S.1400 - Criminal Code Reform Act93rd Congress (1973-1974)
|Sponsor:||Sen. Hruska, Roman L. [R-NE] (Introduced 03/27/1973)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 03/27/1973 Referred to Senate Committee on Judiciary. (All Actions)|
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Summary: S.1400 — 93rd Congress (1973-1974)All Information (Except Text)
Introduced in Senate (03/27/1973)
Criminal Code Reform Act - Title I: Federal Criminal Code - Part I: General Provisions and Provisions and Principles Chapter I: General Provisions - Sets forth the general purposes of this Act. Classifies felonies into five categories, A through E. Defines the various terms used in this Act.
Chapter 2: Federal Criminal Jurisdiction - Describes the general, special (territorial, maritime, aircraft) and extraterritorial jurisdictions of the United States.
Chapter 3: Culpability - Provides that a person commits an offense under this Act only if: (1) he engages in conduct which is declared to be an offense and (2) he engages in such conduct intentionally, knowingly, recklessly, or negligently.
Chapter 4: Complicity - Declares that a person is guilty of an offense based upon the conduct of another and may be charged and punished as a principal if:
(1) he knowingly aids, abets, counsels, commands, induces, procures, or facilitates its commission or attempted commission; (2) acting with the kind of culpability required for the offense charged, he causes an innocent, incompetent, or irresponsible person to engage in conduct which if performed by the defendant or another would be an offense; or (3) he is co-conspirator and the offense charged was committed in furtherance of the conspiracy and was a necessary or reasonably foreseeable consequence of it.
Establishes standards for the criminal liability of organizations. Stipulates that a person is criminally liable for any conduct which he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct was performed or caused to be performed in his own name or behalf.
Chapter 5: Defenses - Lists and describes the following defenses to prosecution: mistake of fact or law, insanity, intoxication, duress, public duty, protection of persons, protection of property, unlawful entrapment, and official misstatement of law,
Part II: Offenses - Chapter 10: Offenses of General Applicability
Defines the offense of criminal solicitation and provides that criminal solicitation is an offense of the class next below that of the crime solicited. States that it is an affirmative defense that, under the circumstances manifesting a voluntary and complete renunciation of his criminal conduct and intent, the defendant prevented the commission of the crime which he solicited.
Defines the crime of criminal attempt. Establishes the requirements of a proper affirmative defense to such crime. States that criminal attempt is an offense of the same class of the crime attempted, except that to commit a class A felony is a class B felony.
Defines the offense of criminal conspiracy and establishes the requirements of an affirmative defense to such crime. States that criminal conspiracy is an offense of the same class as the highest offense which was an objective of the relationship, except that an attempt to commit a class A felony is a class B felony.
Chapter 11: Offenses Involving National Security
Defines the following crimes: (1) treason; (2) armed rebellion or insurrection; (3) inciting overthrow or destruction of the government; (4) para-military political activities; (5) sabotage; (6) impairing military effectiveness; (7) violating emergency regulations concerning vessels; (8) impairing military effectiveness by false statement; (9) evading military or substitute service; (10) obstructing military recruitment or induction; (11) inciting or aiding mutiny, insubordination, or desertion; (12) aiding escape of a prisoner of war or an enemy alien; (13) espionage; (14) disclosing national defense information; (15) mishandling national defense information; (16) disclosing classified information; (17) unlawfully obtaining classified information; (18) failing to register as a person trained in a foreign espionage system; (19) failing to register as, or acting as, a foreign agent; (20) offenses relating to atomic energy.
Chapter 12: Offenses Involving Foreign Relations and Immigration
States that a person is guilty of an offense if he knowingly: (1) launches a land, air or sea attack from the United States against a nation with which the United States is not at war; (2) organizes or participates in a military expedition assembled in the United States to engage in armed hostilities against a nation with which the United States is not at war; or (3) engages in conduct hostile to a nation with which the United States is not at war within the territory of any foreign nation.
Defines the offenses of unlawful entry into the United States, hindering discovery of an illegal entrant and fraudulent acquisition or improper use of naturalization, evidence of citizenship, or United States passport.
Chapter 13: Offenses Involving Government Operations
Defines the offenses of: (1) obstructing a government function by fraud; (2) obstructing a government function by physical interference; (3) hindering law enforcement; (4) aiding consummation of a crime; (5) bail jumping; (6) escape; (7) providing or possessing contraband in an official detention facility; (8) flight to avoid prosecution or giving testimony; (9) witness bribery; (10) corrupting a witness or an informant; (11) tampering with a witness or an informant; (12) retaliating against a witness or an informant; (13) tampering with physical evidence; (14) communicating with a juror; (15) monitoring jury deliberations; (16) demonstrating to influence a judicial proceeding; (17) criminal contempt; (18) failing to appear, produce information, or to be sworn; (19) refusing to testify; (20) certification for prosecution in which a congressional proceeding is involved; (21) obstructing a proceeding by disorderly conduct; (22) disobeying a judicial order; (23) perjury; (24) false swearing; (25) making a false statement; (26) making a false report; (27) tampering with a government record; (28) bribery; (29) graft; (30) trading in government assistance; (31) trading in special influence; (32) trading in public office; (33) speculating an official action or information; (34) tampering with a public servant; (35) retaliating against a public servant (36) impersonating an official.
