II 

109TH CONGRESS 

1ST SESSION S. 155 

To increase and enhance law enforcement resources committed to investigation 

and prosecution of violent gangs, to deter and punish violent gang crime, 

to protect law-abiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent crimes, to reform 

and facilitate prosecution of juvenile gang members who commit violent 

crimes, to expand and improve gang prevention programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2005 

Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. GRASSLEY, Mr. CORNYN, and 

Mr. KYL) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, 

to deter and punish violent gang crime, to protect lawabiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent 

crimes, to reform and facilitate prosecution of juvenile 

gang members who commit violent crimes, to expand 

and improve gang prevention programs, 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Gang Prevention and Effective Deterrence Act of 2005’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CRIMINAL STREET GANG ABATEMENT ACT 

Sec. 100. Findings. 

SUBTITLE A—CRIMINAL LAW REFORMS AND ENHANCED PENALTIES TO

DETER AND PUNISH ILLEGAL STREET GANG ACTIVITY

Sec. 101. Solicitation or recruitment of persons in criminal street gang activity. 

Sec. 102. Criminal street gangs. 

Sec. 103. Violent crimes in furtherance or in aid of criminal street gangs. 

Sec. 104. Interstate and foreign travel or transportation in aid of criminal street 

gangs. 

Sec. 105. Amendments relating to violent crime in areas of exclusive Federal 

jurisdiction. 

Sec. 106. Increased penalties for use of interstate commerce facilities in the 

commission of murder-for-hire and other felony crimes of violence. 

Sec. 107. Increased penalties for violent crimes in aid of racketeering activity. 

Sec. 108. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

SUBTITLE B—INCREASED FEDERAL RESOURCES TO DETER AND PREVENT

AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS

Sec. 110. Designation of and assistance for ‘‘high intensity’’ interstate gang activity areas. 

Sec. 111. Enhancement of project safe neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 112. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs. 

Sec. 113. Grants to State and local prosecutors to combat violent crime and to 

protect witnesses and victims of crimes. 

Sec. 114. Reauthorize the gang resistance education and training projects program. 

TITLE II—VIOLENT CRIME REFORMS NEEDED TO DETER AND 

PREVENT ILLEGAL GANG CRIME 

Sec. 201. Multiple interstate murder. 

Sec. 202. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 203. Venue in capital cases. 

Sec. 204. Statute of limitations for violent crime. 
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Sec. 205. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 206. Clarification to hearsay exception for forfeiture by wrongdoing. 

Sec. 207. Clarification of venue for retaliation against a witness. 

Sec. 208. Amendment of sentencing guidelines relating to certain gang and violent crimes. 

Sec. 209. Increased penalties for criminal use of firearms in crimes of violence 

and drug trafficking. 

Sec. 210. Possession of firearms by dangerous felons. 

Sec. 211. Conforming amendment. 

TITLE III—JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS 

Sec. 301. Treatment of Federal juvenile offenders. 

Sec. 302. Notification after arrest. 

Sec. 303. Release and detention prior to disposition. 

Sec. 304. Speedy trial. 

Sec. 305. Federal sentencing guidelines. 

1 TITLE I—CRIMINAL STREET 

2 GANG ABATEMENT ACT 

3 SEC. 100. FINDINGS. 

4 Congress finds that— 

5 (1) violent crime and drug trafficking are per6 vasive problems at the national, State, and local 

7 level; 

8 (2) the crime rate is exacerbated by the associa9 tion of persons in gangs to commit acts of violence 

10 and drug offenses; 

11 (3) according to the most recent National Drug 

12 Threat Assessment, criminal street gangs are re13 sponsible for the distribution of much of the cocaine, 

14 methamphetamine, heroin, and other illegal drugs 

15 being distributed in rural and urban communities 

16 throughout the United States; 
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1 (4) gangs commit acts of violence or drug of2 fenses for numerous motives, such as membership in 

3 or loyalty to the gang, for protecting gang territory, 

4 and for profit; 

5 (5) gang presence has a pernicious effect on the 

6 free flow of commerce in local businesses and di7 rectly affects the freedom and security of commu8 nities plagued by gang activity; 

9 (6) gangs often recruit and utilize minors to en10 gage in acts of violence and other serious offenses 

11 out of a belief that the criminal justice systems are 

12 more lenient on juvenile offenders; 

13 (7) gangs often intimidate and threaten wit14 nesses to prevent successful prosecutions; 

15 (8) gang recruitment can be deterred through 

16 increased vigilance, strong criminal penalties, equal 

17 partnerships with State and local law enforcement, 

18 and proactive intervention efforts, particularly tar19 geted at juveniles, prior to gang involvement; 

20 (9) State and local prosecutors, in hearings be21 fore the Committee on the Judiciary of the Senate, 

22 enlisted the help of Congress in the prevention, in23 vestigation, and prosecution of gang crimes and in 

24 the protection of witnesses and victims of gang 

25 crimes; and 
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1 (10) because State and local prosecutors and 

2 law enforcement have the expertise, experience, and 

3 connection to the community that is needed to com4 bat gang violence, consultation and coordination be5 tween Federal, State, and local law enforcement is 

6 critical to the successful prosecutions of criminal 

7 street gangs. 

8 Subtitle A—Criminal Law Reforms 

9 and Enhanced Penalties To 

10 Deter and Punish Illegal Street 

11 Gang Activity 

12 SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN 

13 CRIMINAL STREET GANG ACTIVITY. 

14 Chapter 26 of title 18, United States Code, is amend15 ed by adding at the end the following: 

16 ‘‘§ 522. Recruitment of persons to participate in a 

17 criminal street gang 

18 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 

19 person to recruit, employ, solicit, induce, command, or 

20 cause another person to be or remain as a member of a 

21 criminal street gang, or conspire to do so, with the intent 

22 to cause that person to participate in an offense described 

23 in section 521(a). 

24 ‘‘(b) DEFINITION.—In this section: 
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1 ‘‘(1) CRIMINAL STREET GANG.—The term 

2 ‘criminal street gang’ shall have the same meaning 

3 as in section 521(a) of this title. 

4 ‘‘(2) MINOR.—The term ‘minor’ means a per5 son who is less than 18 years of age. 

6 ‘‘(c) PENALTIES.—Any person who violates sub7 section (a) shall— 

8 ‘‘(1) be imprisoned not more than 5 years, fined 

9 under this title, or both; or 

10 ‘‘(2) if the person recruited, solicited, induced, 

11 commanded, or caused to participate or remain in a 

12 criminal street gang is under the age of 18— 

13 ‘‘(A) be imprisoned for not more than 10 

14 years, fined under this title, or both; and 

15 ‘‘(B) at the discretion of the sentencing 

16 judge, be liable for any costs incurred by the 

17 Federal Government, or by any State or local 

18 government, for housing, maintaining, and 

19 treating the person until the person attains the 

20 age of 18 years.’’. 

21 SEC. 102. CRIMINAL STREET GANGS. 

22 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec23 tion 521 of title 18, United States Code, is amended to 

24 read as follows: 
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1 ‘‘§ 521. Criminal street gang prosecutions 

2 ‘‘(a) DEFINITIONS.—As used in this chapter: 

3 ‘‘(1) CRIMINAL STREET GANG.—The term 

4 ‘criminal street gang’ means a formal or informal 

5 group, club, organization, or association of 3 or 

6 more individuals, who individually, jointly, or in 

7 combination, have committed or attempted to com8 mit for the direct or indirect benefit of, at the direc9 tion of, in furtherance of, or in association with the 

10 group, club organization, or association at least 2 

11 separate acts, each of which is a predicate gang 

12 crime, 1 of which occurs after the date of enactment 

13 of the Gang Prevention and Effective Deterrence 

14 Act of 2004 and the last of which occurs not later 

15 than 10 years (excluding any period of imprison16 ment) after the commission of a prior predicate gang 

17 crime, and 1 predicate gang crime is a crime of vio18 lence or involves manufacturing, importing, distrib19 uting, possessing with intent to distribute, or other20 wise dealing in a controlled substance or listed 

21 chemicals (as those terms are defined in section 102 

22 of the Controlled Substances Act (21 U.S.C. 802)) 

23 provided that the activities of the criminal street 

24 gang affect interstate or foreign commerce, or in25 volve the use of any facility of, or travel in, inter26 state or foreign commerce. 
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1 ‘‘(2) PREDICATE GANG CRIME.—The term 

2 ‘predicate gang crime’ means— 

3 ‘‘(A) any act, threat, conspiracy, or at4 tempted act, which is chargeable under Federal 

5 or State law and punishable by imprisonment 

6 for more than 1 year involving— 

7 ‘‘(i) murder; 

8 ‘‘(ii) manslaughter; 

9 ‘‘(iii) maiming; 

10 ‘‘(iv) assault with a dangerous weap11 on; 

12 ‘‘(v) assault resulting in serious bodily 

13 injury; 

14 ‘‘(vi) gambling; 

15 ‘‘(vii) kidnapping; 

16 ‘‘(viii) robbery; 

17 ‘‘(ix) extortion; 

18 ‘‘(x) arson; 

19 ‘‘(xi) obstruction of justice; 

20 ‘‘(xii) tampering with or retaliating 

21 against a witness, victim, or informant; 

22 ‘‘(xiii) burglary; 

