H.R.810 - Anti-Gang and Youth Violence Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Schumer, Charles E. [D-NY-9] (Introduced 02/25/1997)(by request)|
|Committees:||House - Judiciary; Education and the Workforce|
|Latest Action:||House - 03/14/1997 Referred to the Subcommittee on Early Childhood, Youth and Families. (All Actions)|
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Summary: H.R.810 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in House (02/25/1997)
TABLE OF CONTENTS:
Title I: Findings and Purposes
Title II: Targeting Violent Gang, Gun, and Drug Crimes
Subtitle A: Federal Prosecutions Targeting Violent
Gangs, Gun Crimes and Illicit Gun Markets, and Drugs
Subtitle B: Grants to Prosecutors' Offices to Target
Gang Crime and Violent Juveniles
Subtitle C: Youth Violence Courts
Title III: Protecting Witnesses to Help Prosecute Gangs and
Other Violent Criminals
Title IV: Protecting Victims' Rights
Title V: Federal Prosecution of Serious and Violent Juvenile
Title VI: Incarceration of Juveniles in the Federal System
Title VII: Office of Juvenile Crime Control and Prevention
Subtitle A: Creation of the Office of Juvenile Crime
Control and Prevention
Subtitle B: Juvenile Crime Assistance
Subtitle C: Missing and Exploited Children
Anti-Gang and Youth Violence Act of 1997 - Title I: Findings and Purposes - Sets forth the findings and purposes of this Act with respect to juvenile crime and the Government's role in preventing and combatting it.
(Sec. 1003) Makes additions and revisions to definitions of terms used in the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act).
Title II: Targeting Violent Gang, Gun and Drug Crimes - Subtitle A: Federal Prosecutions Targeting Violent Gangs, Gun Crimes and Illicit Gun Markets, and Drugs - Part 1: Targeting Gang and Other Violent Crimes - Increases penalties under the Racketeer Influenced and Corrupt Organizations Act (RICO) to increase the maximum penalty from 20 years to the greater of 20 years or the maximum term applicable to a racketeering activity on which the violation is based. (Currently, this principle applies under RICO only where the predicate racketeering activity carries a maximum life sentence.)
(Sec. 2112) Increases the penalty for, and broadens the scope of provisions covering, violent crimes in aid of racketeering (including threats to commit a crime of violence).
(Sec. 2113) Eliminates as an element of Federal carjacking that the offense be committed with intent to cause death or serious bodily harm.
(Sec. 2114) Makes it unnecessary, for purposes of RICO, to establish that a defendant agreed personally to commit any acts of racketeering activity.
(Sec. 2115) Repeals the statute of limitations for class A felonies involving murder. Extends to ten years the statute of limitations for all crimes of violence and drug trafficking crimes (except for cases involving murder) currently classified as Class A felonies. (Current law provides that the general Federal five-year statute of limitations applies to non-capital crimes of violence and drug trafficking crimes.)
(Sec. 2116) Extends the civil and criminal forfeiture statutes to cover crimes of violence, racketeering, obstruction of justice, and conspiracy to commit such offenses.
Part 2: Targeting Serious Gun Crimes and Protecting Children from Gun Violence - Amends the Brady Handgun Violence Act to prohibit: (1) the sale or other disposition of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of juvenile delinquency; and (2) anyone who has committed an act of juvenile delinquency from shipping, possessing, or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. Requires the statement from the transferee to specify that such transferee has not committed an act of juvenile delinquency.
Provides that State laws restoring firearms rights will continue to be recognized for Federal firearms enforcement purposes only if the restoration was done on an individualized basis, including a determination that the circumstances of the person's conviction and his or her record and reputation make it unlikely that the person will endanger public safety.
(Sec. 2122) Prohibits any licensed importer, manufacturer, or dealer from selling or delivering any firearm to any person (other than a licensed importer, manufacturer, or dealer) without providing the transferee with a locking device that prevents the firearm from discharging without first being deactivated or removed by a key or lock. Authorizes the Secretary of the Treasury to suspend or revoke any firearms license, or to subject the licensee to a civil penalty of up to $10,000, for knowingly violating such provision.
(Sec. 2123) Sets penalties for possessing (currently, using or carrying) a firearm during a crime of violence or drug trafficking crime. Enhances penalties for discharging or using a firearm to cause serious bodily injury.
(Sec. 2124) Increases penalties for: (1) transferring a handgun or ammunition to a juvenile; and (2) firearms conspiracy.
