S.8 - Crime Control Act of 1993103rd Congress (1993-1994)
|Sponsor:||Sen. Hatch, Orrin G. [R-UT] (Introduced 01/21/1993)|
|Committees:||Senate - Judiciary|
|Latest Action:||03/03/1994 Sponsor introductory remarks on measure. (All Actions)|
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Summary: S.8 — 103rd Congress (1993-1994)All Information (Except Text)
Introduced in Senate (01/21/1993)
TABLE OF CONTENTS:
Title I: Death Penalty
Title II: Habeas Corpus Reform
Title III: Exclusionary Rule
Title IV: Rural Crime and Drug Control
Title V: Firearms and Related Amendments
Title VI: Juveniles and Gangs
Title VII: Terrorism and International Matters
Title VIII: Sexual Violence, Child Abuse, and Victims' Rights
Title IX: Equal Justice Act
Title X: Funding, Grant Programs, and Studies
Title XI: Illegal Drugs
Title XII: Public Corruption
Title XIII: General Provisions
Title XIV: Technical Corrections
Title XV: Federal Law Enforcement Agencies
Title XVI: Federal Prisons
Title XVII: Pre-Trial Interrogation
Crime Control Act of 1993 - Title I: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.
(Sec. 102) Allows the defendant and the Government to present any information relevant to sentencing (including victim impact statements), but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury.
Sets forth: (1) procedures for the implementation of, and appeal from, a sentence of death; and (2) provisions regarding the appointment of counsel, deadlines for collateral attacks on judgments imposing a death sentence, and stays of execution.
(Sec. 110) Provides for the imposition of the death penalty for various offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of racketeering activity; (4) specified violations of the Controlled Substances Act (CSA); (5) murder of Federal witnesses; (6) rape and child molestation murders; and (7) murders in the District of Columbia.
Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.
(Sec. 204) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases.
Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases.
Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment.
Title IV: Rural Crime and Drug Control - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations for rural law enforcement agencies (LEAs) and increase the base allocation to nonrural States for rural drug enforcement assistance.
(Sec. 402) Requires: (1) the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each Federal judicial district which encompasses significant rural lands, and to cross-designate up to 100 law enforcement officers from specified Federal agencies to enforce provisions of the CSA on non-Federal lands and the Federal criminal code; and (2) the Director of the Federal Law Enforcement Training Center to develop specialized training for rural law enforcement officers.
Subtitle B: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services.
Subtitle C: Rural Areas Enhancement - Sets forth provisions regarding: (1) forfeiture of assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force; and (2) the bringing of criminal charges (including counts involving illegal disposal of hazardous waste and knowing endangerment of the environment) and civil actions (including assessment of environmental and health-related damages) against the operators of clandestine methamphetamine and other dangerous drug laboratories.
Title V: Firearms and Related Amendments - Amends the Federal criminal code to establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.
(Sec. 503) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking.
(Sec. 504) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property.
(Sec. 506) Prohibits: (1) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (2) transactions involving stolen firearms which have moved in interstate or foreign commerce; and (3) the possession of explosives by felons and specified others.
(Sec. 511) Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definition of burglary under the Armed Career Criminal Act of 1984.
Title VI: Juveniles and Gangs - Anti-Gang and Juvenile Offenders Act of 1993 - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials.
Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles.
(Sec. 623) Sets penalties for the commission of a felony crime of violence, felony involving a controlled substance, and specified other offenses in, for, or in association with a criminal street gang.
Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to those over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances.
(Sec. 632) Classifies as serious drug offenses for purposes of the Armed Career Criminal Act serious drug offenses committed by juveniles.
(Sec. 633) Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance.
Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year olds in courts with jurisdiction over adults for specified crimes.
(Sec. 642) Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal LEAs, and prepare a report on national gang violence to be submitted to the President and the Congress; and (2) the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report.
(Sec. 643) Prohibits a juvenile from being transferred to adult prosecution or a hearing held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met.
Title VII: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Establishes a civil remedy for U.S. nationals (and their survivors or estates) injured, in their person, property, or business, by acts of international terrorism.
(Sec. 702) Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; and (2) provide for forfeiture of assets used to support terrorists.
(Sec. 704) Authorizes the Attorney General to waive immigration admission and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions.
(Sec. 713) Amends the Federal criminal code to: (1) establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights; (2) provide for the prosecution of individuals who murder U.S. nationals abroad; and (3) permit FBI access to telephone subscriber information under specified circumstances.
Title VIII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Sexual Assault Prevention Act of 1993 - Chapter 1: Sexual Violence - Subchapter A: Penalties and Remedies - Provides for: (1) pretrial detention in sex offense cases; and (2) the imposition of the death penalty for murders committed by sex offenders.
(Sec. 803) Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims below age 16.
(Sec. 805) Sets forth provisions regarding: (1) sentencing guideline increases for sex offenses; (2) human immunodeficiency virus testing, penalty enhancement, and cost of testing in sex offense cases; (3) restitution and suspension of Federal benefits; and (4) creation of a civil remedy for victims of sexual violence.
Subchapter B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.
(Sec. 822) Revises the rape victim shield law, including making the past sexual behavior of an alleged victim inadmissible in civil as well as criminal cases. Makes inadmissible evidence to show provocation or invitation by the victim in a sex offense criminal case.