23 ‘‘(xiv) sexual assault (which means 

24 any offense that involves conduct that 

25 would violate chapter 109A if the conduct 
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1 occurred in the special maritime and terri2 torial jurisdiction); 

3 ‘‘(xv) carjacking; or 

4 ‘‘(xvi) manufacturing, importing, dis5 tributing, possessing with intent to dis6 tribute, or otherwise dealing in a controlled 

7 substance or listed chemicals (as those 

8 terms are defined in section 102 of the 

9 Controlled Substances Act (21 U.S.C. 

10 802)); 

11 ‘‘(B) any act punishable by imprisonment 

12 for more than 1 year under— 

13 ‘‘(i) section 844 (relating to explosive 

14 materials); 

15 ‘‘(ii) section 922(g)(1) (where the un16 derlying conviction is a violent felony (as 

17 defined in section 924(e)(2)(B) of this 

18 title) or is a serious drug offense (as de19 fined in section 924(e)(2)(A) of this title)); 

20 ‘‘(iii) subsection (a)(2), (b), (c), (g), 

21 or (h) of section 924 (relating to receipt, 

22 possession, and transfer of firearms); 

23 ‘‘(iv) sections 1028 and 1029 (relating 

24 to fraud and related activity in connection 
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1 with identification documents or access de2 vices); 

3 ‘‘(v) section 1503 (relating to obstruc4 tion of justice); 

5 ‘‘(vi) section 1510 (relating to ob6 struction of criminal investigations); 

7 ‘‘(vii) section 1512 (relating to tam8 pering with a witness, victim, or inform9 ant), or section 1513 (relating to retali10 ating against a witness, victim, or inform11 ant); 

12 ‘‘(viii) section 1708 (relating to theft 

13 of stolen mail matter); 

14 ‘‘(ix) section 1951 (relating to inter15 ference with commerce, robbery or extor16 tion); 

17 ‘‘(x) section 1952 (relating to racket18 eering); 

19 ‘‘(xi) section 1956 (relating to the 

20 laundering of monetary instruments); 

21 ‘‘(xii) section 1957 (relating to engag22 ing in monetary transactions in property 

23 derived from specified unlawful activity); 
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1 ‘‘(xiii) section 1958 (relating to use of 

2 interstate commerce facilities in the com3 mission of murder-for-hire); or 

4 ‘‘(xiv) sections 2312 through 2315 

5 (relating to interstate transportation of 

6 stolen motor vehicles or stolen property); 

7 or 

8 ‘‘(C) any act involving the Immigration 

9 and Nationality Act, section 274 (relating to 

10 bringing in and harboring certain aliens), sec11 tion 277 (relating to aiding or assisting certain 

12 aliens to enter the United States), or section 

13 278 (relating to importation of alien for im14 moral purpose). 

15 ‘‘(3) STATE.—The term ‘State’ means each of 

16 the several States of the United States, the District 

17 of Columbia, and any commonwealth, territory, or 

18 possession of the United States. 

19 ‘‘(b) PARTICIPATION IN CRIMINAL STREET GANGS.— 

20 It shall be unlawful— 

21 ‘‘(1) to commit, or conspire or attempt to com22 mit a predicate crime— 

23 ‘‘(A) in furtherance or in aid of the activi24 ties of a criminal street gang; 
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1 ‘‘(B) for the purpose of gaining entrance 

2 to or maintaining or increasing position in such 

3 a gang; or 

4 ‘‘(C) for the direct or indirect benefit of 

5 the criminal street gang, or in association with 

6 the criminal street gang; or 

7 ‘‘(2) to employ, use, command, counsel, per8 suade, induce, entice, or coerce any individual to 

9 commit, cause to commit, or facilitate the commis10 sion of, a predicate gang crime— 

11 ‘‘(A) in furtherance or in aid of the activi12 ties of a criminal street gang; 

13 ‘‘(B) for the purpose of gaining entrance 

14 to or maintaining or increasing position in such 

15 a gang; or 

16 ‘‘(C) for the direct or indirect benefit or 

17 the criminal street gang, or in association with 

18 the criminal street gang. 

19 ‘‘(c) PENALTIES.—Whoever violates paragraph (1) or 

20 (2) of subsection (b)— 

21 ‘‘(1) shall be fined under this title, imprisoned 

22 for not more than 30 years, or both; and 

23 ‘‘(2) if the violation is based on a predicate 

24 gang crime for which the maximum penalty includes 
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1 life imprisonment, shall be fined under this title, im2 prisoned for any term of years or for life, or both. 

3 ‘‘(d) FORFEITURE.— 

4 ‘‘(1) IN GENERAL.—The court, in imposing sen5 tence on a person who is convicted of an offense 

6 under this section, shall order that the defendant 

7 forfeit to the United States— 

8 ‘‘(A) any property, real or personal, consti9 tuting or traceable to gross proceeds obtained 

10 from such offense; and 

11 ‘‘(B) any property used or intended to be 

12 used, in any manner or part, to commit or to 

13 facilitate the commission of such violation. 

14 ‘‘(2) CRIMINAL PROCEDURES.—The procedures 

15 set forth in section 413 of the Controlled Substances 

16 Act (21 U.S.C. 853), other than subsection (d) of 

17 that section, and in rule 32.2 of the Federal Rules 

18 of Criminal Procedure, shall apply to all stages of a 

19 criminal forfeiture proceeding under this section. 

20 ‘‘(3) CIVIL PROCEDURES.—Property subject to 

21 forfeiture under paragraph (1) may be forfeited in 

22 a civil case pursuant to the procedures set forth in 

23 chapter 46 of this title.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 26 of title 18, United States 

3 Code, is amended to read as follows: 

‘‘521. Criminal street gang prosecutions.’’. 

4 SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF 

5 CRIMINAL STREET GANGS. 

6 (a) VIOLENT CRIMES AND CRIMINAL STREET GANG

7 RECRUITMENT.—Chapter 26 of title 18, United States 

8 Code, as amended by section 101, is amended by adding 

9 at the end the following: 

10 ‘‘§ 523. Violent crimes in furtherance or in aid of a 

11 criminal street gang 

12 ‘‘(a) Any person who, for the purpose of gaining en13 trance to or maintaining or increasing position in, or in 

14 furtherance or in aid of, or for the direct or indirect ben15 efit of, or in association with a criminal street gang, or 

16 as consideration for the receipt of, or as consideration for 

17 a promise or agreement to pay, anything of pecuniary 

18 value to or from a criminal street gang, murders, kidnaps, 

19 sexually assaults (which means any offense that involved 

20 conduct that would violate chapter 109A if the conduct 

21 occurred in the special maritime and territorial jurisdic22 tion), maims, assaults with a dangerous weapon, commits 

23 assault resulting in serious bodily injury upon, commits 

24 any other crime of violence or threatens to commit a crime 

25 of violence against any individual, or attempts or conspires 
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1 to do so, shall be punished, in addition and consecutive 

2 to the punishment provided for any other violation of this 

3 chapter— 

4 ‘‘(1) for murder, by death or imprisonment for 

5 any term of years or for life, a fine under this title, 

6 or both; 

7 ‘‘(2) for kidnapping or sexual assault, by im8 prisonment for any term of years or for life, a fine 

9 under this title, or both; 

10 ‘‘(3) for maiming, by imprisonment for any 

11 term of years or for life, a fine under this title, or 

12 both; 

13 ‘‘(4) for assault with a dangerous weapon or as14 sault resulting in serious bodily injury, by imprison15 ment for not more than 30 years, a fine under this 

16 title, or both; 

17 ‘‘(5) for any other crime of violence, by impris18 onment for not more than 20 years, a fine under 

19 this title, or both; 

20 ‘‘(6) for threatening to commit a crime of vio21 lence specified in paragraphs (1) through (4), by im22 prisonment for not more than 10 years, a fine under 

23 this title, or both; 

24 ‘‘(7) for attempting or conspiring to commit 

25 murder, kidnapping, maiming, or sexual assault, by 
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1 imprisonment for not more than 30 years, a fine 

2 under this title, or both; and 

3 ‘‘(8) for attempting or conspiring to commit a 

4 crime involving assault with a dangerous weapon or 

5 assault resulting in serious bodily injury, by impris6 onment for not more than 20 years, a fine under 

7 this title, or both. 

8 ‘‘(b) DEFINITION.—In this section, the term ‘crimi9 nal street gang’ has the same meaning as in section 521 

10 of this title.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 26 of title 18, United States 

13 Code, is amended by adding at the end the following: 

‘‘522. Recruitment of persons to participate in a criminal street gang. 

‘‘523. Violent crimes in furtherance of a criminal street gang.’’. 

14 SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANS15 PORTATION IN AID OF RACKETEERING EN16 TERPRISES AND CRIMINAL STREET GANGS. 