Part 3: Targeting Illicit Gun Markets - Makes specified firearms offenses predicates to a violation of RICO.
(Sec. 2132) Makes it a felony for Federal licensees to violate requirements which are tantamount to aiding and abetting unlawful deliveries or purchases of firearms, such as: (1) selling firearms to persons known to be juveniles or who reside out of State; and (2) making false statements to a licensee in relation to the acquisition of a firearm and knowingly selling a firearm to a convicted felon or other prohibited category of firearm recipient.
(Sec. 2133) Prohibits any licensed importer, manufacturer, or dealer from storing any firearms in its business inventory in a manner not in conformity with regulations issued by the Secretary. Directs the Secretary, in issuing such regulations, to take into consideration the type and quantity of firearms to be stored, as well as the standards of safety and security recognized in the firearms industry. Authorizes the Secretary, after notice and opportunity for hearing, to suspend or revoke any Federal firearms license (license) or to subject the licensee to a civil penalty of up to $10,000 for knowing violations of this section. Limits review of the Secretary's actions. Makes secure storage of firearms inventories a condition of such license.
(Sec. 2134) Authorizes the Secretary to: (1) suspend a license or subject the licensee to a civil penalty of up to $10,000 per violation (current law makes license revocation the only option) for willful violations; and (2) compromise, mitigate, or remit the liability with respect to any such violation at any time.
(Sec. 2135) Sets penalties for transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence or a drug trafficking crime.
(Sec. 2136) Increases the penalty (from five to ten years) for knowingly receiving a firearm with an obliterated serial number.
(Sec. 2137) Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to increase the base offense level for specified offenses (prohibited receipt, possession, transportation, or transactions involving firearms or ammunition) to assume that a person who transferred a firearm or ammunition and who knew or had reasonable cause to believe that the transferee was a prohibited person is subject to the same base offense level as the transferee.
(Sec. 2138) Authorizes civil and criminal forfeiture of firearms used to commit crimes of violence and felonies.
Specifies that: (1) if the Government institutes an administrative forfeiture action within 120 days of a seizure, and a claim is then filed that requires that a judicial forfeiture action be filed in Federal court, the Government must file the judicial action within 120 days of the filing of the claim; and (2) the time during which any related criminal indictment or information is pending shall not be counted in calculating the 120-day period.
(Sec. 2139) Provides for the civil and criminal forfeiture of any conveyance used to commit specified gun trafficking offenses involving five or more firearms, any proceeds of such offenses, and any property traceable to such property.
Part 4: Targeting Serious Drug Crimes and Protecting Children From Drugs - Amends the Controlled Substances Act (CSA) to increase penalties for: (1) using minors to distribute drugs; (2) distributing drugs to minors; (3) drug trafficking in or near a school or other protected location; and (4) using Federal property to grow or manufacture controlled substances.
(Sec. 2144) Makes serious juvenile drug trafficking offenses predicates to a violation of the Armed Career Criminal Act.
(Sec. 2145) Extends the Attorney General's existing authority to schedule a substance on an emergency basis to include the rescheduling of an already scheduled drug to Schedule I for substances posing an imminent danger to public safety.
(Sec. 2149) Amends the Violent Offender Incarceration-Truth-In-Sentencing grant program of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to: (1) require the State, by September 1, 1998, to have a plan for drug testing, monitoring, and treatment for violent offenders housed in their corrections facilities, including sanctions for inmates who test positive; and (2) permit the State to use funds received under the program to pay the costs of required testing and treatment.
Subtitle B: Grants to Prosecutors' Offices to Target Gang Crime and Violent Juveniles - Amends the VCCLEA to: (1) authorize the Attorney General to make grants to State, Indian tribal, or local prosecutors (as under current law), or combinations thereof, for specified purposes, including to combat gang crime and youth violence; (2) authorize appropriations; and (3) require that two percent of all funds appropriated be set aside for training and technical assistance and ten percent be set aside for research, statistics, and evaluation.
Subtitle C: Youth Violence Courts - Amends the VCCLEA to authorize the Attorney General to make grants and enter into contracts to plan, develop, implement, and administer programs to adjudicate and better manage juvenile and youthful violent offenders within State, tribal, and local court systems. Sets forth grant program provisions regarding applications, the Federal share, geographic distribution, training and technical assistance, research, statistics, and evaluation, and reporting requirements. Authorizes appropriations.
