109TH CONGRESS

1ST SESSION H. R. 1279

AN ACT

To amend title 18, United States Code, to reduce

for other purposes.zens and communities from violent criminals, andviolent gang crime and protect law-abiding citi-

109TH CONGRESS

1ST SESSION H. R. 1279

AN ACT

To amend title 18, United States Code, to reduce violent

gang crime and protect law-abiding citizens and communities from violent criminals, 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.

2 This Act may be cited as the ‘‘Gang Deterrence and

3 Community Protection Act of 2005’’.

4 TITLE I—CRIMINAL LAW RE5 FORMS AND ENHANCED PEN6 ALTIES TO DETER AND PUN7 ISH ILLEGAL STREET GANG

8 ACTIVITY AND RELATED

9 CRIMINAL LAW REFORMS

10 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE11 LATED TO CRIMINAL STREET GANG ACTIV12 ITY.

13 (a) IN GENERAL.—Chapter 26 of title 18, United

14 States Code, is amended to read as follows:

15 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gang prosecutions.

16 ‘‘§ 521. Criminal street gang prosecutions

17 ‘‘(a) STREET GANG CRIME.—Whoever commits, or

18 conspires, threatens or attempts to commit, a gang crime

19 for the purpose of furthering the activities of a criminal

20 street gang, or gaining entrance to or maintaining or in21 creasing position in such a gang, shall, in addition to being

22 subject to a fine under this title—

23 ‘‘(1) if the gang crime results in the death of

24 any person, be sentenced to death or life in prison;
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1 ‘‘(2) if the gang crime is kidnapping, aggra2 vated sexual abuse, or maiming, be imprisoned for

3 life or any term of years not less than 30;

4 ‘‘(3) if the gang crime is assault resulting in se5 rious bodily injury (as defined in section 1365), be

6 imprisoned for life or any term of years not less

7 than 20; and

8 ‘‘(4) in any other case, be imprisoned for life or

9 for any term of years not less than 10.

10 ‘‘(b) FORFEITURE.—

11 ‘‘(1) IN GENERAL.—The court, in imposing sen12 tence on any person convicted of a violation of this

13 section, shall order, in addition to any other sen14 tence imposed and irrespective of any provision of

15 State law, that such person shall forfeit to the

16 United States such person’s interest in—

17 ‘‘(A) any property used, or intended to be

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

19 facilitate the commission of, the violation; and

20 ‘‘(B) any property constituting, or derived

21 from, any proceeds the person obtained, directly

22 or indirectly, as a result of the violation.

23 ‘‘(2) APPLICATION OF CONTROLLED SUB24 STANCES ACT.—Subsections (b), (c), (e), (f), (g),

25 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section
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1 413 of the Controlled Substances Act (21 U.S.C.

2 853) shall apply to a forfeiture under this section as

3 though it were a forfeiture under that section.

4 ‘‘(c) DEFINITIONS.—The following definitions apply

5 in this section:

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

7 ‘criminal street gang’ means a formal or informal

8 group or association of 3 or more individuals, who

9 commit 2 or more gang crimes (one of which is a

10 crime of violence other than an offense punishable

11 under subparagraph (A), (B), or (C) of section

12 401(b)(1) of the Controlled Substances Act), in 2 or

13 more separate criminal episodes, in relation to the

14 group or association, if any of the activities of the

15 criminal street gang affects interstate or foreign

16 commerce.

17 ‘‘(2) GANG CRIME.—The term ‘gang crime’

18 means conduct constituting any Federal or State

19 crime, punishable by imprisonment for more than

20 one year, in any of the following categories:

21 ‘‘(A) A crime of violence (other than a

22 crime of violence against the property of an23 other).
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1 ‘‘(B) A crime involving obstruction of jus2 tice, tampering with or retaliating against a

3 witness, victim, or informant, or burglary.

4 ‘‘(C) A crime involving the manufacturing,

5 importing, distributing, possessing with intent

6 to distribute, or otherwise dealing in a con7 trolled substance or listed chemical (as those

8 terms are defined in section 102 of the Con9 trolled Substances Act (21 U.S.C. 802)).