17 Section 1952 of title 18, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘and thereafter performs 

21 or attempts to perform’’ and inserting ‘‘and 

22 thereafter performs, or attempts or conspires to 

23 perform’’; 
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1 (B) by striking ‘‘5 years’’ and inserting 

2 ‘‘10 years’’; and 

3 (C) by inserting ‘‘punished by death or’’ 

4 after ‘‘if death results shall be’’; 

5 (2) by redesignating subsections (b) and (c) as 

6 subsections (c) and (d), respectively; 

7 (3) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) Whoever travels in interstate or foreign com10 merce or uses the mail or any facility in interstate or for11 eign commerce, with the intent to kill, assault, bribe, force, 

12 intimidate, or threaten any person, to delay or influence 

13 the testimony of, or prevent from testifying, a witness in 

14 a State criminal proceeding and thereafter performs, or 

15 attempts or conspires to perform, an act described in this 

16 subsection, shall— 

17 ‘‘(1) be fined under this title, imprisoned for 

18 any term of years, or both; and 

19 ‘‘(2) if death results, be punished by death or 

20 imprisonment for any term of years or for life.’’; and 

21 (4) in subsection (c)(2), as redesignated under 

22 subparagraph (B), by inserting ‘‘intimidation of, or 

23 retaliation against, a witness, victim, juror, or in24 formant,’’ after ‘‘extortion, bribery,’’. 
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1 SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN 

2 AREAS OF EXCLUSIVE FEDERAL JURISDIC3 TION. 

4 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

5 JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 

6 title 18, United States Code, is amended by striking ‘‘with 

7 intent to do bodily harm, and without just cause or ex8 cuse,’’. 

9 (b) MANSLAUGHTER.—Section 1112(b) of title 18, 

10 United States Code, is amended by— 

11 (1) striking ‘‘ten years’’ and inserting ‘‘20 

12 years’’; and 

13 (2) striking ‘‘six years’’ and inserting ‘‘10 

14 years’’. 

15 (c) OFFENSES COMMITTED WITHIN INDIAN COUN16 TRY.—Section 1153(a) of title 18, United States Code, is 

17 amended by inserting ‘‘an offense for which the maximum 

18 statutory term of imprisonment under section 1363 is 

19 greater than 5 years,’’ after ‘‘a felony under chapter 

20 109A,’’. 

21 (d) RACKETEER INFLUENCED AND CORRUPT ORGA22 NIZATIONS.—Section 1961(1) of title 18, United States 

23 Code, is amended— 

24 (1) in subparagraph (A), by inserting ‘‘, or 

25 would have been so chargeable if the act or threat 

26 (other than lawful forms of gambling) had not been 
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1 committed in Indian country (as defined in section 

2 1151) or in any other area of exclusive Federal ju3 risdiction,’’ after ‘‘chargeable under State law’’; and 

4 (2) in subparagraph (B), by inserting ‘‘section 

5 1123 (relating to multiple interstate murder),’’ after 

6 ‘‘section 1084 (relating to the transmission of wa7 gering information),’’. 

8 (e) CARJACKING.—Section 2119 of title 18, United 

9 States Code, is amended by striking ‘‘, with the intent to 

10 cause death or serious bodily harm’’. 

11 (f) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

12 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO13 LENCE.—Section 924(h) of title 18, United States Code, 

14 is amended to read as follows: 

15 ‘‘(h) ILLEGAL TRANSFERS.—Whoever knowingly 

16 transfers a firearm, knowing that the firearm will be used 

17 to commit, or possessed in furtherance of, a crime of vio18 lence (as defined in subsection (c)(3)) or drug trafficking 

19 crime (as defined in subsection (c)(2)), shall be imprisoned 

20 for not more than 10 years, fined under this title, or 

21 both.’’. 

22 (g) AMENDMENT OF SPECIAL SENTENCING PROVI23 SION.—Section 3582(d) of title 18, United States Code, 

24 is amended— 
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1 (1) by striking ‘‘chapter 95 (racketeering) or 96 

2 (racketeer influenced and corrupt organizations) of 

3 this title’’ and inserting ‘‘section 521 (criminal 

4 street gangs) or 522 (violent crimes in furtherance 

5 or in aid of criminal street gangs), in chapter 95 

6 (racketeering) or 96 (racketeer influenced and cor7 rupt organizations),’’; and 

8 (2) by inserting ‘‘a criminal street gang or’’ be9 fore ‘‘an illegal enterprise’’. 

10 (h) CONFORMING AMENDMENT RELATING TO OR11 DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 

12 United States Code, is amended by striking ‘‘chapter 46 

13 or chapter 96 of this title’’ and inserting ‘‘section 521, 

14 under chapter 46 or 96,’’. 

15 (i) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 

16 person subject to the criminal jurisdiction of an Indian 

17 tribal government shall be subject to section 3559(e) of 

18 title 18, United States Code, for any offense for which 

19 Federal jurisdiction is solely predicated on Indian country 

20 (as defined in section 1151 of such title 18) and which 

21 occurs within the boundaries of such Indian country un22 less the governing body of such Indian tribe elects to sub23 ject the persons under the criminal jurisdiction of the tribe 

24 to section 3559(e) of such title 18. 
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1 SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE 

2 COMMERCE FACILITIES IN THE COMMISSION 

3 OF MURDER-FOR-HIRE AND OTHER FELONY 

4 CRIMES OF VIOLENCE. 

5 Section 1958 of title 18, United States Code, is 

6 amended— 

7 (1) by striking the header and inserting the fol8 lowing: 

9 ‘‘§ 1958. Use of interstate commerce facilities in the 

10 Commission of murder-for-hire and other 

11 felony crimes of violence’’; 

12 and 

13 (2) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) Any person who travels in or causes another (in16 cluding the intended victim) to travel in interstate or for17 eign commerce, or uses or causes another (including the 

18 intended victim) to use the mail or any facility in inter19 state or foreign commerce, with intent that a murder or 

20 other felony crime of violence be committed in violation 

21 of the laws of any State or the United States as consider22 ation for the receipt of, or as consideration for a promise 

23 or agreement to pay, anything of pecuniary value, or who 

24 conspires to do so— 

25 ‘‘(1) may be fined under this title and shall be 

26 imprisoned not more than 20 years; 
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1 ‘‘(2) if personal injury results, may be fined 

2 under this title and shall be imprisoned for not more 

3 than 30 years; and 

4 ‘‘(3) if death results, may be fined not more 

5 than $250,000, and shall be punished by death or 

6 imprisoned for any term of years or for life, or 

7 both.’’. 

8 SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

9 AID OF RACKETEERING ACTIVITY. 

10 Section 1959(a) of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘(a) Any person who, as consideration for the receipt 

13 of, or as consideration for a promise or agreement to pay, 

14 anything of pecuniary value from an enterprise engaged 

15 in racketeering activity, or for the purpose of gaining en16 trance to or maintaining or increasing position in an en17 terprise engaged in racketeering activity, or in furtherance 

18 or in aid of an enterprise engaged in racketeering activity, 

19 murders, kidnaps, sexually assaults (which means any of20 fense that involved conduct that would violate chapter 

21 109A if the conduct occurred in the special maritime and 

22 territorial jurisdiction), maims, assaults with a dangerous 

23 weapon, commits assault resulting in serious bodily injury 

24 upon, or threatens to commit a crime of violence against 

25 any individual in violation of the laws of any State or the 
23 

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1 United States, or attempts or conspires to do so, shall be 

2 punished, in addition and consecutive to the punishment 

3 provided for any other violation of this chapter— 

4 ‘‘(1) for murder, by death or imprisonment for 

5 any term of years or for life, a fine under this title, 

6 or both; 

7 ‘‘(2) for kidnapping or sexual assault, by im8 prisonment for any term of years or for life, a fine 

9 under this title, or both; 

10 ‘‘(3) for maiming, by imprisonment for any 

11 term of years or for life, a fine under this title, or 

12 both; 

13 ‘‘(4) for assault with a dangerous weapon or as14 sault resulting in serious bodily injury, by imprison15 ment for not more than 30 years, a fine under this 

16 title, or both; 

17 ‘‘(5) for threatening to commit a crime of vio18 lence, by imprisonment for not more than 10 years, 

19 a fine under this title, or both; 

20 ‘‘(6) for attempting or conspiring to commit 

21 murder, kidnapping, maiming, or sexual assault, by 

22 imprisonment for not more than 30 years, a fine 

23 under this title, or both; and 

24 ‘‘(7) for attempting or conspiring to commit as25 sault with a dangerous weapon or assault which 
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1 would result in serious bodily injury, by imprison2 ment for not more than 20 years, a fine under this 

3 title, or both.’’. 