Title III: Protecting Witnesses to Help Prosecute Gangs and Other Violent Criminals - Amends the Travel Act to add witness bribery, intimidation, obstruction of justice, and related conduct in State criminal proceedings to the list of predicates under such Act.
(Sec. 3002) Expands pretrial detention eligibility for serious gang and other violent criminals by amending the Bail Reform Act to: (1) define "convicted" to include finding that a person has committed an act of juvenile delinquency and "crime of violence" to include an offense that is a violation of provisions relating to possession of explosives or firearms by convicted felons and other categories of prohibited persons; and (2) make membership or participation in a criminal street gang, racketeering enterprise, or other criminal organization a factor to be considered by courts in making bail determinations.
(Sec. 3003) Subjects persons who engage in a conspiracy to tamper with or retaliate against a witness, victim, or informant to the penalties prescribed for the offense that was the object of the conspiracy.
Title IV: Protecting Victims' Rights - Amends Federal criminal code (code) provisions regarding juvenile records to allow disclosure of: (1) communications with any victim of juvenile delinquency or, as appropriate, with the official representative of the victim; and (2) necessary docketing information.
Directs that fingerprints and photographs of adjudicated delinquents found to have committed the equivalent of an adult felony offense or possession of a handgun be sent to the Federal Bureau of Investigation and made available in the manner applicable to adult defendants.
Authorizes further disclosure of records relating to a juvenile or delinquency proceeding if it would be permitted under the law of the State in which the delinquency proceeding took place.
(Sec. 4002) Extends authorizations of appropriations for regional and local children's advocacy centers and for specialized technical assistance and training programs under the Victims of Child Abuse Act.
Title V: Federal Prosecution of Serious and Violent Juvenile Offenders - Enhanced Prosecution of Dangerous Juvenile Offenders Act of 1997 - Revises Federal criminal code provisions regarding delinquency proceedings and criminal prosecutions in district courts to authorize a juvenile to be prosecuted as an adult if specified conditions are met, such as if the juvenile is alleged to have committed an act on or after the day the juvenile attains age 16 which, if committed by an adult, would be a felony crime of violence or a specified drug or other offense. Requires the approval of the Attorney General to prosecute a juvenile between the ages of 13 and 16. (Under current law, the decision to charge a juvenile as an adult for specified crimes is a result of a motion by the United States to transfer the juvenile for criminal prosecution, and the offenses subject to this transfer authority are limited.)
Authorizes: (1) the prosecution of a juvenile as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, including for lesser included offenses; and (2) the court to order the transfer of a defendant to juvenile status under specified circumstances.
Limits the applicability of statutory minimum sentences in certain prosecutions of persons under age 16.
(Sec. 5003) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate).
(Sec. 5005) Requires juvenile delinquency proceedings for a juvenile in detention to begin within 45 (currently, 30) days after the beginning of such detention.
(Sec. 5006) Modifies sentencing options under the code to make available increased detention, fines, and supervised release for adjudicated delinquents. Makes mandatory restitution applicable to adjudicated delinquents. Increases, for an adjudicated delinquent, the maximum period of: (1) probation to the same period applicable to an adult; and (2) official detention to the lesser of the maximum term of imprisonment authorized if the juvenile had been tried and convicted as an adult, ten years, or the date the juvenile becomes 26 years old.
Title VI: Incarceration of Juveniles in the Federal System - Amends code provisions regarding juvenile detention to require that juveniles being prosecuted as adults be detained prior to sentencing: (1) in such suitable place as the Attorney General may designate, with preference given to a place located within, or a reasonable distance of, the district in which the juvenile is being prosecuted, if the juvenile is 16 years of age or older; and (2) in such an available, suitable juvenile facility, in any other such facility, or if no such facility is available, in any other suitable place as the Attorney General may designate if the juvenile is under age 16. (Current law does not distinguish between juveniles under or over age 16 and requires detention prior to disposition in a foster home or community based facility located in or near the juvenile's home community.)
Expands current protections for juveniles detained prior to disposition to cover detention prior to sentencing and to include provision for reasonable safety and security.
(Sec. 6002) Amends code provisions regarding commitment to: (1) prohibit the Attorney General from causing any person under age 18 adjudicated delinquent, or under age 16 convicted of an offense, to be placed or retained in an adult jail or correctional facility in which the person has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges, except for placement in a community-based facility (current law bars such contact with respect to any juvenile and does not contain such exception); and (2) provide for reasonable safety and security for every juvenile adjudicated delinquent.
