I

104TH CONGRESS

2D SESSION H. R. 3494

To amend the Juvenile Justice and Delinquency Prevention Act of 1974

to identify violent and hard-core juvenile offenders and treat them as

adults, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1996

Mr. CANADY of Florida (for himself, Mr. WELDON of Florida, and Mr.

HUTCHINSON) introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities, and in addition

to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Juvenile Justice and Delinquency Prevention

Act of 1974 to identify violent and hard-core juvenile

offenders and treat them as adults, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent and Hard-Core

5 Juvenile Offender Reform Act of 1996’’.
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1 SEC. 2. FINDINGS.

2 Section 101(a)(11) of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5601(a)(11))

4 is amended by inserting before the semicolon the following:

5 ‘‘and on identifying violent and hard-core juvenile offend6 ers who should be prosecuted in the adult criminal justice

7 system as adults and not as juveniles’’.

8 SEC. 3. AMENDMENTS TO JUVENILE JUSTICE AND DELIN9 QUENCY PREVENTION ACT OF 1974.

10 (a) PURPOSE.—Section 102(a) of the Juvenile Jus11 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

12 5602(a)) is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (10);

15 (2) by striking the period at the end of para16 graph (11) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following new

18 paragraph:

19 ‘‘(12) to assist State and local governments in

20 protecting public safety by identifying violent and

21 hard-core juvenile offenders and transferring such

22 offenders out of the jurisdiction of the juvenile jus23 tice system and into the jurisdiction of adult crimi24 nal court.’’.

25 (b) SERIOUS HABITUAL OFFENDER DEFINED.—Sec26 tion 103 of such Act (42 U.S.C. 5603) is amended—
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1 (1) in paragraph (22), by striking ‘‘and’’ at the

2 end of clause (iii);

3 (2) by striking the period at the end of para4 graph (23) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new

6 paragraph:

7 ‘‘(24) the term ‘serious habitual offender’

8 means a juvenile who meets one or more of the fol9 lowing criteria:

10 ‘‘(A) Arrest for a capital, life, or first de11 gree aggravated sexual offense.

12 ‘‘(B) Not less than 5 arrests, with 3 ar13 rests chargeable as felonies and at least 3 ar14 rests occurring within the preceding 12 months.

15 ‘‘(C) Not less than 10 arrests, with 2 ar16 rests chargeable as felonies and at least 3 ar17 rests occurring within the preceding 12 months.

18 ‘‘(D) At least 1 arrest for conduct involv19 ing 3 or more burglaries, robberies, or sexual

20 assaults within the preceding 12 months.

21 ‘‘(E) Not less than 10 arrests, with 8 or

22 more arrests for misdemeanor crimes involving

23 theft, assault, battery, narcotics, controlled sub24 stance abuse, or possession of weapons, and at
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1 least 3 arrests occurring within the preceding

2 12 months.’’.

3 (c) REQUIREMENTS FOR STATE PLAN.—Section 223

4 of such Act (42 U.S.C. 5633) is amended—

5 (1) in subsection (a)—

6 (A) in paragraph (10)—

7 (i) by redesignating subparagraphs

8 (D) through (O) as subparagraphs (E)

9 through (P), respectively; and

10 (ii) by inserting after subparagraph

11 (C) the following new subparagraph:

12 ‘‘(D) the establishment of serious habitual

13 offender comprehensive action programs con14 sistent with subsection (b);’’;

15 (B) by redesignating paragraphs (24) and

16 (25) as paragraphs (28) and (29), respectively;

17 and

18 (C) by inserting after paragraph (23) the

19 following new paragraphs:

20 ‘‘(24) provide for the establishment and mainte21 nance of an effective juvenile justice system that re22 quires the prosecution of juveniles 14 years of age

23 and older as adults in criminal court, rather than in

24 juvenile delinquency proceedings, for conduct con25 stituting—
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1 ‘‘(A) murder or attempted murder;

2 ‘‘(B) robbery while armed with a dan3 gerous or deadly weapon;

4 ‘‘(C) battery or assault while armed with a

5 dangerous or deadly weapon;

6 ‘‘(D) forcible rape;

7 ‘‘(E) any serious drug offense which, if

8 committed by an adult subject to Federal juris9 diction, would be punishable under section

10 401(b)(1)(A) or 408 of the Controlled Sub11 stances Act (21 U.S.C. 841(b)(1)(A), 848) or

12 section 1010(b)(1)(A) of the Controlled Sub13 stances Import and Export Act (21 U.S.C.