4 SEC. 108. MURDER AND OTHER VIOLENT CRIMES COM5 MITTED DURING AND IN RELATION TO A 

6 DRUG TRAFFICKING CRIME. 

7 (a) IN GENERAL.—Part D of the Controlled Sub8 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

9 at the end the following: 

10 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

11 DURING AND IN RELATION TO A DRUG TRAFFICKING

12 CRIME

13 ‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur14 ing and in relation to any drug trafficking crime, murders, 

15 kidnaps, sexually assaults (which means any offense that 

16 involved conduct that would violate chapter 109A if the 

17 conduct occurred in the special maritime and territorial 

18 jurisdiction), maims, assaults with a dangerous weapon, 

19 commits assault resulting in serious bodily injury upon, 

20 commits any other crime of violence or threatens to com21 mit a crime of violence against, any individual, or attempts 

22 or conspires to do so, shall be punished, in addition and 

23 consecutive to the punishment provided for the drug traf24 ficking crime— 
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1 ‘‘(1) in the case of murder, by death or impris2 onment for any term of years or for life, a fine 

3 under title 18, United States Code, or both; 

4 ‘‘(2) in the case of kidnapping or sexual assault 

5 by imprisonment for any term of years or for life, 

6 a fine under such title 18, or both; 

7 ‘‘(3) in the case of maiming, by imprisonment 

8 for any term of years or for life, a fine under such 

9 title 18, or both; 

10 ‘‘(4) in the case of assault with a dangerous 

11 weapon or assault resulting in serious bodily injury, 

12 by imprisonment not more than 30 years, a fine 

13 under such title 18, or both; 

14 ‘‘(5) in the case of committing any other crime 

15 of violence, by imprisonment for not more than 20 

16 years, a fine under this title, or both; 

17 ‘‘(6) in the case of threatening to commit a 

18 crime of violence specified in paragraphs (1) through 

19 (4), by imprisonment for not more than 10 years, a 

20 fine under such title 18, or both; 

21 ‘‘(7) in the case of attempting or conspiring to 

22 commit murder, kidnapping, maiming, or sexual as23 sault, by imprisonment for not more than 30 years, 

24 a fine under such title 18, or both; and 
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1 ‘‘(8) in the case of attempting or conspiring to 

2 commit a crime involving assault with a dangerous 

3 weapon or assault resulting in serious bodily injury, 

4 by imprisonment for not more than 20 years, a fine 

5 under such title 18, or both. 

6 ‘‘(b) VENUE.—A prosecution for a violation of this 

7 section may be brought in— 

8 ‘‘(1) the judicial district in which the murder or 

9 other crime of violence occurred; or 

10 ‘‘(2) any judicial district in which the drug traf11 ficking crime may be prosecuted. 

12 ‘‘(c) APPLICABLE DEATH PENALTY PROCEDURES.— 

13 A defendant who has been found guilty of an offense under 

14 this section for which a sentence of death is provided shall 

15 be subject to the provisions of chapter 228 of title 18, 

16 United States Code. 

17 ‘‘(d) DEFINITIONS.—As used in this section— 

18 ‘‘(1) the term ‘crime of violence’ has the mean19 ing given that term in section 16 of title 18, United 

20 States Code; and 

21 ‘‘(2) the term ‘drug trafficking crime’ has the 

22 meaning given that term in section 924(c)(2) of title 

23 18, United States Code.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Controlled Substances Act is amended by inserting 

3 after the item relating to section 423, the following: 

‘‘Sec. 424. Murder and other violent crimes committed during and in relation 

to a drug trafficking crime.’’. 

4 Subtitle B—Increased Federal Re5 sources To Suppress, Deter, and 

6 Prevent At-Risk Youth From 

7 Joining Illegal Street Gangs 

8 SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN9 TENSITY’’ INTERSTATE GANG ACTIVITY 

10 AREAS. 

11 (a) DEFINITIONS.—In this section the following defi12 nitions shall apply: 

13 (1) GOVERNOR.—The term ‘‘Governor’’ means 

14 a Governor of a State or the Mayor of the District 

15 of Columbia. 

16 (2) HIGH INTENSITY INTERSTATE GANG ACTIV17 ITY AREA.—The term ‘‘high intensity interstate 

18 gang activity area’’ means an area within a State 

19 that is designated as a high intensity interstate gang 

20 activity area under subsection (b)(1). 

21 (3) STATE.—The term ‘‘State’’ means a State 

22 of the United States, the District of Columbia, and 

23 any commonwealth, territory, or possession of the 

24 United States. The term ‘‘State’’ shall include an 
28 

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1 ‘‘Indian tribe’’, as defined by section 102 of the Fed2 erally Recognized Indian Tribe List Act of 1994 (25 

3 U.S.C. 479a). 

4 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

5 AREAS.— 

6 (1) DESIGNATION.—The Attorney General, 

7 after consultation with the Governors of appropriate 

8 States, may designate as high intensity interstate 

9 gang activity areas, specific areas that are located 

10 within 1 or more States. To the extent that the 

11 goals of a high intensity interstate gang activity area 

12 (HIIGAA) overlap with the goals of a high intensity 

13 drug trafficking area (HIDTA), the Attorney Gen14 eral may merge the 2 areas to serve as a dual-pur15 pose entity. The Attorney General may not make the 

16 final designation of a high intensity interstate gang 

17 activity area without first consulting with and receiv18 ing comment from local elected officials representing 

19 communities within the State of the proposed des20 ignation. 

21 (2) ASSISTANCE.—In order to provide Federal 

22 assistance to high intensity interstate gang activity 

23 areas, the Attorney General shall— 

24 (A) establish criminal street gang enforce25 ment teams, consisting of Federal, State, and 
29 

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1 local law enforcement authorities, for the co2 ordinated investigation, disruption, apprehen3 sion, and prosecution of criminal street gangs 

4 and offenders in each high intensity interstate 

5 gang activity area; 

6 (B) direct the reassignment or detailing 

7 from any Federal department or agency (sub8 ject to the approval of the head of that depart9 ment or agency, in the case of a department or 

10 agency other than the Department of Justice) 

11 of personnel to each criminal street gang en12 forcement team; and 

13 (C) provide all necessary funding for the 

14 operation of the criminal street gang enforce15 ment team in each high intensity interstate 

16 gang activity area. 

17 (3) COMPOSITION OF CRIMINAL STREET GANG

18 ENFORCEMENT TEAM.—The team established pursu19 ant to paragraph (2)(A) shall consist of agents and 

20 officers, where feasible, from— 

21 (A) the Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives; 

23 (B) the Department of Homeland Security; 

24 (C) the Department of Housing and Urban 

25 Development; 
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1 (D) the Drug Enforcement Administration; 

2 (E) the Internal Revenue Service; 

3 (F) the Federal Bureau of Investigation; 

4 (G) the United States Marshal’s Service; 

5 (H) the United States Postal Service; 

6 (I) State and local law enforcement; and 

7 (J) Federal, State and local prosecutors. 

8 (4) CRITERIA FOR DESIGNATION.—In consid9 ering an area for designation as a high intensity 

10 interstate gang activity area under this section, the 

11 Attorney General shall consider— 

12 (A) the current and predicted levels of 

13 gang crime activity in the area; 

14 (B) the extent to which violent crime in 

15 the area appears to be related to criminal street 

16 gang activity, such as drug trafficking, murder, 

17 robbery, assaults, carjacking, arson, kidnap18 ping, extortion, and other criminal activity; 

19 (C) the extent to which State and local law 

20 enforcement agencies have committed resources 

21 to— 

22 (i) respond to the gang crime prob23 lem; and 

24 (ii) participate in a gang enforcement 

25 team; 
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1 (D) the extent to which a significant in2 crease in the allocation of Federal resources 

3 would enhance local response to the gang crime 

4 activities in the area; and 

5 (E) any other criteria that the Attorney 

6 General considers to be appropriate. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated $100,000,000 for each of the fiscal 

10 years 2005 to 2009 to carry out this section. 

11 (2) USE OF FUNDS.—Of amounts made avail12 able under paragraph (1) in each fiscal year— 

13 (A) 50 percent shall be used to carry out 

14 subsection (b)(2); and 

15 (B) 50 percent shall be used to make 

16 grants available for community-based programs 

17 to provide crime prevention, research, and 

18 intervention services that are designed for gang 

19 members and at-risk youth in areas designated 

20 pursuant to this section as high intensity inter21 state gang activity areas. 

22 (3) REPORTING REQUIREMENTS.—By February 

23 1st of each year, the Attorney General shall provide 

24 a report to Congress which describes, for each des-
32 

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1 ignated high intensity interstate gang activity 

2 area— 

3 (A) the specific long-term and short-term 

4 goals and objectives; 

5 (B) the measurements used to evaluate the 

6 performance of the high intensity interstate 

7 gang activity area in achieving the long-term 

8 and short-term goals; 

9 (C) the age, composition, and membership 

10 of ‘‘gangs’’; 

11 (D) the number and nature of crimes com12 mitted by ‘‘gangs’’; and 

13 (E) the definition of the term ‘‘gang’’ used 

14 to compile this report. 

15 SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBOR16 HOODS INITIATIVE TO IMPROVE ENFORCE17 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

18 GANGS. 

19 (a) IN GENERAL.—While maintaining the focus of 

20 Project Safe Neighborhoods as a comprehensive, strategic 

21 approach to reducing gun violence in America, the Attor22 ney General is authorized to expand the Project Safe 

23 Neighborhoods program to require each United States at24 torney to— 
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1 (1) identify, investigate, and prosecute signifi2 cant criminal street gangs operating within their dis3 trict; 

4 (2) coordinate the identification, investigation, 

5 and prosecution of criminal street gangs among Fed6 eral, State, and local law enforcement agencies; and 

7 (3) coordinate and establish criminal street 

8 gang enforcement teams, established under section 

9 110(b), in high intensity interstate gang activity 

10 areas within a United States attorney’s district. 