Chapter 14: Offenses involving Internal Revenue and Customs
Defines the crimes of tax evasion, smuggling, and other related crimes.
Chapter 15: Offenses Involving Civil Rights, Elections, and Private Communications
Enumerates various civil rights offenses. Makes it a crime to obstruct, impair, or prevent the lawful conduct of an election or to obstruct votes registration for such election. Declares it to be a crime to intercept mail, or wire or an oral communication.
Chapter 16: Offenses Against the Person
Lists specified crimes against the person for the purposes of title 18 of the United States Code including murder, manslaughter, maiming, battery, criminal harassment, kidnapping, rape, aircraft hijacking, and various sexual offenses.
Chapter 17: Offenses AGainst Property
Establishes crimes relating to the conduct of such activities as arson, burglary, robbery, forgery, and economic offenses. Sets forth rules for determining the value of property or services when such a factor is determinative of the grading of an offense.
Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare
Prescribes crimes against the public order in the areas of riots, firearms, drugs, obscenity, and disorderly conduct.
Part III: Sentencing - Chapter 20: General Sentencing Provisions
Provides that the probation service of the court shall make a presentence investigation and shall report the results of the investigation to the court before the imposition of sentence: (1) unless the court otherwise directs for reasons stated in the record; or (2) unless the offense is committed under circumstances requiring imposition of a particular sentence and permitting the court no discretion in the imposition of sentence.
Chapter 21: Probation
Sets forth the authorized terms of probation and conditional discharge for an offender. Enumerates various factors to be considered by the court in determining whether to grant a probation or conditional discharge. States that the conditions of release on probation or conditional discharge shall be such as the court in its discretion deems reasonable and appropriate to assist the offender to lead a law-abiding
Chapter 22: Fines
Establishes maximum limits on fines for specified classes of offenses.
Provides that in addition to considering the nature and circumstances of the offense and the history and characteristics of the defendant, the court, in determining the amount and method of payment of a fine, shall take into account the financial resources of the defendant, the nature of the burden that payment of the fine will impose, and whether imposition of the fine will prevent the defendant from making restitution or reparation to the victim. Chapter 23: Imprisonment
Authorizes specified maximum terms of imprisonment for the various classes of offenses in additon to any automatic contingent terms.
Chapter 24: Death Sentence
Enumerates conditions and crimes which permit the imposition of the sentence of death. Requires a separate sentencing hearing for this purpose.
Title II: Conforming Amendments
Revises appropriate sections of the United States Code for the purpose of providing conformity with the provisions of this Act.
Makes it a Federal crime to misuse emblems, insignias, and names of U.S. departments and agencies.
Establishes offenses with respect to the compensation of Members of Congress and officers of the government in matters affecting the government.
Provides that whoever being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties: (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceedings, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest; shall be guilty of a Class A misdemeanor.
Establishes other specified offenses in the area of conflicts of interests of employees of the United States government.
States that whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be guilty of a violation. Limits the maximum fine for such violation to $500.
Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Bankruptcy - title 11; Banks and Banking - title 12; Commerce and Trade - title 15, (including firearms); Conservation - title 16; Crimes and Criminal Procedure - title 18; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patriotic Societies and Observances -ttitle 36; Veterans' Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Transportation - title 49; War and National Defense - title 50.
Adds new rules to the Federal Rules of Criminal Procedure. Sets forth requirements and procedures for the interception of wire and oral communications. Provides for civil damages to any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Act.
Allows for the granting of an injunction against the executing of a scheme to defraud.
Provides civil remedies against racketeering activities.
Changes the name of the Bureau of Prisons to the Bureau of Corrections.
Establishes a Parole Commission within the Department of Justice which shall be an independent agency having final authority in construing and administering all Federal parole statutes. States that each offender sentenced to a term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum term, at any time, subject to the eligibility regulations of the Commission. Sets forth the criteria for release on parole and the conditions of parole.
Establishes procedures to determine the existence of sanity at the time of the offense, as well as procedures to determine whether or not a person acquitted for reason of insanity ought to be hospitalized. Sets forth conditions of release from a mental institution.
Creates special procedures for initial possession of drugs, allowing a court in its discretion to place such an offender on probation for a period not to exceed one year.
Provides that if the person was not more than twenty-one years old at the time of the offense, he may apply to the court for an order to expunge from all official records, except the non-public records, all recordation relating to his arrest, the institution of criminal proceedings against him, and the results thereof.
Title III: General Provisions
States that if the provisions of any part of this Act or the application of any part of this Act to any person or circumstance are held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected.
States that this Act shall take effect on the first day of the first calendar month beginning two years after the date of approval of the Act.