10 ‘‘(D) Any conduct punishable under sec11 tion 844 (relating to explosive materials), sub12 section (a)(1), (d), (g)(1) (where the underlying

13 conviction is a violent felony (as defined in sec14 tion 924(e)(2)(B) of this title) or is a serious

15 drug offense (as defined in section

16 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5),

17 (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u),

18 or (x) of section 922 (relating to unlawful acts),

19 or subsection (b), (c), (g), (h), (k), (l), (m), or

20 (n) of section 924 (relating to penalties), sec21 tion 930 (relating to possession of firearms and

22 dangerous weapons in Federal facilities), sec23 tion 931 (relating to purchase, ownership, or

24 possession of body armor by violent felons), sec25 tions 1028 and 1029 (relating to fraud and re-
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1 lated activity in connection with identification

2 documents or access devices), section 1952 (re3 lating to interstate and foreign travel or trans4 portation in aid of racketeering enterprises),

5 section 1956 (relating to the laundering of

6 monetary instruments), section 1957 (relating

7 to engaging in monetary transactions in prop8 erty derived from specified unlawful activity), or

9 sections 2312 through 2315 (relating to inter10 state transportation of stolen motor vehicles or

11 stolen property).

12 ‘‘(E) Any conduct punishable under section

13 274 (relating to bringing in and harboring cer14 tain aliens), section 277 (relating to aiding or

15 assisting certain aliens to enter the United

16 States), or section 278 (relating to importation

17 of alien for immoral purpose) of the Immigra18 tion and Nationality Act.

19 ‘‘(3) AGGRAVATED SEXUAL ABUSE.—The term

20 ‘aggravated sexual abuse’ means an offense that, if

21 committed in the special maritime and territorial ju22 risdiction would be an offense under section 2241(a).

23 ‘‘(4) STATE.—The term ‘State’ means each of

24 the several States of the United States, the District
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1 of Columbia, and any commonwealth, territory, or

2 possession of the United States.’’.

3 (b) AMENDMENT RELATING TO PRIORITY OF FOR4 FEITURE OVER ORDERS FOR RESTITUTION.—Section

5 3663(c)(4) of title 18, United States Code, is amended

6 by striking ‘‘chapter 46 or chapter 96 of this title’’ and

7 inserting ‘‘section 521, under chapter 46 or 96,’’.

8 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of

9 title 18, United States Code, is amended by inserting ‘‘,

10 section 521 (relating to criminal street gang prosecu11 tions)’’ before ‘‘, section 541’’.

12 SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND

13 FOREIGN TRAVEL OR TRANSPORTATION IN

14 AID OF RACKETEERING.

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

16 amended—

17 (1) in subsection (a), by striking ‘‘perform’’ and

18 all that follows through the end of the subsection

19 and inserting ‘‘perform an act described in para20 graph (1), (2), or (3), or conspires to do so, shall

21 be punished as provided in subsection (d).’’; and

22 (2) by adding at the end following:

23 ‘‘(d) The punishment for an offense under subsection

24 (a) is—
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1 ‘‘(1) in the case of a violation of paragraph (1)

2 or (3), a fine under this title and imprisonment for

3 not less than 5 nor more than 20 years; and

4 ‘‘(2) in the case of a violation of paragraph (2),

5 a fine under this title and imprisonment for not less

6 than 10 nor more than 30 years, but if death results

7 the offender shall be sentenced to death, or to im8 prisonment for any term of years or for life.’’.

9 SEC. 103. AMENDMENTS RELATING TO VIOLENT CRIME.

10 (a) CARJACKING.—Section 2119 of title 18, United

11 States Code, is amended—

12 (1) by striking ‘‘, with the intent to cause death

13 or serious bodily harm’’ in the matter preceding

14 paragraph (1);

15 (2) by inserting ‘‘or conspires’’ after ‘‘at16 tempts’’ in the matter preceding paragraph (1);

17 (3) by striking ‘‘15’’ and inserting ‘‘20’’ in

18 paragraph (1); and

19 (4) by striking ‘‘or imprisoned not more than

20 25 years, or both’’ and inserting ‘‘and imprisoned

21 not less than 10 years nor more than 30 years’’ in

22 paragraph (2).