11 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH12 BORHOODS.— 

13 (1) IN GENERAL.—The Attorney General may 

14 hire Assistant United States attorneys, non-attorney 

15 coordinators, or paralegals to carry out the provi16 sions of this section. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated $7,500,000 

19 for each of the fiscal years 2005 through 2009 to 

20 carry out this section. 
34 

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1 SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FED2 ERAL BUREAU OF INVESTIGATION TO INVES3 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

4 STREET GANGS. 

5 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

6 The Attorney General is authorized to require the Federal 

7 Bureau of Investigation to— 

8 (1) increase funding for the Safe Streets Pro9 gram; and 

10 (2) support the criminal street gang enforce11 ment teams, established under section 110(b), in 

12 designated high intensity interstate gang activity 

13 areas. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—In addition to amounts oth16 erwise authorized, there are authorized to be appro17 priated to the Attorney General $5,000,000 for each 

18 of the fiscal years 2005 through 2009 to carry out 

19 the Safe Streets Program. 

20 (2) AVAILABILITY.—Any amounts appropriated 

21 pursuant to paragraph (1) shall remain available 

22 until expended. 
35 

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1 SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCE2 MENT TO COMBAT VIOLENT CRIME AND TO 

3 PROTECT WITNESSES AND VICTIMS OF 

4 CRIMES. 

5 (a) IN GENERAL.—Section 31702 of the Violent 

6 Crime Control and Law Enforcement Act of 1994 (42 

7 U.S.C. 13862) is amended— 

8 (1) in paragraph (3), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (4), by striking the period at 

11 the end and inserting a semicolon; and 

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

13 ‘‘(5) to hire additional prosecutors to— 

14 ‘‘(A) allow more cases to be prosecuted; 

15 and 

16 ‘‘(B) reduce backlogs; 

17 ‘‘(6) to fund technology, equipment, and train18 ing for prosecutors and law enforcement in order to 

19 increase accurate identification of gang members 

20 and violent offenders, and to maintain databases 

21 with such information to facilitate coordination 

22 among law enforcement and prosecutors; and 

23 ‘‘(7) to create and expand witness and victim 

24 protection programs to prevent threats, intimidation, 

25 and retaliation against victims of, and witnesses to, 

26 violent crimes.’’. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 31707 of the Violent Crime Control and Law Enforcement 

3 Act of 1994 (42 U.S.C. 13867) is amended to read as 

4 follows: 

5 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated $20,000,000 for each of the fiscal years 2005 

8 through 2009 to carry out this subtitle. 

9 ‘‘(b) USE OF FUNDS.—Of the amounts made avail10 able under subsection (a), in each fiscal year 60 percent 

11 shall be used to carry out section 31702(7) to create and 

12 expand witness and victim protection programs to prevent 

13 threats, intimidation, and retaliation against victims of, 

14 and witnesses to, violent crimes.’’. 

15 SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDU16 CATION AND TRAINING PROJECTS PROGRAM. 

17 Section 32401(b) of the Violent Crime Control Act 

18 of 1994 (42 U.S.C. 13921(b)) is amended by striking 

19 paragraphs (1) through (6) and inserting the following: 

20 ‘‘(1) $20,000,000 for fiscal year 2005; 

21 ‘‘(2) $20,000,000 for fiscal year 2006; 

22 ‘‘(3) $20,000,000 for fiscal year 2007; 

23 ‘‘(4) $20,000,000 for fiscal year 2008; and 

24 ‘‘(5) $20,000,000 for fiscal year 2009.’’. 
37 

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1 TITLE II—VIOLENT CRIME RE2 FORMS NEEDED TO DETER 

3 AND PREVENT ILLEGAL GANG 

4 CRIME 

5 SEC. 201. MULTIPLE INTERSTATE MURDER. 

6 Chapter 51 of title 18, United States Code, is amend7 ed by adding at the end of the new section: 

8 ‘‘§ 1123. Multiple murders in furtherance of common 

9 scheme of purpose 

10 ‘‘(a) IN GENERAL.—Whoever, having committed 

11 murder in violation of the laws of any State or the United 

12 States, moves or travels in interstate or foreign commerce 

13 with the intent to commit one or more murders in violation 

14 of the laws of any State or the United States, and there15 after commits one or more murders in violation of the laws 

16 of any State or the United States in furtherance of a com17 mon scheme or purpose, or who conspires to do so— 

18 ‘‘(1) shall be fined under this title, imprisoned 

19 for not more than 30 years, or both, for each mur20 der; and 

21 ‘‘(2) if death results, may be fined not more 

22 than $250,000 under this title, and shall be pun23 ished by death or imprisoned for any term of years 

24 or for life for each murder. 
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1 ‘‘(b) DEFINITION.—The term ‘State’ means each of 

2 the several States of the United States, the District of 

3 Columbia, and any commonwealth, territory, or possession 

4 of the United States.’’. 

5 SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION 

6 AGAINST RELEASE OF PERSONS CHARGED 

7 WITH FIREARMS OFFENSES. 

8 Section 3142 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (e), in the matter following 

11 paragraph (3)— 

12 (A) by inserting ‘‘an offense under section 

13 922(g)(1) where the underlying conviction is a 

14 serious drug offense as defined in section 

15 924(e)(2)(A) of title 18, United States Code, 

16 for which a period of not more than 10 years 

17 has elapsed since the date of the conviction or 

18 the release of the person from imprisonment, 

19 whichever is later, or is a serious violent felony 

20 as defined in section 3559(c)(2)(F) of title 18, 

21 United States Code,’’ after ‘‘that the person 

22 committed’’; and 

23 (B) by inserting ‘‘or’’ before ‘‘the Mari24 time’’; 

25 (2) in subsection (f)(1)— 
39 

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1 (A) in subparagraph (C), by striking ‘‘or’’ 

2 at the end; and 

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

4 ‘‘(E) an offense under section 922(g); or’’; 

5 and 

6 (3) in subsection (g), by amending paragraph 

7 (1) to read as follows: 

8 ‘‘(1) the nature and circumstances of the of9 fense charged, including whether the offense is a 

10 crime of violence, or involves a drug, firearm, explo11 sive, or destructive devise;’’. 

12 SEC. 203. VENUE IN CAPITAL CASES. 

13 Section 3235 of title 18, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 3235. Venue in capital cases 

16 ‘‘(a) The trial for any offense punishable by death 

17 shall be held in the district where the offense was com18 mitted or in any district in which the offense began, con19 tinued, or was completed. 

20 ‘‘(b) If the offense, or related conduct, under sub21 section (a) involves activities which affect interstate or for22 eign commerce, or the importation of an object or person 

23 into the United States, such offense may be prosecuted 

24 in any district in which those activities occurred.’’. 
40 

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1 SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

2 (a) IN GENERAL.—Chapter 214 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 3297. Violent crime offenses 

6 ‘‘Except as otherwise expressly provided by law, no 

7 person shall be prosecuted, tried, or punished for any non8 capital felony, crime of violence (as defined in section 16), 

9 including any racketeering activity or gang crime which 

10 involves any violent crime, unless the indictment is found 

11 or the information is instituted by the later of— 

12 ‘‘(1) 10 years after the date on which the al13 leged violation occurred; 

14 ‘‘(2) 10 years after the date on which the con15 tinuing offense was completed; or 

16 ‘‘(3) 8 years after the date on which the alleged 

17 violation was first discovered.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 214 of title 18, United States 

20 Code, is amended by adding at the end the following: 

‘‘3296. Violent crime offenses.’’. 

21 SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF 

22 INTERCEPTION OF WIRE, ORAL, AND ELEC23 TRONIC COMMUNICATIONS. 

24 Section 2516(1) of title 18, United States Code, is 

25 amended— 
41 

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1 (1) in paragraph (q), by striking ‘‘or’.’’; 

2 (2) by redesignating paragraph (r) as para3 graph (u); and 

4 (3) by inserting after paragraph (q) the fol5 lowing: 

6 ‘‘(r) any violation of section 424 of the Con7 trolled Substances Act (relating to murder and other 

8 violent crimes in furtherance of a drug trafficking 

9 crime); 

10 ‘‘(s) any violation of 1123 of title 18, United 

11 States Code (relating to multiple interstate murder); 

12 ‘‘(t) any violation of section 521, 522, or 523 

13 (relating to criminal street gangs); or’’. 

14 SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR 

15 FORFEITURE BY WRONGDOING. 

16 Rule 804(b)(6) of the Federal Rules of Evidence is 

17 amended to read as follows: 

18 ‘‘(6) FORFEITURE BY WRONGDOING. A state19 ment offered against a party that has engaged, ac20 quiesced, or conspired, in wrongdoing that was in21 tended to, and did, procure the unavailability of the 

22 declarant as a witness.’’. 
42 

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1 SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION 

2 AGAINST A WITNESS. 

3 Section 1513 of title 18, United States Code, is 

4 amended by— 

5 (1) redesignating subsection (e) beginning with 

6 ‘‘Whoever conspires’’ as subsection (f); and 

7 (2) adding at the end the following: 

8 ‘‘(g) A prosecution under this section may be brought 

9 in the district in which the official proceeding (whether 

10 or not pending, about to be instituted or was completed) 

11 was intended to be affected or was completed, or in which 

12 the conduct constituting the alleged offense occurred.’’. 

13 SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RE14 LATING TO CERTAIN GANG AND VIOLENT 

15 CRIMES. 

16 (a) DIRECTIVE TO THE UNITED STATES SEN17 TENCING COMMISSION.—Pursuant to its authority under 

18 section 994(p) of title 28, United States Code, and in ac19 cordance with this section, the United States Sentencing 

20 Commission shall review and, if appropriate, amend its 

21 guidelines and its policy statements to conform to the pro22 visions of title I and this title. 

