S.1455 - National Security and Violent Crime Control Act of 198197th Congress (1981-1982)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 07/09/1981)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 09/22/1981 Committee on Judiciary. Referred jointly to the Subcommittee on Juvenile Justice. (All Actions)|
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Summary: S.1455 — 97th Congress (1981-1982)All Information (Except Text)
Introduced in Senate (07/09/1981)
National Security and Violent Crime Control Act of 1981 - Title I: Omnibus Drug Control Amendments - Omnibus Drug Control Amendments - Directs the Attorney General to submit annually to the Congressional judiciary committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers.
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony.
Redefines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally."
Increases the additional penalty imposed for such offense to five to ten years' imprisonment for a first offense (currently, one to ten years) and to ten years to life for a second offense (currently, two to 25 years).
Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years.
Expresses the sense of Congress that the executive branch vigorously prosecute such offenses.
Amends the Federal criminal code to establish penalties for whoever commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value."
Applies the penalties for contract murder to whoever uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law.
Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. Stipulates that this Act does not preempt State law in this area.
Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community.
Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties.
Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses).
Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity.
Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney.
Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation.
Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law.
Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury resulted from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed.
Amends the Bail Reform Act of 1966 to authorize the court, after a due process hearing, to order the detention of a defendant charged with a dangerous or violent offense upon finding that: (1) there is a substantial probability that the defendant committed the offense; and (2) there is clear and convincing evidence that the person is likely to flee or is a danger to another person or the community, and that no release conditions will reasonably assure such person's appearance or the safety of another person or the community.
Permits the court to consider the safety of any other person or the community in determining release conditions.
Adds to those factors to be considered by the judge in making a release or detention determination: (1) the individual's past conduct, illegal drug use, and conviction record; and (2) whether he was on probation, parole, or other release when arrested.
Authorizes a judge to detain for up to ten days a person charged with an offense if it appears that such person: (1) may flee or pose a danger to another person or the community; and (2) is on pretrial release for a Federal or State felony or is on probation, parole, or other release for a Federal, State, or local offense.
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Continuing Criminal Enterprise statute (CCE) to subject to criminal forfeiture all profits and proceeds acquired indirectly or directly from illegal enterprises or from continuing narcotics enterprises. Authorizes the court to direct the forfeiture of other assets of a defendant, to the extent that such proceeds cannot be located or are otherwise beyond Federal jurisdiction. Permits the court to authorize redemption of such assets upon surrender of the original proceeds.
Establishes a mandatory penalty of life imprisonment without possibility of parole for attempting to assassinate the President of the United States.
Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances.
Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws.
Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws.
Directs the Attorney General to provide a complete report on organized crime to Congress within 60 days of enactment.
Amends the Federal Rules of Criminal Procedure to require the consecutive sentencing of any defendant who commits a felony while on pretrial release for another offense and is convicted of such offenses.
Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of the use of foreign havens for proceeds of crimes.
Violent Juvenile Reform Act of 1981 - Amends the juvenile delinquency provisions of the criminal code to permit a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged, if committed by an adult, would be a felony punishable by a maximum penalty of ten years' imprisonment or more, life imprisonment, or death, and there is a special interest warranting Federal prosecution.
Revises the factors to be considered in determining whether the transfer to district court of a juvenile over the age of 16 who has committed a felony punishable by at least ten years' imprisonment is in the interest of justice.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize Federal assistance and training to State and local governments and private nonprofit organizations for programs and projects of proven effectiveness in improving the criminal justice system. Authorizes Federal assistance for national initiative programs of high priority and long-term impact for State and local governments, including corrections standards and accreditation, law enforcement accreditation, emergency enforcement assistance, and the establishment of a National Police Academy. Authorizes appropriations in the amount of $30,000,000 for fiscal year 1982 for such purposes.
Amends the Justice System Improvement Act of 1979 to authorize the National Institute of Justice to conduct applied research in the area of rehabilitation and recidivism and review the impact that longstanding issues of procedure such as the right to a speedy trial have had on crime control.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay.
Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program.
National Narcotics Act of 1981 - Establishes in the executive branch the Office of the Director of National and International Drug Operations and Policy to: (1) develop and enforce Federal Government policy with respect to illegal drugs; (2) coordinate all efforts to halt drug trafficking; (3) supervise and approve budgetary priorities with respect to drugs; and (4) direct the temporary reassignment of Government personnel to implement drug policies.
Title II: Federal Diversion Act - Federal Diversion Act of 1981 - Authorizes the preparation of a diversion program not to exceed 12 months for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior.
Sets forth the admissions procedure to such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial.
Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination.
States that the district planning group established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program.
Authorizes appropriations in the amount of $3,000,000 for each of fiscal years 1982 through 1985 to carry out the provisions of this Act.
Title III: Arson Control - Anti-Arson Act of 1981 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson.
Directs the Committee to report to Congress on the success of its activities within 18 months of enactment.
Terminates the Committee two years from the date of enactment.
Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center.
Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson.
Authorizes appropriations for the Administration for such purpose.
Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson.
Title IV: The Sentencing Reform Act of 1981 - Sentencing Reform Act of 1981 - Establishes as an independent body in the judicial branch the United States Sentencing Commission, consisting of seven voting members and the Attorney General or his designee as a non-voting member, to establish sentencing policies and practices for the Federal criminal justice system.
Directs the Commission to promulgate: (1) sentencing guidelines, including sentencing ranges for categories of offenses and defendants; and (2) general policy statements regarding application of the guidelines.
Requires the Commission to review and promulgate amendments to the guidelines, subject to Congressional disapproval. Directs the Commission to recommend changes in the grading of offenses to Congress within three years of enactment and to report annually to the Judicial Conference of the U.S., Congress, and the President.
Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes; (2) an order of notice to victims of crimes in cases involving fraud or intentionally deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive such penalties, with the exception of imprisonment.
Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission and the need to avoid sentencing disparities among defendants with similar records.
Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately taken into consideration by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Sets forth a presentence procedure for an order of notice or restitution.
Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Prescribes rules regarding factors to be considered in imposing a term of imprisonment. Permits a term of imprisonment to be modified only in certain circumstances. Authorizes the court to include an order limiting the criminal association of organized crime and drug offenders.
Allows the court, in imposing a term of imprisonment in excess of one year, to include as part of such sentence a requirement that the defendant be placed on a term of supervised release after imprisonment.
Prescribes guidelines relative to concurrent and consecutive terms of imprisonment.
Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational defendants. Directs the court, in determining the amount of a fine and the method of payment, to consider the defendant's financial status. Details procedures for the modification or remission of a fine.
Authorizes the imposition of a term of probation, unless such sentence is specifically prohibited, with respect to all but the most serious class of felonies. States permissible terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions of probation. Sets forth provisions relative to the running of a term of probation and revocation of probation.
Permits in a felony or class A misdemeanors case, unless contrary to a plea agreement, a defendant to appeal a sentence greater than the maximum allowed under the Sentencing Commission's guidelines which are found by the sentencing court to be applicable. Permits the Government, with the approval of the Attorney General or his designee, to appeal a sentence less than the applicable minimum.
Authorizes the court of appeals, upon a determination that the sentence is unreasonable, to remand for further sentencing proceedings or (where the defendant has appealed) to remand for imposition of a lesser sentence or impose a lesser sentence, or (where the Government has appealed) to remand for imposition of a greater sentence or impose a greater sentence.