(Sec. 824) Sets forth provisions regarding: (1) review of proposed Rules of Professional Conduct for Lawyers in Federal Practice; (2) a victim's right to allocation (to be present, make a statement, and present information) at the sentencing hearing of a defendant convicted of a crime of violence or sexual abuse; and (3) a victim's right of privacy.
Subchapter C: Safe Campuses - Directs the Attorney General to provide for a national baseline study on campus sexual assault.
Subchapter D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence, and supplementary grants for States adopting effective laws relating to sexual violence.
Chapter 2: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to: (1) set penalties for noncompliance with child support obligations in interstate cases; and (2) require full faith and credit for protective orders.
(Sec. 853) Creates a presumption against child custody for spouse abusers.
(Sec. 854) Directs the Attorney General to report to the Congress on: (1) the status of battered women's syndrome as a medical and psychological condition and its effect in criminal trials; (2) the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) problems of recordkeeping of criminal complaints involving domestic violence.
(Sec. 857) Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other unlawful acts that particularly affect women.
Chapter 3: National Task Force on Violence Against Women - Directs the Attorney General to establish a National Task Force on Violence Against Women.
Subtitle B: Victims' Rights - Sets forth provisions regarding: (1) restitution and suspension of Federal benefits; and (2) the number of peremptory challenges under the Federal Rules of Criminal Procedure.
Subtitle C: National Child Protection Act - National Child Protection Act of 1993 - Provides for: (1) State reporting of child abuse crime information to a national criminal background check system; (2) funding to improve such information; and (3) the withholding of a portion of such funding to States not in compliance with a timetable established under this Act.
Subtitle D: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person who is convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison or being placed on parole or supervised release. Sets forth registration, State compliance, and related requirements.
Title IX: Equal Justice Act - Equal Justice Act - Requires that the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim. Bars the use of any racial quota or statistical test for the imposition or execution of any penalty.
(Sec. 903) Sets forth provisions regarding: (1) safeguards against racial prejudice or bias in criminal courts; and (2) jury instructions and certification, and racial motivation in killings as an aggravating factor, in Federal capital cases.
(Sec. 905) Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district.
Title X: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Law Enforcement Enhancement Act of 1993 - Amends the Omnibus Act to: (1) authorize grants to State and local agencies for the hiring of law enforcement personnel; (2) continue the Federal-State funding formula through 1994; and (3) revise the funding formula with respect to the allocation and distribution of funds under formula grants.
Subtitle B: Retired Public Safety Officer Death Benefit - Includes retired public safety officers who have died or become permanently and totally disabled as a result of injuries sustained while responding to a fire, rescue, or police emergency among those eligible for death and disability benefits.
Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively.
Subtitle D: Cop-on-the-Beat Grants - Cop-on-the-Beat Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of local government and community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community.
Subtitle E: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels.
Subtitle F: Other Provisions - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice, identify and evaluate model programs that provide support services to law enforcement personnel and families, and take other specified actions; and (2) authorize the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel.
(Sec. 1063) Requires the Bureau of Prisons to notify, in writing and within a specified time frame, the chief law enforcement officer of the State and local jurisdiction in which a prisoner released on supervised release will reside.
Title XI: Illegal Drugs - Subtitle A: Drug Testing - 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 (where feasible) to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving 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.
Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1993 - Amends the CSA to replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals."
(Sec. 1123) Requires every person who manufacturers or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Makes provisions regarding the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals.
(Sec. 1131) Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act.
(Sec. 1132) Amends the Health Care Quality Improvement Act of 1986 to grant the Attorney General access to information in the National Practitioner Data Bank.
Subtitle C: Other Provisions - Sets forth miscellaneous provisions and amends various laws concerning controlled substances.
Title XII: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process.
(Sec. 1202) Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
(Sec. 1203) 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. 1204) Sets forth prohibitions regarding narcotics-related public corruption.
Title XIII: General Provisions - Subtitle A: Violent Crimes - Sets penalties for attempted: (1) robbery; (2) kidnapping; (3) smuggling; and (4) malicious mischief.
(Sec. 1320) Increases penalties for: (1) certain assaults; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire.
Subtitle B: Civil Rights Offenses - Increases maximum penalties for certain civil rights violations, including damage to religious property.
Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping.
(Sec. 1330) Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier. (Current law applies only to matter sent by the U.S. Postal Service.)
(Sec. 1332) Increases penalties for trafficking in counterfeit goods and services.
(Sec. 1333) Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period, or modifies or impairs the medical care of any individual. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act.
Subtitle D: Other Provisions - Sets forth provisions regarding: (1) venue for espionage and related offenses; (2) required reporting by criminal court clerks; and (3) audit requirements for State and local LEAs receiving Federal asset forfeiture funds.
(Sec. 1364) Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains.
(Sec. 1365) Authorizes the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence.
Title XIV: Technical Corrections - Makes technical corrections to the Omnibus Act, the Federal criminal code, the CSA, and the Foreign Corrupt Practices Act of 1977.
Title XV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1993 - Authorizes appropriations for the Drug Enforcement Administration, the FBI, the Immigration and Naturalization Service, the U.S. attorneys, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. courts.
Title XVI: Federal Prisons - Authorizes appropriations for new prison construction.
Title XVII: Pre-Trial Interrogation - Expresses the sense of the Congress that the Attorney General shall instruct all U.S. attorneys, and implement policies consistent therewith, that confessions obtained in conformity with Federal provisions related to such admissibility will be offered into evidence.