23 (b) REQUIREMENTS.—In carrying out this section, 

24 the Sentencing Commission shall— 
43 

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1 (1) establish new guidelines and policy state2 ments, as warranted, in order to implement new or 

3 revised criminal offenses created under this title; 

4 (2) ensure that the sentencing guidelines and 

5 policy statements reflect the serious nature of the of6 fenses and the penalties set forth in this title, the 

7 growing incidence of serious gang and violent 

8 crimes, and the need to modify the sentencing guide9 lines and policy statements to deter, prevent, and 

10 punish such offenses; 

11 (3) consider the extent to which the guidelines 

12 and policy statements adequately address— 

13 (A) whether the guideline offense levels 

14 and enhancements for gang and violent 

15 crimes— 

16 (i) are sufficient to deter and punish 

17 such offenses; and 

18 (ii) are adequate in view of the statu19 tory increases in penalties contained in the 

20 Act; and 

21 (B) whether any existing or new specific 

22 offense characteristics should be added to re23 flect congressional intent to increase gang and 

24 violent crime penalties, punish offenders, and 

25 deter gang and violent crime; 
44 

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1 (4) assure reasonable consistency with other 

2 relevant directives and with other sentencing guide3 lines; 

4 (5) account for any additional aggravating or 

5 mitigating circumstances that might justify excep6 tions to the generally applicable sentencing ranges; 

7 (6) make any necessary conforming changes to 

8 the sentencing guidelines; and 

9 (7) assure that the guidelines adequately meet 

10 the purposes of sentencing under section 3553(a)(2) 

11 of title 18, United States Code. 

12 SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF 

13 FIREARMS IN CRIMES OF VIOLENCE AND 

14 DRUG TRAFFICKING. 

15 (a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 

16 United States Code, is amended— 

17 (1) by striking ‘‘shall’’ and inserting ‘‘or con18 spires to commit any of the above acts, shall, for 

19 each instance in which the firearm is used, carried, 

20 or possessed’’; 

21 (2) in clause (i), by striking ‘‘5 years’’ and in22 serting ‘‘7 years’’; and 

23 (3) by striking clause (ii). 

24 (b) CONFORMING AMENDMENTS.—Section 924 of 

25 title 18, United States Code, is amended— 
45 

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1 (1) in subsection (c), by striking paragraph (4); 

2 and 

3 (2) by striking subsection (o). 

4 SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FEL5 ONS. 

6 (a) IN GENERAL.—Section 924(e) of title 18, United 

7 States Code, is amended to read as follows: 

8 ‘‘(e)(1) In the case of a person who violates section 

9 922(g) of this title and has previously been convicted by 

10 any court referred to in section 922(g)(1) for a violent 

11 felony or a serious drug offense shall— 

12 ‘‘(A) in the case of 1 such prior conviction, 

13 where a period of not more than 10 years has 

14 elapsed since the date of conviction or release of the 

15 person from imprisonment for that conviction, be 

16 subject to imprisonment for not more than 15 years, 

17 a fine under this title, or both; 

18 ‘‘(B) in the case of 2 such prior convictions, 

19 committed on occasions different from one another, 

20 and where a period of not more than 10 years has 

21 elapsed since the date of conviction or release of the 

22 person from imprisonment for that conviction, be 

23 subject to imprisonment for not more than 20 years, 

24 a fine under this title, or both; and 
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1 ‘‘(C) in the case of 3 such prior convictions, 

2 committed on occasions different from one another, 

3 be subject to imprisonment for not less than 15 

4 years, a fine under this title, or both, and notwith5 standing any other provision of law, the court shall 

6 not suspend the sentence of, or grant a probationary 

7 sentence to, such person with respect to the convic8 tion under section 922(g). 

9 ‘‘(2) As used in this subsection— 

10 ‘‘(A) the term ‘serious drug offense’ means— 

11 ‘‘(i) an offense under the Controlled Sub12 stances Act (21 U.S.C. 801 et seq.), the Con13 trolled Substances Import and Export Act (21 

14 U.S.C. 951 et seq.), or the Maritime Drug Law 

15 Enforcement Act (46 U.S.C. App. 1901 et 

16 seq.), punishable by a maximum term of impris17 onment of not less than 10 years; or 

18 ‘‘(ii) an offense under State law, involving 

19 manufacturing, distributing, or possessing with 

20 intent to manufacture or distribute, a controlled 

21 substance (as defined in section 102 of the Con22 trolled Substances Act (21 U.S.C. 802)), pun23 ishable by a maximum term of imprisonment of 

24 not less than 10 years; 
47 

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1 ‘‘(B) the term ‘violent felony’ means any crime 

2 punishable by a term of imprisonment exceeding 1 

3 year, or any act of juvenile delinquency involving the 

4 use or carrying of a firearm, knife, or destructive de5 vice that would be punishable by a maximum term 

6 of imprisonment for such term if committed by an 

7 adult, that— 

8 ‘‘(i) has, as an element of the crime or act, 

9 the use, attempted use, or threatened use of 

10 physical force against the person of another; or 

11 ‘‘(ii) is burglary, arson, or extortion, in12 volves the use of explosives, or otherwise in13 volves conduct that presents a serious potential 

14 risk of physical injury to another; and 

15 ‘‘(C) the term ‘conviction’ includes a finding 

16 that a person has committed an act of juvenile delin17 quency involving a violent felony.’’. 

18 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

19 Pursuant to its authority under section 994(p) of title 28, 

20 United States Code, the United States Sentencing Com21 mission shall amend the Federal Sentencing Guidelines to 

22 provide for an appropriate increase in the offense level for 

23 violations of section 922(g) of title 18, United States 

24 Code, in accordance with section 924(e) of such title 18, 

25 as amended by subsection (a). 
48 

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1 SEC. 211. CONFORMING AMENDMENT. 

2 The matter before paragraph (1) in section 922(d) 

3 of title 18, United States Code, is amended by inserting 

4 ‘‘, transfer,’’ after ‘‘sell’’. 

5 TITLE III—JUVENILE CRIME RE6 FORM FOR VIOLENT OFFEND7 ERS 

8 SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS. 

9 (a) IN GENERAL.—Section 5032 of title 18, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 5032. Delinquency proceedings in district courts; 

12 juveniles tried as adults; transfer for 

13 criminal prosecution 

14 ‘‘(a) DELINQUENCY PROCEEDINGS IN DISTRICT

15 COURTS.— 

16 ‘‘(1) IN GENERAL.—A juvenile alleged to have 

17 committed an act of juvenile delinquency, other than 

18 a violation of law committed within the special mari19 time and territorial jurisdiction of the United States 

20 for which the maximum authorized term of impris21 onment does not exceed 6 months, shall not be pro22 ceeded against in any court of the United States un23 less the Attorney General, after investigation, cer24 tifies to the appropriate district court of the United 

25 States that— 
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1 ‘‘(A) the juvenile court or other appro2 priate court of a State does not have jurisdic3 tion or refuses to assume jurisdiction over that 

4 juvenile with respect to such alleged act of juve5 nile delinquency; 

6 ‘‘(B) the State does not have available pro7 grams and services adequate for the needs of 

8 juveniles; or 

9 ‘‘(C) the offense charged is a crime of vio10 lence that is a felony or an offense described in 

11 section 401 of the Controlled Substances Act 

12 (21 U.S.C. 841), section 1002(a), 1003, 1005, 

13 1009, or 1010(b) (1), (2), or (3) of the Con14 trolled Substances Import and Export Act (21 

15 U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), 

16 (3)), section 922(x), or section 924 (b), (g), or 

17 (h) of this title, and there is a substantial Fed18 eral interest in the case or the offense to war19 rant the exercise of Federal jurisdiction. 

20 ‘‘(2) FAILURE TO CERTIFY.—If the Attorney 

21 General does not certify under paragraph (1), the 

22 juvenile shall be surrendered to the appropriate legal 

23 authorities of such State. 

24 ‘‘(3) FEDERAL PROCEEDINGS.—If an alleged 

25 juvenile delinquent is not surrendered to the authori-
50 

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1 ties of a State pursuant to this section, any pro2 ceedings against him shall be in an appropriate dis3 trict court of the United States. For such purposes, 

4 the court may be convened at any time and place 

5 within the district, in chambers or otherwise. The 

6 Attorney General shall proceed by information or as 

7 authorized under section 3401(g) of this title, and 

8 no criminal prosecution shall be instituted for the al9 leged act of juvenile delinquency except as provided 

10 below. 

