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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Introduced in Senate (IS)]

  1st Session
                                 S. 438

            To reform criminal laws, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
            To reform criminal laws, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Crime Control Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the most important domestic function of the Federal 
        Government is the protection of the personal security of 
        individual Americans through the enactment and enforcement of 
        laws against criminal behavior; and
            (2) tough Federal laws, such as mandatory minimum prison 
        sentences for violent crimes committed with a firearm and 
        truth-in-sentencing, would serve as deterrents to persons who 
        might be disposed to commit violent crimes.

SEC. 3. MANDATORY MINIMUMS FOR STATE CRIMES INVOLVING A FIREARM.

    Section 924(c) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4)(A) A person who, during and in relation to a crime of 
        violence or drug trafficking crime involving a firearm that has 
        been moved at any time in interstate or foreign commerce 
        (including a crime of violence or drug trafficking crime that 
        provides for an enhanced punishment if committed by the use of 
        a deadly or dangerous weapon or device) for which the person 
        may be prosecuted in a court of any State--
                    ``(i) in the case of a first conviction of such a 
                crime, in addition to the sentence imposed for the 
                crime of violence or drug trafficking crime--
                            ``(I) knowingly possesses a firearm, shall 
                        be imprisoned not less than 10 years;
                            ``(II) discharges a firearm with intent to 
                        injure another person, shall be imprisoned not 
                        less than 20 years; and
                            ``(III) knowingly possesses a firearm that 
                        is a machinegun or destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, shall be imprisoned not less than 30 
                        years; and
                    ``(ii) in the case of a second conviction of such a 
                crime, in addition to the sentence imposed for the 
                crime of violence or drug trafficking crime--
                            ``(I) knowingly possesses a firearm during 
                        and in relation to the crime of violence or 
                        drug trafficking crime shall be imprisoned not 
                        less than 20 years;
                            ``(II) discharges a firearm during and in 
                        relation to the crime of violence or drug 
                        trafficking crime shall be imprisoned not less 
                        than 30 years; and
                            ``(III) discharges a firearm that is a 
                        machinegun or a destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, shall be imprisoned for life.
                    ``(iii) in the case of a third or subsequent 
                conviction of such a crime, possesses or discharges a 
                firearm in a manner described in clause (i) or (ii), 
                shall be imprisoned for life.
            ``(B)(i) Notwithstanding any other law, a court shall not 
        place on probation or suspend the sentence of any person 
        convicted of a violation of this subsection, nor shall a term 
        of imprisonment imposed under this subsection run concurrently 
        with any other term of imprisonment, including a term imposed 
        for the crime of violence or drug trafficking crime in which 
        the firearm was used.
            ``(ii) No person sentenced under this subsection shall be 
        released for any reason whatsoever during a term of 
        imprisonment imposed under this paragraph.
            ``(C) For the purposes of subparagraph (A), a person shall 
        be considered to be in possession of a firearm if--
                    ``(i) in the case of a crime of violence, the 
                person touches a firearm at the scene of the crime at 
                any time during the commission of the crime; and
                    ``(ii) in the case of a drug trafficking crime, the 
                person has a firearm readily available at the scene of 
                the crime.
            ``(D) Except in the case of a person who engaged in or 
        participated in criminal conduct that gave rise to the occasion 
        for the person's use of a firearm, this paragraph shall not 
        apply to a person who may be found to have committed a criminal 
        act while acting in defense of person or property during the 
        course of a crime being committed by another person (including 
        the arrest or attempted arrest of the offender during or 
        immediately after the commission of the crime).
            ``(E) In this paragraph--
                    ``(i) the term `crime of violence' means an offense 
                that is punishable by imprisonment for more than 1 
                year, and--
                            ``(I) has as an element the use, attempted 
                        use, or threatened use of physical force 
                        against the person or property of another; or
                            ``(II) by its nature involves a substantial 
                        risk that physical force against the person or 
                        property of another may be used during the 
                        course of the offense; and
                    ``(ii) the term `drug trafficking crime' means a 
                crime punishable by imprisonment for more than one year 
                involving the manufacture, distribution, possession, 
                cultivation, sale, or transfer of a controlled 
                substance, controlled substance analogue, immediate 
                precursor, or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substance Act 
                (21 U.S.C. 802)), or an attempt or conspiracy to commit 
                such a crime.
            ``(F)(i) This paragraph shall supplement, but not supplant, 
        the efforts of State and local prosecutors in prosecuting 
        crimes of violence and drug trafficking crimes that could be 
        prosecuted under State law.
            ``(ii) The Attorney General shall give due deference to the 
        interest that a State or local prosecutor has in prosecuting a 
        person under State law.
            ``(G) This paragraph shall not be construed to create any 
        rights, substantive or procedural, enforceable at law by any 
        party in any manner, civil or criminal, nor does it place any 
        limitations on otherwise lawful prerogatives of the Attorney 
        General.''.