23 (b) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

24 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO-
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1 LENCE.—Section 924(h) of title 18, United States Code,

2 is amended to read as follows:

3 ‘‘(h) Whoever, in or affecting interstate or foreign

4 commerce, knowingly transfers a firearm, knowing or in5 tending that the firearm will be used to commit, or pos6 sessed in furtherance of, a crime of violence or drug traf7 ficking crime (as defined in subsection (c)(2)), shall be

8 fined under this title and imprisoned not less than 5 years

9 nor more than 20 years.’’.

10 (c) AMENDMENT OF SPECIAL SENTENCING PROVI11 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA12 TION.—Section 3582(d) of title 18, United States Code,

13 is amended—

14 (1) by inserting ‘‘section 521 (criminal street

15 gang prosecutions), in’’ after ‘‘felony set forth in’’;

16 (2) by striking ‘‘specified person, other than his

17 attorney, upon’’ and inserting ‘‘specified person

18 upon’’; and

19 (3) by inserting ‘‘a criminal street gang or’’ be20 fore ‘‘an illegal enterprise’’.

21 (d) CONSPIRACY PENALTY.—Section 371 of title 18,

22 United States Code, is amended by striking ‘‘five’’ and

23 inserting ‘‘20’’.
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1 SEC. 104. 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 (a) IN GENERAL.—Section 1958 of title 18, United

6 States Code, is amended—

7 (1) by striking the section heading and insert8 ing the following:

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

10 commission of murder-for-hire and other

11 felony crimes of violence’’;

12 (2) in subsection (a), by inserting ‘‘or other

13 crime of violence, punishable by imprisonment for

14 more than one year,’’ after ‘‘intent that a murder’’;

15 and

16 (3) in subsection (a), by striking ‘‘shall be

17 fined’’ the first place it appears and all that follows

18 through the end of such subsection and inserting the

19 following:

20 ‘‘shall, in addition to being subject to a fine under this

21 title—

22 ‘‘(1) if the crime of violence or conspiracy re23 sults in the death of any person, be sentenced to

24 death or life in prison;

25 ‘‘(2) if the crime of violence is kidnapping, ag26 gravated sexual abuse (as defined in section 521), or
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1 maiming, or a conspiracy to commit such a crime of

2 violence, be imprisoned for life or any term of years

3 not less than 30;

4 ‘‘(3) if the crime of violence is an assault, or a

5 conspiracy to assault, that results in serious bodily

6 injury (as defined in section 1365), be imprisoned

7 for life or any term of years not less than 20; and

8 ‘‘(4) in any other case, be imprisoned for life or

9 for any term of years not less than 10.’’.

10 (b) CLERICAL AMENDMENT.—The item relating to

11 section 1958 in the table of sections at the beginning of

12 chapter 95 of title 18, United States Code, is amended

13 to read as follows:

‘‘1958. Use of interstate commerce facilities in the commission of murder-forhire and other felony crimes of violence.’’.

14 SEC. 105. INCREASED PENALTIES FOR VIOLENT CRIMES IN

15 AID OF RACKETEERING ACTIVITY.

16 (a) OFFENSE.—Section 1959(a) of title 18, United

17 States Code, is amended to read as follows:

18 ‘‘(a) Whoever commits, or conspires, threatens, or at19 tempts to commit, a crime of violence, as consideration

20 for the receipt of, or as consideration for a promise or

21 agreement to pay, anything of pecuniary value from an

22 enterprise engaged in racketeering activity, or for the pur23 pose of furthering the activities of an enterprise engaged

24 in racketeering activity, or for the purpose of gaining en-
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1 trance to or maintaining or increasing position in, such