11 ‘‘(b) TRANSFER FOR FEDERAL CRIMINAL PROSECU12 TION.— 

13 ‘‘(1) IN GENERAL.—A juvenile who is alleged to 

14 have committed an act of juvenile delinquency and 

15 who is not surrendered to State authorities shall be 

16 proceeded against under this chapter unless— 

17 ‘‘(A) the juvenile has requested in writing 

18 upon advice of counsel to be proceeded against 

19 as an adult; 

20 ‘‘(B) with respect to a juvenile 15 years 

21 and older alleged to have committed an act 

22 after his fifteenth birthday which if committed 

23 by an adult would be a felony that is a crime 

24 of violence or an offense described in section 

25 401 of the Controlled Substances Act (21 
51 

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1 U.S.C. 841), or section 1002(a), 1005, or 1009 

2 of the Controlled Substances Import and Ex3 port Act (21 U.S.C. 952(a), 955, 959), or sec4 tion 922(x) of this title, or in section 924 (b), 

5 (g), or (h) of this title, the Attorney General 

6 makes a motion to transfer the criminal pros7 ecution on the basis of the alleged act in the 

8 appropriate district court of the United States 

9 and the court finds, after hearing, such transfer 

10 would be in the interest of justice as provided 

11 in paragraph (2); or 

12 ‘‘(C) with respect to a juvenile 13 years 

13 and older alleged to have committed an act 

14 after his thirteenth birthday which if committed 

15 by an adult would be a felony that is the crime 

16 of violence under section 113 (a), (b), (c), 1111, 

17 1113, or, if the juvenile possessed a firearm 

18 during the offense, an offense under section 

19 2111, 2113, 2241(a), or 2241(c), the Attorney 

20 General makes a motion to transfer the crimi21 nal prosecution on the basis of the alleged act 

22 in the appropriate district court of the United 

23 States and the court finds, after hearing, such 

24 transfer would be in the interest of justice as 

25 provided in paragraph (2). 
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1 Notwithstanding sections 1152 and 1153, no person 

2 subject to the criminal jurisdiction of an Indian trib3 al government shall be subject to subparagraph (C) 

4 for any offense the Federal jurisdiction for which is 

5 predicated solely on Indian country (as defined in 

6 section 1151), and which has occurred within the 

7 boundaries of such Indian country, unless the gov8 erning body of the tribe has elected that the pre9 ceding sentence have effect over land and persons 

10 subject to its criminal jurisdiction. 

11 ‘‘(2) FACTORS.— 

12 ‘‘(A) IN GENERAL.—Evidence of the fol13 lowing factors shall be considered, and findings 

14 with regard to each factor shall be made in the 

15 record, in assessing whether a transfer under 

16 subparagraph (B) or (C) of paragraph (1), and 

17 paragraph (4) of subsection (d), would be in the 

18 interest of justice: 

19 ‘‘(i) The age and social background of 

20 the juvenile. 

21 ‘‘(ii) The nature of the alleged of22 fense, including the extent to which the ju23 venile played a leadership role in an orga24 nization, or otherwise influenced other per25 sons to take part in criminal activities. 
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1 ‘‘(iii) Whether prosecution of the juve2 nile as an adult would protect public safe3 ty. 

4 ‘‘(iv) The extent and nature of the ju5 venile’s prior delinquency record. 

6 ‘‘(v) The juvenile’s present intellectual 

7 development and psychological maturity. 

8 ‘‘(vi) The nature of past treatment ef9 forts and the juvenile’s response to such 

10 efforts. 

11 ‘‘(vii) The availability of programs de12 signed to treat the juvenile’s behavioral 

13 problems. 

14 ‘‘(B) NATURE OF THE OFFENSE.—In con15 sidering the nature of the offense, as required 

16 by this paragraph, the court shall consider the 

17 extent to which the juvenile played a leadership 

18 role in an organization, or otherwise influenced 

19 other persons to take part in criminal activities, 

20 involving the use or distribution of controlled 

21 substances or firearms. Such a factor, if found 

22 to exist, shall weigh in favor of a transfer to 

23 adult status, but the absence of this factor shall 

24 not preclude such a transfer. 
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1 ‘‘(C) NOTICE.—Reasonable notice of the 

2 transfer hearing under subparagraph (B) or (C) 

3 of paragraph (1) shall be given to the juvenile, 

4 the juvenile’s parents, guardian, or custodian 

5 and to the juvenile’s counsel. The juvenile shall 

6 be assisted by counsel during the transfer hear7 ing, and at every other critical stage of the pro8 ceedings. 

9 ‘‘(c) MANDATORY TRANSFER OF JUVENILE 16 OR

10 OLDER.—A juvenile who is alleged to have committed an 

11 act on or after his sixteenth birthday, which if committed 

12 by an adult would be a felony offense, that has an element 

13 thereof the use, attempted use, or threatened use of phys14 ical force against the person of another, or that, by its 

15 very nature, involves a substantial risk that physical force 

16 against the person of another, may be used in committing 

17 the offense or would be an offense described in section 

18 32, 81, or 2275 or subsection (d), (e), (f), (h), or (i) of 

19 section 844 of this title, subsection (d) or (e) or subpara20 graphs (A), (B), (C), (D), or (E) of subsection (b)(1) of 

21 section 401 of the Controlled Substances Act, or section 

22 1002(a), 1003, or 1009, or paragraphs (1), (2), or (3) 

23 of section 1010(b) of the Controlled Substances Import 

24 and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), 

25 (2), and (3)), and who has previously been found guilty 
55 

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1 of an act which if committed by an adult would have been 

2 one of the offenses set forth in this subsection or sub3 section (b), or an offense in violation of a State felony 

4 statute that would have been such an offense if a cir5 cumstance giving rise to Federal jurisdiction had existed, 

6 shall be transferred, upon notification by the United 

7 States, to the appropriate district court of the United 

8 States for criminal prosecution. 

9 ‘‘(d) SIXTEEN AND SEVENTEEN YEAR OLDS

10 CHARGED WITH THE MOST SERIOUS VIOLENT FELO11 NIES.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, a juvenile may be prosecuted as an 

14 adult if the juvenile is alleged to have committed, 

15 conspired, solicited or attempted to commit, on or 

16 after the day the juvenile attains the age of 16 any 

17 offense involving— 

18 ‘‘(A) murder; 

19 ‘‘(B) manslaughter; 

20 ‘‘(C) assault with intent to commit murder; 

21 ‘‘(D) sexual assault (which means any of22 fense that involves conduct that would violate 

23 chapter 109A if the conduct occurred in the 

24 special maritime and territorial jurisdiction); 
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1 ‘‘(E) robbery (as described in section 2111, 

2 2113, or 2118); 

3 ‘‘(F) carjacking with a dangerous weapon; 

4 ‘‘(G) extortion; 

5 ‘‘(H) arson; 

6 ‘‘(I) firearms use; 

7 ‘‘(J) firearms possession (as described in 

8 section 924(c); 

9 ‘‘(K) drive-by shooting; 

10 ‘‘(L) kidnapping; 

11 ‘‘(M) maiming; 

12 ‘‘(N) assault resulting in serious bodily in13 jury; or 

14 ‘‘(O) obstruction of justice (as described in 

15 1512(a)(1)) on or after the day the juvenile at16 tains the age of 16. 

17 ‘‘(2) OTHER OFFENSES.—In a prosecution 

18 under this subsection the juvenile may be prosecuted 

19 and convicted as an adult for any other offense 

20 which is properly joined under the Federal Rules of 

21 Criminal Procedure, and may also be convicted as an 

22 adult of a lesser included offense. 

23 ‘‘(3) REVIEWABILITY.—Except as otherwise 

24 provided by this subsection, a determination to ap25 prove or not to approve, or to institute or not to in-
57 

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1 stitute, a prosecution under this subsection shall not 

2 be reviewable in any court. 

3 ‘‘(4) PROSECUTION.—(A) In any prosecution of 

4 a juvenile under this subsection, upon motion of the 

5 defendant, the court in which the criminal charges 

6 have been filed shall after a hearing determine 

7 whether to issue an order that the defendant should 

8 be transferred to juvenile status. 

9 ‘‘(B) A motion by a defendant under this para10 graph shall not be considered unless filed no later 

11 than 30 days after the date on which the defendant 

12 initially appears through counsel or expressly waives 

13 the right to counsel and elects to proceed pro se. 

14 ‘‘(C) The court shall not order the transfer of 

15 a defendant to juvenile status under this paragraph 

16 unless the defendant establishes by clear and con17 vincing evidence that removal to juvenile status 

18 would be in the interest of justice. In making a de19 termination under this paragraph, the court shall 

20 consider the factors specified in subsection (b)(2) of 

21 this section. 

22 ‘‘(5) ORDER.—An order of the court made in 

23 ruling on a motion by a defendant to transfer a de24 fendant to juvenile status under this subsection shall 

25 not be a final order for the purpose of enabling an 
58 

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1 appeal, except that an appeal by the United States 

2 shall lie to a court of appeals pursuant to section 

3 3731 of this title from an order of a district court 

4 removing a defendant to juvenile status. Upon re5 ceipt of a notice of appeal of an order under this 

6 paragraph, a court of appeals shall hear and deter7 mine the appeal on an expedited basis. The court of 

8 appeals shall give due regard to the opportunity of 

9 the district court to judge the credibility of the wit10 nesses, and shall accept the findings of fact of the 

11 district court unless they are clearly erroneous, and 

12 the court of appeals shall review de novo the district 

13 court’s application of the law to the facts. 

14 ‘‘(e) SIXTEEN AND SEVENTEEN YEAR OLDS

15 CHARGED WITH OTHER SERIOUS VIOLENT FELONIES.— 

16 ‘‘(1) IN GENERAL.—Except as provided by sub17 section (d), a juvenile may be prosecuted as an adult 

18 if the juvenile is alleged to have committed an act 

19 on or after the day the juvenile attains the age of 

20 16 which is committed by an adult would be a seri21 ous violent felony as described in paragraphs (2) and 

22 (3) of section 3559(a). 

