunition to: (1) maintain such records of importation, production, shipment, sale, or other disposition of ammunition at his place of business for such period and in such form as the Secretary may prescribe, including the amount, caliber, and type of ammunition; and (2) annually prepare a summary report of such dispositions during the preceding year. Directs the Secretary to request the National Academy of Sciences to: (1) prepare a study of the criminal use and regulation of ammunition; and (2) report to the Congress recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition.
(Sec. 932) Amends the Internal Revenue Code (IRC) to: (1) increase the tax on nine millimeter, .25 caliber, and .32 caliber ammunition, except with respect to sales to or for the use of the United States or any State or political subdivision thereof; and (2) establish in the Treasury a Trauma Center Trust Fund, for purposes of making grants for the operating expenses of trauma centers that have incurred substantial uncompensated costs in providing trauma care in geographic areas with significant incidences of violence due to crime.
Subtitle E: Multiple Handgun Transfers - Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period. Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding, that the individual requires access to a handgun because of a threat to his or her life or household. Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act.
Subtitle F: Licensing - Amends the Federal criminal code to prohibit: (1) a common or contract carrier knowingly to deliver in interstate or foreign commerce a firearm to a licensed importer, manufacturer, dealer, or collector without identifying the person to whom the firearm is delivered and making and maintaining a record of the identity of the person; and (2) the sale or other disposition of a firearm or ammunition to another person having reasonable cause to believe that the person is acquiring such firearm or ammunition with the intent that it will be used by any person to commit a crime of violence.
(Sec. 953) Increases application fees for dealers in firearms.
(Sec. 954) Repeals a provision requiring the Secretary to approve or deny an application for a license as a firearms or ammunition importer, manufacturer, or dealer (dealer) within 45 days and authorizing the applicant to file an action to compel the Secretary to act.
(Sec. 955) Makes compliance with State and local law a condition for licensure as a dealer.
(Sec. 956) Sets forth provisions regarding: (1) inspections of firearms licensees; (2) reports of theft or loss of firearms; and (3) responses to requests for information concerning disposition of firearms.
(Sec. 959) Amends the IRC to require individuals required to register as dealers of firearms to include their photograph and fingerprints with the initial application.
Subtitle G: Saturday Night Specials - Prohibits the possession or transfer of a non-sporting handgun (i.e., a firearm which is designed to be fired by the use of a single hand, is not a sporting handgun, and any combination of parts from which such a firearm can be assembled). Sets penalties for violators.
Title X: Asset Forfeiture - Asset Forfeiture Reform Act of 1993 - Amends: (1) the Tariff Act of 1930 to require that proceedings for the forfeiture of property, other than of merchandise upon which the duties have not been paid or which has been otherwise brought into the United States unlawfully, be conducted only upon conviction of the owner of such property for the crime upon which the forfeiture is based; and (2) the Federal criminal code to require a conviction before a gambling ship may be forfeited to the United States.
(Sec. 1003) Amends the Tariff Act to: (1) require that notice be sent within 60 days after a seizure to any possessor, owner, or other interested party, including any lienholder; (2) shift the burden of proof in forfeiture proceedings from the defendant to the Government and to require a showing of clear and convincing evidence that the property was subject to forfeiture for the Government to prevail; (3) repeal the requirement that persons making claims regarding seized property give a bond to the United States; and (4) afford a right to trial by jury in forfeiture cases.
(Sec. 1005) Amends the CSA and the Federal criminal code to: (1) require a preliminary hearing prior to a seizure of property subject to civil forfeiture, with exceptions; and (2) prohibit the civil or criminal forfeiture of property which has been paid or pledged as bona fide attorney's fees.
(Sec. 1014) Amends: (1) the Tariff Act, the Federal criminal code, and the CSA with respect to the retention of forfeiture proceeds by State and local law enforcement agencies, for disposition according to State law; and (2) the Federal judicial code to make forfeiture proceeds available to the Attorney General for community-based crime control programs for drug education, prevention, and treatment, with amounts for such programs to be distributed (in accordance with criteria determined by the State) with priority given to the communities in which the assets involved are seized.
(Sec. 1016) Sets forth provisions regarding: (1) the payment of informants; (2) changes in adoptive seizure regulations; (3) reporting requirements; (4) maintenance of seized property; (5) limits on administrative and contracting expenses; (6) nominal consideration sales of low value real property to certain tax-exempt organizations; and (7) limits on the customs and tax exemption under tort claim procedures.
Title XI: Miscellaneous Provisions - Subtitle A: Amendments to Omnibus Crime Control and Safe Streets Act - Increases the discretionary grant authorization under the drug control and system improvement grant program under the Omnibus Act.
Subtitle B: Juvenile Justice and Delinquency Prevention - Increases the authorization of appropriations under the Juvenile Justice and Delinquency Prevention Act of 1974.
Directs the Attorney General to: (1) evaluate the effectiveness and improve the coordination of the operation of all Federal programs relating to juvenile justice and juvenile delinquency prevention in order to maximize the effectiveness of such programs, reduce duplication of effort, and develop a unified strategy for addressing juvenile delinquency; and (2) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report describing the results and containing a five-year plan for the continued operation of such programs.