Title VII: Office of Juvenile Crime Control and Prevention - Juvenile Crime Control and Prevention State and Local Assistance Act of 1997 - Subtitle A: Creation of the Office of Juvenile Crime Control and Prevention -Amends the Safe Streets Act to establish within the Department of Justice the Office of Juvenile Crime Control and Prevention (replacing the Office of Juvenile Justice and Delinquency Prevention) which shall establish and administer policies and programs to address: (1) the reduction control, and prosecution of juvenile crime; (2) the juvenile justice system; (3) youth violence; and (4) other purposes consistent with this Act.
Authorizes the Attorney General to establish a Coordinating Council on Juvenile Crime Control and Prevention to: (1) ensure coordination and cooperation among Federal agencies with jurisdiction over juvenile and youth programs; (2) ensure that juvenile crime prevention programs are complementary and not duplicative; and (3) offer program and policy advice to the President and executive agencies.
Sets forth provisions regarding: (1) withholding grant funds for non-compliance with this title; (2) confidentiality of program records; (3) restrictions on the use of funds; and (4) continuation of rules and authorities of the Office of Juvenile Justice and Delinquency Prevention and of proceedings commenced by or against the Government before the enactment of this title. Authorizes appropriations.
Subtitle B: Juvenile Crime Assistance - Authorizes the Director of the Office to: (1) award grants to assist States in planning, establishing, operating, coordinating, and evaluating projects for development and implementation of policies, initiatives, and programs designed to reduce, control, and prevent juvenile crime and violence and improve the juvenile justice system; (2) award grants and enter into cooperative agreements and contracts with Indian tribal governments and other public and private agencies to assist Indian tribal governments in planning, establishing, operating, coordinating, and evaluating projects directly for the development and implementation of policies, initiatives, and programs designed to reduce, control, and prevent juvenile crime, to assist Indian juveniles who have had contact with, or are at risk of having contact with, the juvenile justice system, and to improve the juvenile justice system; (3) award grants to States, for use by local governments, Indian tribes, and locally based public and private agencies and organizations, to develop, implement, and operate school and community-based programs for the reduction and prevention of truancy, school violence, and juvenile crime; and (4) make grants to States, local governments, Indian tribal governments, public and private agencies, organizations, and individuals for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile crime.
Authorizes the Director to make incentive grants to States that have or, within a year, will have: (1) implemented a system of accountability-based graduated sanctions applicable to juveniles within the juvenile justice system designed to hold such juveniles accountable for their actions and to protect local communities from the effects of juvenile crime by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent; and (2) designed a system for juvenile delinquency history record information collection, storage, and dissemination that will ensure that such records will be available for such purposes as provided by State or tribal law. Requires grant funds to be used for: (1) implementation and design of such systems; (2) programs designed to prevent or intervene in the unlawful possession, distribution, or sale of firearms by or to juveniles; (3) collection and dissemination of information regarding juvenile crime; (4) programs that enhance tracking, intervening with, and controlling serious, violent, and chronic juvenile offenders; (5) comprehensive program services in juvenile detention and correctional facilities; and (6) programs that address efforts to prevent and reduce disproportionate confinement of minority juveniles.
Sets forth provisions regarding application requirements, uses of grant funds, the Federal share, training and technical assistance, research, statistics, and evaluation, and recordkeeping requirements. Authorizes appropriations.
(Sec. 7206) Youth Violence Reduction Research Act of 1997 - Authorizes the Director to: (1) transfer funds to and enter into agreements with the National Institute of Justice and the Bureau of Justice Statistics to conduct research or evaluation and statistical work, respectively, in juvenile justice matters; and (2) plan and identify the purposes and goals of all grants, contracts, or agreements to be supported under this section. Authorizes appropriations.
(Sec. 7207) Authorizes the Director to: (1) develop and implement programs and initiatives to educate, provide technical assistance, and award grants and contracts with respect to programs and practices consistent with the goals and purposes of this Act; and (2) review reports and data relating to juvenile justice in the United States and internationally and award grants to disseminate such information. Authorizes appropriations.
Subtitle C: Missing and Exploited Children - Extends the authorization of appropriations under the Missing Children's Assistance Act. Directs that ten percent of appropriated funds be set aside for research, statistics, and evaluation, and two percent be set aside for training.