SEC. 4. TRUTH IN SENTENCING.

    (a) In General.--For a State to be eligible for prison funds 
authorized under title II of the Violent Crime Control and Law 
Enforcement Act of 1994, the Attorney General must certify that the 
State has adopted--
            (1) truth in sentencing laws with respect to any felony 
        crime of violence involving the use or attempted use of force 
        against a person, or use of a firearm against a person, for 
        which a minimum sentence of 5 years or more is authorized, 
        that--
                    (A) provide that defendants will serve at least 85 
                percent of the sentence ordered; and
                    (B) provide for a binding sentencing guideline 
                system that limits the discretion of sentencing judges 
                to ensure greater uniformity in sentencing;
            (2) a pretrial detention system similar to the system 
        provided under section 3142 of title 18, United States Code;
            (3) sentences for firearm offenders where death or serious 
        bodily injury results, murderers, sex offenders, and child 
        abuse offenders that, after application of relevant sentencing 
        guidelines, result in the imposition of sentences that are at 
        least as long as sentences imposed under Federal law (after 
        application of relevant sentencing guidelines); and
            (4) suitable recognition for the rights of victims, 
        including consideration of the victim's perspective at all 
        appropriate stages of criminal proceedings.
    (b) Disqualification.--
            (1) In general.--The Attorney General shall disqualify a 
        State or withdraw certification if the Attorney General finds 
        that the State does not comply with subsection (a) or has 
        ceased making substantial progress toward compliance.
            (2) Entitlement to benefits.--Except to the extent the 
        Attorney General otherwise directs, a State that has been 
        disqualified under this subsection shall not receive prison 
        funds authorized under title II of the Violent Crime Control 
        and Law Enforcement Act of 1994.
    (c) Waiver.--The Attorney General may waive, for not more than one 
year, any of the requirements of this section with respect to a State 
if the Attorney General certifies that there are compelling law 
enforcement reasons for doing so. Any State granted a waiver under this 
subsection shall be treated as a qualifying State for purposes of this 
section, unless the Attorney General otherwise directs.

SEC. 5. VICTIM RESTITUTION.