14 960(b)(1)(A));

15 ‘‘(F) any other crime the State determines

16 appropriate; and

17 ‘‘(G) the third or subsequent occasion, un18 related to any previous occasion, on which such

19 juveniles engage in conduct for which adults

20 could be imprisoned for a term exceeding 1

21 year; unless, on a case-by-case basis—

22 ‘‘(i) a court determines that trying

23 such a juvenile as an adult is not in the in24 terest of justice under State law;
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1 ‘‘(ii) such court records its reasons for

2 making such a determination in writing

3 and makes such record available for in4 spection by the public at large; and

5 ‘‘(iii) the court makes a record in

6 writing of the disposition of the juvenile in

7 the juvenile justice system available to the

8 public to the same extent that records of

9 adult criminal proceedings are open to the

10 public, notwithstanding any other law re11 quiring such information to be withheld or

12 limited in any way from access by the pub13 lic;

14 ‘‘(25) provide that a State will ensure that

15 whenever a juvenile, under 14 years of age, is adju16 dicated in a juvenile proceeding to have engaged in

17 conduct constituting an offense described in para18 graph (24)—

19 ‘‘(A) a record is kept relating to the adju20 dication that is—

21 ‘‘(i) equivalent to the record that

22 would be kept of an adult conviction for

23 that offense;
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1 ‘‘(ii) retained for a period of time that

2 is equal to the period of time records are

3 kept for adult convictions;

4 ‘‘(iii) made available to law enforce5 ment agencies of any jurisdiction;

6 ‘‘(iv) made available to officials of a

7 school, school district, or postsecondary

8 school where the individual who is the sub9 ject of the juvenile record seeks, intends,

10 or is instructed to enroll, and that such of11 ficials are held liable to the same stand12 ards and penalties that law enforcement

13 and juvenile justice system employees are

14 held liable to, under Federal and State law

15 for handling and disclosing such informa16 tion; and

17 ‘‘(v) made available, once the juvenile

18 becomes an adult or is tried as an adult,

19 to any court having criminal jurisdiction

20 over such an individual for the purpose of

21 allowing such court to consider the individ22 ual’s prior juvenile history as a relevant

23 factor in determining appropriate punish24 ment for the individual at sentencing;
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1 ‘‘(B) the juvenile is fingerprinted and pho2 tographed, and the fingerprints and photograph

3 are sent to the Federal Bureau of Investigation,

4 Identification Division for collection pursuant to

5 section 534 of title 28, United States Code; and

6 ‘‘(C) the court in which the adjudication

7 takes place will transmit to the Federal Bureau

8 of Investigation, Identification Division for col9 lection pursuant to section 534 of title 28,

10 United States Code, the information concerning

11 the adjudication, including the name, date of

12 adjudication, court, offenses, and disposition,

13 along with a prominent notation that the mat14 ter concerns a juvenile adjudication;

15 ‘‘(26) provide that whenever a juvenile, age 14

16 and older, is adjudicated delinquent, as defined by

17 Federal or State law in a juvenile delinquency pro18 ceeding for conduct which if committed by an adult

19 would constitute a felony under Federal or State

20 law, the State will ensure that—

21 ‘‘(A) a record is kept relating to the adju22 dication that is—

23 ‘‘(i) equivalent to the record that

24 would be kept of an adult conviction for

25 such an offense;
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1 ‘‘(ii) retained for a period of time that

2 is equal to the period of time records are

3 kept for adult convictions;

4 ‘‘(iii) made available to law enforce5 ment agencies of any jurisdiction;

6 ‘‘(iv) made available to officials of a

7 school, school district, or postsecondary

8 school where the individual who is the sub9 ject of the juvenile record seeks, intends,

10 or is instructed to enroll, and that such of11 ficials are held liable to the same stand12 ards and penalties that law enforcement