23 ‘‘(2) OTHER OFFENSES.—In a prosecution 

24 under this subsection the juvenile may be prosecuted 

25 and convicted as an adult for any other offense 
59 

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1 which is properly joined under the Federal Rules of 

2 Criminal Procedure, and may also be convicted as an 

3 adult of a lesser included offense. 

4 ‘‘(3) REVIEWABILITY.—Except as otherwise 

5 provided by this subsection, a determination to ap6 prove or not to approve, or to institute or not to in7 stitute, a prosecution under this subsection shall not 

8 be reviewable in any court. 

9 ‘‘(4) PROSECUTION.—(A) In any prosecution of 

10 a juvenile under this subsection, upon motion of the 

11 defendant, the court in which the criminal charges 

12 have been filed shall after a hearing determine 

13 whether to issue an order that the defendant should 

14 be transferred to juvenile status. 

15 ‘‘(B) A motion by a defendant under this para16 graph shall not be considered unless filed no later 

17 than 30 days after the date on which the defendant 

18 initially appears through counsel or expressly waives 

19 the right to counsel and elects to proceed pro se. 

20 ‘‘(C) The court shall not order the transfer of 

21 a defendant to juvenile status under this paragraph 

22 unless the defendant establishes by clear and con23 vincing evidence that removal to juvenile status 

24 would be in the interest of justice. In making a de25 termination under this paragraph, the court shall 
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1 consider the factors specified in subsection (b)(2) of 

2 this section. 

3 ‘‘(5) ORDER.—An order of the court made in 

4 ruling on a motion by a defendant to transfer a de5 fendant to juvenile status under this subsection shall 

6 be a final order for the purpose of enabling an ap7 peal. Upon receipt of a notice of appeal of an order 

8 under this paragraph, a court of appeals shall hear 

9 and determine the appeal on an expedited basis. The 

10 court of appeals shall give due regard to the oppor11 tunity of the district court to judge the credibility of 

12 the witnesses, and shall accept the findings of fact 

13 of the district court unless they are clearly erro14 neous, and the court of appeals shall review de novo 

15 the district court’s application of the law to the 

16 facts. 

17 ‘‘(f) PROCEEDINGS.— 

18 ‘‘(1) SUBSEQUENT PROCEEDING BARRED.— 

19 Once a juvenile has entered a plea of guilty or the 

20 proceeding has reached the stage that evidence has 

21 begun to be taken with respect to a crime or an al22 leged act of juvenile delinquency subsequent criminal 

23 prosecution or juvenile proceedings based upon such 

24 alleged act of delinquency shall be barred. 
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1 ‘‘(2) STATEMENTS.—Statements made by a ju2 venile prior to or during a transfer hearing under 

3 this section shall not be admissible at subsequent 

4 criminal prosecutions except for impeachment pur5 poses or in a prosecution for perjury or making a 

6 false statement. 

7 ‘‘(3) FURTHER PROCEEDINGS.—Whenever a ju8 venile transferred to district court under subsection 

9 (b) or (c) is not convicted of the crime upon which 

10 the transfer was based or another crime which would 

11 have warranted transfer had the juvenile been ini12 tially charged with that crime, further proceedings 

13 concerning the juvenile shall be conducted pursuant 

14 to the provisions of this chapter. 

15 ‘‘(4) RECEIPT OF RECORDS.—A juvenile shall 

16 not be transferred to adult prosecution under sub17 section (b) nor shall a hearing be held under section 

18 5037 (disposition after a finding of juvenile delin19 quency) until any prior juvenile court records of 

20 such juvenile have been received by the court, or the 

21 clerk of the juvenile court has certified in writing 

22 that the juvenile has no prior record, or that the ju23 venile’s record is unavailable and why it is unavail24 able. 
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1 ‘‘(5) SPECIFIC ACTS DESCRIBED.—Whenever a 

2 juvenile is adjudged delinquent pursuant to the pro3 visions of this chapter, the specific acts which the ju4 venile has been found to have committed shall be de5 scribed as part of the official record of the pro6 ceedings and part of the juvenile’s official record. 

7 ‘‘(g) STATE.—For purposes of this section, the term 

8 ‘State’ includes a State of the United States, the District 

9 of Columbia, and any commonwealth, territory, or posses10 sion of the United States.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 403 of title 18, United States Code, is amended 

13 by striking the item relating to section 5032 and inserting 

14 the following: 

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults; 

transfer for criminal prosecution.’’. 

15 SEC. 302. NOTIFICATION AFTER ARREST. 

16 Section 5033 of title 18, United States Code, is 

17 amended in the first sentence, by striking ‘‘immediately 

18 notify the Attorney General and’’ and inserting ‘‘imme19 diately, or as soon as practicable thereafter, notify the At20 torney General and shall promptly take reasonable steps 

21 to notify’’. 
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1 SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSI2 TION. 

3 (a) DUTIES OF MAGISTRATE JUDGE.—Section 5034 

4 of title 18, United States Code, is amended— 

5 (1) in the first undesignated paragraph, by 

6 striking ‘‘The magistrate judge shall insure’’ and in7 serting the following: 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) REPRESENTATION BY COUNSEL.—The 

10 magistrate judge shall ensure’’; 

11 (2) in the second undesignated paragraph, by 

12 striking ‘‘The magistrate judge may appoint’’ and 

13 inserting the following: 

14 ‘‘(2) GUARDIAN AD LITEM.—The magistrate 

15 judge may appoint’’; 

16 (3) in the third undesignated paragraph, by 

17 striking ‘‘If the juvenile’’ and inserting the following: 

18 ‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as 

19 provided in subsection (c), if the juvenile’’; and 

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

21 ‘‘(c) RELEASE OF CERTAIN JUVENILES.— 

22 ‘‘(1) IN GENERAL.—A juvenile, who is to be 

23 tried as an adult under section 5032, shall be re24 leased pending trial in accordance with the applica25 ble provisions of chapter 207. 
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1 ‘‘(2) CONDITIONS.—A release under paragraph 

2 (1) shall be conducted in the same manner, and 

3 shall be subject to the same terms, conditions, and 

4 sanctions for violation of a release condition, as pro5 vided for an adult under chapter 207. 

6 ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE

7 ON RELEASE.— 

8 ‘‘(1) IN GENERAL.—A juvenile alleged to have 

9 committed, while on release under this section, an 

10 offense that, if committed by an adult, would be a 

11 Federal criminal offense, shall be subject to prosecu12 tion under section 5032. 

13 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.— 

14 Section 3147 shall apply to a juvenile who is to be 

15 tried as an adult under section 5032 for an offense 

16 committed while on release under this section.’’. 

17 (b) DETENTION PRIOR TO DISPOSITION.—Section 

18 5035 of title 18, United States Code, is amended— 

19 (1) by striking ‘‘A juvenile’’ and inserting the 

20 following: 

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

22 (b), a juvenile’’; and 

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

24 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—A juve25 nile who is to be tried as an adult under section 5032 
65 

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1 shall be subject to detention in accordance with chapter 

2 207.’’. 

3 SEC. 304. SPEEDY TRIAL. 

4 Section 5036 of title 18, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 5036. Speedy trial 

7 ‘‘(a) IN GENERAL.—If an alleged delinquent, who is 

8 to be proceeded against as a juvenile pursuant to section 

9 5032 and who is in detention pending trial, is not brought 

10 to trial within 70 days from the date upon which such 

11 detention began, the information shall be dismissed on mo12 tion of the alleged delinquent or at the direction of the 

13 court. 

14 ‘‘(b) PERIODS OF EXCLUSION.—The periods of exclu15 sion under section 3161(h) shall apply to this section. 

16 ‘‘(c) JUDICIAL CONSIDERATIONS.—In determining 

17 whether an information should be dismissed with or with18 out prejudice, the court shall consider— 

19 ‘‘(1) the seriousness of the alleged act of juve20 nile delinquency; 

21 ‘‘(2) the facts and circumstances of the case 

22 that led to the dismissal; and 

23 ‘‘(3) the impact of a reprosecution on the ad24 ministration of justice.’’. 
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1 SEC. 305. FEDERAL SENTENCING GUIDELINES. 

2 (a) APPLICATION OF GUIDELINES TO CERTAIN JU3 VENILE DEFENDANTS.—Section 994(h) of title 28, United 

4 States Code, is amended by inserting ‘‘, or in which the 

5 defendant is a juvenile who is tried as an adult,’’ after 

6 ‘‘old or older’’. 

7 (b) GUIDELINES FOR JUVENILE CASES.—Section 

8 994 of title 28, United States Code, is amended by adding 

9 at the end the following: 

10 ‘‘(z) GUIDELINES FOR JUVENILE CASES.—Not later 

11 than May 1, 2006, the Commission, pursuant to its rules 

12 and regulations and consistent with all pertinent provi13 sions of any Federal statute, shall promulgate and dis14 tribute, to all courts of the United States and to the 

15 United States Probation System, guidelines, as described 

16 in this section, for use by a sentencing court in deter17 mining the sentence to be imposed in a criminal case if 

18 the defendant committed the offense as a juvenile, and is 

19 tried as an adult pursuant to section 5032 of title 18.’’. 

Æ