    (a) Mandatory Restitution and Other Provisions.--Section 3663 of 
title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) In addition to ordering restitution to the victim of 
        the offense of which a defendant is convicted, a court may 
        order restitution to any person who, as shown by a 
        preponderance of evidence, was harmed physically, emotionally, 
        or pecuniarily, by unlawful conduct of the defendant during--
                    ``(A) the criminal episode during which the offense 
                occurred; or
                    ``(B) the course of a scheme, conspiracy, or 
                pattern of unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)--
                    (A) in paragraph (2), by inserting ``emotional or'' 
                after ``resulting in''; and
                    (B) by striking paragraph (4) and inserting the 
                following new paragraph:
            ``(4) in any case, reimburse the victim for--
                    ``(A) necessary child care, transportation, and 
                other expenses related to participation in the 
                investigation or prosecution of the offense or 
                attendance at proceedings related to the offense;
                    ``(B) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(C) physical and occupational therapy or 
                rehabilitation;
                    ``(D) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(E) lost income;
                    ``(F) attorneys' fees, plus any costs incurred in 
                obtaining a civil protection order; and
                    ``(G) any other losses suffered by the victim as a 
                proximate result of the offense; and'';
            (4) in subsection (c), by striking ``If the Court decides 
        to order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (g), and (h); 
        and
            (6) by adding at the end the following new subsections:
    ``(j)(1)(A) The court shall order restitution to a victim in the 
full amount of the victim's losses as determined by the court and 
without consideration of--
            ``(i) the economic circumstances of the offender; or
            ``(ii) the fact that a victim has received or is entitled 
        to receive compensation with respect to a loss from insurance 
        or any other source.
    ``(B) For purposes of this paragraph, the term `economic 
circumstances' includes--
            ``(i) the financial resources and other assets of the 
        defendant;
            ``(ii) projected earnings, earning capacity, and other 
        income of the defendant; and
            ``(iii) any financial obligations of the defendant, 
        including obligations to dependents.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner and 
schedule according to which the restitution is to be paid. The court 
shall consider--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) expected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(k) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(l) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(m)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(n) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments, 
        and other forms of transfers of money or property made pursuant 
        to the sentence of the court shall be made by the offender to 
        an entity designated by the Director of the Administrative 
        Office of the United States Courts for accounting and payment 
        by the entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting the obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(o) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(p)(1) Compliance with the schedule of payment and other terms of 
a restitution order shall be a condition of any probation, parole, or 
other form of release of an offender.
    ``(2) If a defendant fails to comply with a restitution order, the 
court may revoke probation or a term of supervised release, modify the 
term or conditions of probation or a term of supervised release, hold 
the defendant in contempt of court, enter a restraining order or 
injunction, order the sale of property of the defendant, accept a 
performance bond, or take any other action necessary to obtain 
compliance with the restitution order.
    ``(3) In determining what action to take, the court shall consider 
the defendant's employment status, earning ability, financial 
resources, the willfulness in failing to comply with the restitution 
order, and any other circumstances that may affect the defendant's 
ability to comply with the restitution order.
    ``(q) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter (B) of chapter 229; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(r) A victim or the offender may petition the court at anytime to 
modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d), respectively;
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a)(1) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate.
    ``(2) The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end the following new subsections:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.
    ``(f)(1) Not later than 60 days after a conviction is entered on 
the record, and, in any event, not later than 10 days before 
sentencing, the United States Attorney (or such Attorney's delegate), 
after consulting with the victim, shall prepare and file an affidavit 
with the court listing the amounts subject to restitution under this 
section. The affidavit shall be signed by the United States Attorney 
(or the delegate) and the victim.
    ``(2) If the victim objects to any of the information included in 
the affidavit, the United States Attorney (or the delegate) shall 
advise the victim that the victim may file a separate affidavit and 
shall assist the victim in the preparation affidavit.
    ``(3) If after the defendant has been notified of the affidavit, no 
objection is raised by the defendant, the amounts attested to in the 
affidavit filed pursuant to paragraph (1) shall be entered in the 
court's restitution order. If objection is raised, the court may 
require the victim or the United States Attorney (or the United States 
Attorney's delegate) to submit further affidavits or other supporting 
documents, demonstrating the victim's losses.
    ``(4)(A) If the court concludes, after reviewing the supporting 
documentation and considering the defendant's objections, that there is 
a substantial reason for doubting the authenticity or veracity of the 
records submitted, the court may require additional documentation or 
hear testimony on those questions.
    ``(B) The privacy of any records filed, or testimony heard, 
pursuant to this section, shall be maintained to the greatest extent 
possible, and such records may be filed or testimony heard in camera.
    ``(5) If the victim's losses are not ascertainable 10 days before 
sentencing as provided in paragraph (1), the United States Attorney (or 
the United States Attorney's delegate) shall so inform the court, and 
the court shall set a date for the final determination of the victim's 
losses, which shall be not later than 90 days after sentencing. If the 
victim subsequently discovers further losses, the victim shall have 90 
days after discovery of those losses in which to petition the court for 
an amended restitution order. Such order may be granted only upon a 
showing of good cause for the failure to include such losses in the 
initial claim for restitutionary relief.
    ``(6) An award of restitution to the victim of an offense under 
this chapter is not a substitute for imposition of punishment under 
this chapter.''.

SEC. 6. LUXURIES ABOLISHED AND PRISON WORK REQUIRED.

    Section 4001(b)(2) of title 18, United States Code, is amended by 
adding at the end the following sentence: ``Not later than 120 days 
after the date of enactment of the Crime Control Act of 1995, the 
Attorney General shall implement and enforce regulations mandating 
prison work for all able-bodied inmates in Federal penal and 
correctional institutions. Such regulations shall also prohibit the 
provision by the Government in inmates' cells of television, radio, 
telephone, stereo, or other similar amenities.''.
                                 <all>
S 438 IS----2
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