13 and juvenile justice system employees are

14 held liable to, under Federal and State law

15 for handling and disclosing such informa16 tion; and

17 ‘‘(v) made available, once the juvenile

18 becomes an adult or is tried as an adult,

19 to any circuit court having criminal juris20 diction over such an individual for the pur21 pose of allowing such court to consider the

22 individual’s prior juvenile history as a rel23 evant factor in determining appropriate

24 punishment for the individual at the sen25 tencing hearing;
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1 ‘‘(B) the juvenile is fingerprinted and pho2 tographed, and the fingerprints and photograph

3 are sent to the Federal Bureau of Investigation,

4 Identification Division and are otherwise made

5 available to the same extent that fingerprints

6 and photographs of adults are made available;

7 and

8 ‘‘(C) the court in which the adjudication

9 takes place transmits to the Federal Bureau of

10 Investigation, Identification Division, informa11 tion concerning the adjudication, including the

12 name, date of adjudication, court, offenses, and

13 disposition, along with a prominent notation

14 that the matter concerns a juvenile adjudica15 tion;

16 ‘‘(27) provide that the State will ensure that if

17 any juvenile has been adjudicated to be delinquent

18 on 2 or more separate occasions based on conduct

19 that would be a felony if committed by an adult the

20 record of the second and all subsequent adjudica21 tions is kept as described in paragraph (26) and

22 made available to the public to the same extent that

23 a record of an adult conviction is open to the pub24 lic;’’;
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1 (2) in subsection (c)(3), by striking ‘‘the re2 quirements of subsection (a) (12)(A), (13), (14), or

3 (23) in any fiscal year beginning after January 1,

4 1993’’ and inserting ‘‘any requirement of paragraph

5 (12)(A), (13), (14), (23), (24), (25), (26), or (27)

6 of subsection (a) in any fiscal year beginning after

7 January 1, 1997’’; and

8 (3) by redesignating subsections (b), (c), and

9 (d) as subsections (c), (d), and (e); and

10 (4) by adding the following new subsection:

11 ‘‘(b) SERIOUS HABITUAL OFFENDER COMPREHEN12 SIVE ACTION PROGRAM.—

13 ‘‘(1) IN GENERAL.—Serious habitual offender

14 comprehensive action programs referred to in sub15 section (a)(10)(D) (referred to in this subsection as

16 ‘programs’) shall be multidisciplinary interagency

17 case management and information sharing systems,

18 meeting the requirements of this subsection, that en19 able the juvenile and criminal justice system,

20 schools, and social service agencies to make more in21 formed decisions regarding early identification, con22 trol, supervision, and treatment of juveniles who re23 peatedly commit serious delinquent or criminal acts.

24 ‘‘(2) MULTIDISCIPLINARY AGENCIES.—Under

25 such programs, units of local government in a State
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1 shall establish a multidisciplinary agency comprised

2 of representatives from—

3 ‘‘(A) law enforcement organizations;

4 ‘‘(B) school districts;

5 ‘‘(C) State’s attorneys offices;

6 ‘‘(D) court services;

7 ‘‘(E) State and county children and family

8 services; and

9 ‘‘(F) any additional organizations, groups,

10 or agencies deemed appropriate to accomplish

11 the purposes described in paragraph (1), includ12 ing—

13 ‘‘(i) juvenile detention centers;

14 ‘‘(ii) mental and medical health agen15 cies; and

16 ‘‘(iii) the community at large.

17 ‘‘(3) IDENTIFICATION OF SERIOUS HABITUAL

18 OFFENDERS.—Each multidisciplinary agency estab19 lished under paragraph (2) shall adopt, by a major20 ity of its members, criteria to identify individuals

21 who are serious habitual offenders as defined in sec22 tion 103(24).

23 ‘‘(4) INTERAGENCY INFORMATION SHARING

24 AGREEMENT.—
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1 ‘‘(A) IN GENERAL.—Each multidisciplinary

2 agency established under paragraph (2) shall

3 adopt, by a majority of its members, an inter4 agency information sharing agreement to be

5 signed by the chief executive officer of each or6 ganization and agency represented in the multi7 disciplinary agency.

