Summary: S.2543 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for S.2543. Bill summaries are authored by CRS.

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Introduced in Senate (05/19/1982)

Crime Control Act of 1982 - Title I: Organized Crime Enforcement - Amends the Federal criminal code to establish penalties for any person who 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 any person who 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.

Title II: Bail Reform - Amends the Controlled Substances Act of 1970 to require a judicial officer, in setting conditions of pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person.

Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice.

Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense.

Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors.

Requires that the case of a person who is denied release be placed on an expedited calendar.

Title III: Sentencing - Authorizes a court to impose additional penalties where a crime is carried out by use of, or threatened use of, violence, or a dangerous weapon or destructive device. Increases penalties for persons in possession of large amounts of marihuana.

Title IV: Habeas Corpus Reform - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners.

Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence.

Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners.

Prohibits the Federal evidentiary hearing from being conducted where State court records contain factual findings, unless the petitioner establishes the existence of at least one of six enumerated circumstances. (Currently, the State findings are presumed to be correct unless petitioner establishes existence of a circumstance.) Eliminates from such circumstances that the applicant: (1) did not receive a full, fair, and adequate hearing; or (2) was otherwise denied due process.