I

103D CONGRESS

2D SESSION H. R. 4491

To amend the Juvenile Justice and Delinquency Prevention Act of 1974

to identify hardcore juvenile offenders and treat them as adults.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1994

Mr. CANADY (for himself, Mr. PETE GEREN of Texas, Mr. FROST, Mr. TAUZIN, Mr. HAYES, Mr. SISISKY, Mrs. THURMAN, Mr. TALENT, Mr. DORNAN, Mr. STUMP, Mr. BAKER of California, Mr. LINDER, Mr. DELAY,

Mr. OXLEY, Mr. LEVY, Mr. SANTORUM, Mr. POMBO, Mrs. FOWLER, Mr.

LEWIS of California, Mr. MCCOLLUM, Mr. SPENCE, Mr. GOSS, Mr.

KLUG, Mr. WALKER, Mr. RAMSTAD, Mr. HUTCHINSON, Mr. SCHAEFER,

Mr. LIVINGSTON, Mr. SMITH of Texas, Mr. HOEKSTRA, Mr. BILIRAKIS,

Mr. INGLIS of South Carolina, Mr. KING, Mr. SAXTON, Mr. EWING, and

Mr. MICA) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Juvenile Justice and Delinquency Prevention

Act of 1974 to identify hardcore juvenile offenders and

treat them as adults.

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 ‘‘Juvenile Criminal Act

5 of 1994’’.
2

•HR 4491 IH

1 SEC. 2. FINDINGS OF ACT.

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 the following before the semicolon:

5 ‘‘and on identifying hardcore youths who should be trans6 ferred from the juvenile justice system to the adult crimi7 nal justice system’’.

8 SEC. 3. PURPOSE OF ACT.

9 Section 102(a) of the Juvenile Justice and Delin10 quency Prevention Act of 1974 (42 U.S.C. 5602(a)) is

11 amended—

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

13 (10);

14 (2) by striking the period at the end of para15 graph (11) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following:

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

18 improving the identification of hardcore juvenile of19 fenders and the removal of such offenders from the

20 juvenile justice system.’’.

21 SEC. 4. REQUIREMENTS FOR STATE PLAN.

22 Section 223(a)(10) of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(10))

24 is amended—

25 (1) by striking ‘‘and’’ at the end of subpara26 graph (N);
3

•HR 4491 IH

1 (2) by striking the period at the end of sub2 paragraph (O) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(P) establishment and maintenance of an

5 effective system that requires the prosecution of

6 at least those juveniles who are 14 years of age

7 and older as adults, rather than in juvenile pro8 ceedings, for conduct constituting—

9 ‘‘(i) murder or attempted murder;

10 ‘‘(ii) robbery while armed with a fire11 arm;

12 ‘‘(iii) battery while armed with a fire13 arm;

14 ‘‘(iv) rape while armed with a firearm;

15 ‘‘(v) any other crime the State deter16 mines appropriate; and

17 ‘‘(vi) the fourth or subsequent occa18 sion on which such juveniles engage in an

19 activity for which adults could be impris20 oned for a term exceeding 1 year;

21 unless, on a case-by-case basis, the transfer of

22 such juveniles for disposition in the juvenile jus23 tice system is determined under State law to be

24 in the interest of justice;’’.
4

•HR 4491 IH

1 SEC. 5. RECORDKEEPING REGARDING JUVENILES.

2 Section 223(a) of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is

4 amended—

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

6 (24);

7 (2) by striking the period at the end of para8 graph (25) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(26) provide that the State will ensure that

11 whenever a juvenile is adjudicated in a juvenile pro12 ceeding to have engaged in the conduct constituting

13 an offense described in paragraph (10)(P) that—

14 ‘‘(A) a record is kept relating to that adju15 dication which is—

16 ‘‘(i) equivalent to the record that

17 would be kept of an adult conviction for

18 that offense;

19 ‘‘(ii) retained for a period of time that

20 is equal to the period of time records are

21 kept for adult convictions; and

22 ‘‘(iii) made available to law enforce23 ment officials to the same extent that a

24 record of an adult conviction would be

25 made available;
5

•HR 4491 IH

1 ‘‘(B) the juvenile is fingerprinted and pho2 tographed, and the fingerprints and photograph

3 are sent to the Federal Bureau of Investigation;

4 and

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

6 takes place transmits to the Federal Bureau of

7 Investigation the information concerning the

8 adjudication, including the name and birth date

9 of the juvenile, date of adjudication, and dis10 position.’’.

11 SEC. 6. FINANCIAL INCENTIVE.

12 Section 223(c)(3) of the Juvenile Justice and Delin13 quency Prevention Act of 1974 (42 U.S.C. 5633(c)(3)) is

14 amended—

15 (1) by striking ‘‘the requirements of subsection

16 (a), (12)(A), (13), (14), or (23)’’ and inserting ‘‘any

17 requirement of paragraph (10)(P), (12)(A), (13),

18 (14), (23), or (26) of subsection (a)’’; and

19 (2) in subparagraph (A) by striking ‘‘25 percent’’ and inserting ‘‘162 20 ⁄3 percent’’.

21 SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

22 (a) EFFECTIVE DATE.—Except as provided in sub23 section (b), this Act and the amendments made by this

24 Act shall take effect on the date of the enactment of this

25 Act.
6

•HR 4491 IH

1 (b) APPLICATION OF AMENDMENTS.—(1) The

2 amendments made by this Act shall not apply with respect

3 to fiscal years beginning before January 1, 1995.

4 (2) The amendments made by sections 3, 4, and 5

5 shall not apply with respect to a State before the first fis6 cal year that begins after the end of the first regular ses7 sion of the State legislature following the date of the en8 actment of this Act.

Æ