II 

116TH CONGRESS 

2D SESSION S. 4238 

To amend title 18, United States Code, relating to criminal street gangs, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2020 

Mrs. LOEFFLER (for herself, Mrs. BLACKBURN, and Mr. COTTON) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, relating to criminal 

street gangs, 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 ‘‘Cracking Down on 

5 Gangs and Deporting Criminals Act of 2020’’. 

6 SEC. 2. CRIMINAL STREET GANGS. 

7 Section 521 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (b), by striking ‘‘the cir10 cumstances’’ and inserting ‘‘a circumstance’’; 


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1 (2) in subsection (c)— 

2 (A) in paragraph (3), by striking ‘‘and’’ at 

3 the end; 

4 (B) by redesignating paragraph (4) as 

5 paragraph (5); 

6 (C) by inserting after paragraph (3) the 

7 following: 

8 ‘‘(4) an offense under section 1962; and’’; and 

9 (D) in paragraph (5), as so redesignated, 

10 by striking ‘‘or (3)’’ and inserting ‘‘(3), or (4)’’; 

11 (3) in subsection (d)— 

12 (A) by striking paragraphs (1) and (2) and 

13 inserting the following: 

14 ‘‘(1)(A) participates in a criminal street gang 

15 with knowledge that its members engage in or have 

16 engaged in a continuing series of offenses described 

17 in subsection (c); 

18 ‘‘(B) intends to promote or further the felo19 nious activities of the criminal street gang or main20 tain or increase his or her position in the gang; 

21 ‘‘(C) intends to acquire or maintain, directly or 

22 indirectly, through illegal activity by or on behalf of 

23 a criminal street gang, or proceeds derived there24 from any interest in or control of any real or per25 sonal property of any nature, including money; 


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1 ‘‘(D) occupies a position of organizer, super2 visory position, or any other position of management 

3 or leadership with regard to a criminal street gang; 

4 ‘‘(E) intends to cause, encourage, solicit, re5 cruit, or coerce another to become a member or as6 sociate of a criminal street gang, to participate in a 

7 criminal street gang; 

8 ‘‘(F) communicates, directly or indirectly, with 

9 another person any threat of injury or damage to 

10 the person or property of the other person or of any 

11 associate or relative of the other person with the in12 tent to deter such person from assisting a member 

13 or associate of a criminal street gang to withdraw 

14 from such criminal street gang; 

15 ‘‘(G) communicates, directly or indirectly, with 

16 another person any threat of injury or damage to 

17 the person or property of the other person or of any 

18 associate or relative of the other person with the in19 tent to punish or retaliate against such person for 

20 having withdrawn from a criminal street gang; 

21 ‘‘(H) communicates, directly or indirectly, with 

22 another person any threat of injury or damage to 

23 the person or property of the other person or of any 

24 associate or relative of the other person with the in25 tent to punish or retaliate against such person for 


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1 refusing to or encouraging another to refuse to be2 come or obtain the status of a member or associate 

3 of a criminal street gang; 

4 ‘‘(I) communicates, directly or indirectly, with 

5 another person any threat of injury or damage to 

6 the person or property of the other person or of any 

7 associate or relative of the other person with the in8 tent to punish or retaliate against such person for 

9 providing statements or testimony against criminal 

10 street gangs or any criminal street gang member or 

11 associate; or 

12 ‘‘(J) communicates, directly or indirectly, with 

13 another person any threat of injury or damage to 

14 the person or property of the other person or of any 

15 associate or relative of the other person with the in16 tent to intimidate, deter, or prevent such person 

17 from communicating to any law enforcement or cor18 rections officer, prosecuting attorney, or judge infor19 mation relating to criminal street gangs, or criminal 

20 street gang members or associates; and’’; and 

21 (B) by redesignating paragraph (3) as 

22 paragraph (2); and 

23 (4) by adding at the end the following: 

24 ‘‘(e) CRIMINAL STREET GANG DATABASE.— 


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1 ‘‘(1) IN GENERAL.—The Attorney General shall 

2 establish and maintain a national criminal street 

3 gang database to facilitate the exchange of informa4 tion between Federal, State, and local law enforce5 ment agencies, prosecution and corrections agencies, 

6 offices, and departments. 

7 ‘‘(2) REPORTING OF CRIMINAL STREET GANG

8 DATA.—Each State and unit of local government 

9 that receives Federal funds under subpart 1 of part 

10 E of title I of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall 

12 submit to the Attorney General such information re13 lating to criminal street gangs as the Attorney Gen14 eral may require to be included in the criminal street 

15 gang database established under paragraph (1). 

16 ‘‘(f) ALIENS ASSOCIATED WITH CRIMINAL GANGS.— 

17 If the sentence of an alien is enhanced under this section, 

18 or the sentence is eligible for enhancement regardless of 

19 whether such enhancement is actually applied or sought, 

20 the Attorney General shall report such sentence enhance21 ment to the Department of Homeland Security, and the 

22 alien shall be subject to removal in accordance with section 

23 241 of the Immigration and Nationality Act (8 U.S.C. 

24 1231). 


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1 ‘‘(g) REPORTING.—Not later than 1 year after the 

2 date of enactment of the Cracking Down on Gangs and 

3 Deporting Criminals Act of 2020, and each year there4 after, each United States Attorney shall submit to the 

5 Committee on the Judiciary of the Senate and the Com6 mittee on the Judiciary of the House of Representatives 

7 a report detailing the— 

8 ‘‘(1) number of cases for which a sentence en9 hancement was sought under this section; and 

10 ‘‘(2) the actual sentences imposed in the cases 

11 described in paragraph (1).’’. 

Æ 


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