8 ‘‘(B) DISCLOSURE OF INFORMATION.—The

9 interagency information sharing agreement

10 shall require that—

11 ‘‘(i) all records pertaining to serious

12 habitual offenders shall be kept confiden13 tial to the extent required by State law;

14 ‘‘(ii) information in the records may

15 be made available to other staff from mem16 ber organizations and agencies as author17 ized by the multidisciplinary agency for the

18 purposes of promoting case management,

19 community supervision, conduct control,

20 and tracking of the serious habitual of21 fender for the application and coordination

22 of appropriate services; and

23 ‘‘(iii) access to the information in the

24 records shall be limited to individuals who

25 provide direct services to the serious habit-
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1 ual offender or who provide community

2 conduct control and supervision to the seri3 ous habitual offender.’’.

4 SEC. 4. JUVENILE ADJUDICATIONS CONSIDERED IN SEN5 TENCING.

6 Pursuant to section 994 of title 28, United States

7 Code, the United States Sentencing Commission shall pro8 mulgate guidelines or amend existing guidelines to provide

9 that offenses contained in the juvenile record of an adult

10 defendant shall be considered as adult offenses in sentenc11 ing determinations if such juvenile offenses would have

12 constituted a felony had they been committed by the de13 fendant as an adult.

14 SEC. 5. ACCESS TO JUVENILE RECORDS.

15 Section 5038(a) of title 18, United States Code, is

16 amended—

17 (1) in paragraph (5), by striking ‘‘and’’ at the

18 end;

19 (2) in paragraph (6), by striking the period and

20 inserting ‘‘; and’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(7) inquiries from officials of a school, school

24 district, or any postsecondary school where the indi-
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1 vidual who is the subject of the juvenile record

2 seeks, intends, or is instructed or ordered to enroll.’’.

3 SEC. 6. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

4 Paragraph (3) of section 615(e) of the Individuals

5 with Disabilities Education Act (20 U.S.C. 1415(e)(3)) is

6 amended—

7 (1) by striking ‘‘(A) Except as provided in sub8 paragraph (B)’’ and inserting ‘‘(A) Except as pro9 vided in subparagraphs (B) and (C)’’; and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(C) This paragraph shall not apply to a

13 child with a disability who commits a criminal

14 act, on the property of a school under the juris15 diction of the State or local educational agency,

16 which would be considered a crime if committed

17 by an adult and such act subsequently becomes

18 the basis for a juvenile adjudication or criminal

19 proceeding involving the child.’’.

20 SEC. 7. LIMITED DISCLOSURE OF FEDERAL BUREAU OF IN21 VESTIGATION RECORDS.

22 Section 534(e) of title 28, United States Code, is

23 amended—

24 (1) by redesignating paragraph (3) as para25 graph (4); and
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1 (2) by inserting after paragraph (2) the follow2 ing new paragraph:

3 ‘‘(3) The Director of the Federal Bureau of Inves4 tigation, Identification Division shall provide, upon re5 quest, the information received under the provisions of

6 paragraph (25) of section 223(a) of the Juvenile Justice

7 Delinquency and Prevention Act of 1974, to officials of

8 a school, school district, or postsecondary school where the

9 individual who is the subject of such information seeks,

10 intends, or is instructed or ordered to enroll.’’.

11 SEC. 8. AMENDMENTS TO FEDERAL JUVENILE DELIN12 QUENCY ACT.

13 (a) PROSECUTION OF JUVENILES AS ADULTS.—Sec14 tion 5032 of title 18, United States Code, is amended by

15 inserting before the first undesignated paragraph the fol16 lowing:

17 ‘‘Notwithstanding any other provision of law,

18 juvenile defendants 14 years of age or older shall be

19 prosecuted as adults, and this chapter shall not

20 apply, if such juveniles are charged with an offense

21 that constitutes—

22 ‘‘(A) murder or attempted murder;

23 ‘‘(B) robbery while armed with a dan24 gerous or deadly weapon;
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1 ‘‘(C) battery or assault while armed with a

2 dangerous or deadly weapon;

3 ‘‘(D) forcible rape;

4 ‘‘(E) any serious drug offense which, if

5 committed by an adult, would be punishable

6 under section 401(b)(1)(A) or 408 of the Con7 trolled Substances Act (21 U.S.C.

8 841(b)(1)(A), 848) or section 1010(b)(1)(A) of

9 the Controlled Substances Import and Export

10 Act (21 U.S.C. 960(b)(1)(A));

11 ‘‘(F) the third or subsequent occasion, un12 related to any previous occasion, on which such

13 juveniles engage in conduct for which adults

14 could be imprisoned for a term exceeding 1

15 year, unless, on a case-by-case basis—

16 ‘‘(i) a court determines that trying

17 such a juvenile as an adult is not in the in18 terest of justice;

19 ‘‘(ii) such court records its reasons for

20 making such a determination in writing

21 and makes such record available for in22 spection by the public at large; and

23 ‘‘(iii) the court makes a record in

24 writing of the disposition of the juvenile in

25 the juvenile justice system available to the
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1 public, notwithstanding any other law re2 quiring such information to be withheld or

3 limited in any way from access by the pub4 lic.’’.

5 (b) AMENDMENTS CONCERNING RECORDS.—Section

6 5038 of title 18, United States Code, is amended—

7 (1) by striking subsections (d) and (f);

8 (2) by redesignating subsection (e) as sub9 section (d); and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(e)(1) Whenever—

13 ‘‘(A) a juvenile under 14 years of age has been

14 found guilty of committing an act which if commit15 ted by an adult would be an offense described in the

16 first undesignated paragraph of section 5032; or

17 ‘‘(B) a juvenile, age 14 and older, is adju18 dicated delinquent in a juvenile delinquency proceed19 ing for conduct which if committed by an adult

20 would constitute a felony,

21 the court shall comply with the requirements of paragraph

22 (2).

23 ‘‘(2) The requirements referred to in paragraph (1)

24 are that—
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1 ‘‘(A) a record shall be kept relating to the adju2 dication that is—

3 ‘‘(i) equivalent to the record that would be

4 kept of an adult conviction for such an offense;

5 ‘‘(ii) retained for a period of time that is

6 equal to the period of time records are kept for

7 adult convictions;

8 ‘‘(iii) made available to law enforcement

9 agencies of any jurisdiction;

10 ‘‘(iv) made available to officials of a school,

11 school district, or postsecondary school where

12 the individual who is the subject of the juvenile

13 record seeks, intends, or is instructed to enroll,

14 and that such officials are held liable to the

15 same standards and penalties that law enforce16 ment and juvenile justice system employees are

17 held liable to, under Federal and State law for

18 handling and disclosing such information; and

19 ‘‘(v) made available, once the juvenile be20 comes an adult or is tried as an adult, to any

21 court having criminal jurisdiction over such an

22 individual for the purpose of allowing such

23 court to consider the individual’s prior juvenile

24 history as a relevant factor in determining ap-
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1 propriate punishment for the individual at the

2 sentencing hearing;

3 ‘‘(B) the juvenile shall be fingerprinted and

4 photographed, and the fingerprints and photograph

5 shall be sent to the Federal Bureau of Investigation,

6 Identification Division and shall otherwise be made

7 available to the same extent that fingerprints and

8 photographs of adults are made available; and

9 ‘‘(C) the court in which the adjudication takes

10 place shall transmit to the Federal Bureau of Inves11 tigation, Identification Division, information con12 cerning the adjudication, including the name, date of

13 adjudication, court, offenses, and disposition, along

14 with a prominent notation that the matter concerns

15 a juvenile adjudication;

16 ‘‘(3) If a juvenile has been adjudicated to be delin17 quent on 2 or more separate occasions based on conduct

18 that would be a felony if committed by an adult, the record

19 of the second and all subsequent adjudications shall be

20 kept and made available to the public to the same extent

21 that a record of an adult conviction is open to the public.’’.

22 SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

23 (a) IN GENERAL.—Except as provided in subsection

24 (b), this Act and the amendments made by this Act shall

25 take effect on the date of the enactment of this Act.
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1 (b) EXCEPTIONS.—The amendments made by sub2 sections (b) and (c) of section 3 shall not apply with re3 spect to a State before the first fiscal year that begins

4 after the end of the first regular session of the State legis5 lature following the date of the enactment of this Act.

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