2 an enterprise, shall, unless the death penalty is otherwise

3 imposed, in addition and consecutive to the punishment

4 provided for any other violation of this chapter and in ad5 dition to being subject to a fine under this title—

6 ‘‘(1) if the crime of violence results in the death

7 of any person, be sentenced to death or life in pris8 on;

9 ‘‘(2) if the crime of violence is kidnapping, ag10 gravated sexual abuse (as defined in section 521), or

11 maiming, be imprisoned for life or any term of years

12 not less than 30;

13 ‘‘(3) if the crime of violence is assault resulting

14 in serious bodily injury (as defined in section 1365),

15 be imprisoned for life or for any term of years not

16 less than 20; and

17 ‘‘(4) in any other case, be imprisoned for life or

18 for any term of years not less than 10.’’.

19 (b) VENUE.—Section 1959 of title 18, United States

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

21 ‘‘(c) A prosecution for a violation of this section may

22 be brought in—

23 ‘‘(1) the judicial district in which the crime of

24 violence occurred; or
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1 ‘‘(2) any judicial district in which racketeering

2 activity of the enterprise occurred.’’.

3 SEC. 106. MURDER AND OTHER VIOLENT CRIMES COM4 MITTED DURING AND IN RELATION TO A

5 DRUG TRAFFICKING CRIME.

6 (a) IN GENERAL.—Part D of the Controlled Sub7 stances Act (21 U.S.C. 841 et seq.) is amended by adding

8 at the end the following:

9 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

10 DURING AND IN RELATION TO A DRUG TRAFFICKING

11 CRIME

12 ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or

13 conspires, or attempts to commit, a crime of violence dur14 ing and in relation to a drug trafficking crime, shall, un15 less the death penalty is otherwise imposed, in addition

16 and consecutive to the punishment provided for the drug

17 trafficking crime and in addition to being subject to a fine

18 under this title—

19 ‘‘(1) if the crime of violence results in the death

20 of any person, be sentenced to death or life in pris21 on;

22 ‘‘(2) if the crime of violence is kidnapping, ag23 gravated sexual abuse (as defined in section 521), or

24 maiming, be imprisoned for life or any term of years

25 not less than 30;
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1 ‘‘(3) if the crime of violence is assault resulting

2 in serious bodily injury (as defined in section 1365),

3 be imprisoned for life or any term of years not less

4 than 20; and

5 ‘‘(4) in any other case, be imprisoned for life or

6 for any term of years not less than 10.

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

8 section may be brought in—

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

10 other crime of violence occurred; or

11 ‘‘(2) any judicial district in which the drug traf12 ficking crime may be prosecuted.

13 ‘‘(c) DEFINITIONS.—As used in this section—

14 ‘‘(1) the term ‘crime of violence’ has the mean15 ing given that term in section 16 of title 18, United

16 States Code; and

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

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

19 18, United States Code.’’.

20 (b) CLERICAL AMENDMENT.—The table of contents

21 for the Comprehensive Drug Abuse Prevention and Con22 trol Act of 1970 is amended by inserting after the item

23 relating to section 423 the following:

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

to a drug trafficking crime.’’.
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1 SEC. 107. MULTIPLE INTERSTATE MURDER.

2 (a) OFFENSE.—Chapter 51 of title 18, United States

3 Code, is amended by adding at the end the following new

4 section:

5 ‘‘§ 1123. Use of interstate commerce facilities in the

6 commission of multiple murder

7 ‘‘(a) IN GENERAL.—Whoever travels in or causes an8 other (including the intended victim) to travel in interstate

9 or foreign commerce, or uses or causes another (including

10 the intended victim) to use the mail or any facility of inter11 state or foreign commerce, or who conspires or attempts

12 to do so, with intent that 2 or more intentional homicides

13 be committed in violation of the laws of any State or the

14 United States shall, in addition to being subject to a fine

15 under this title—

16 ‘‘(1) if the offense results in the death of any

17 person, be sentenced to death or life in prison;

18 ‘‘(2) if the offense results in serious bodily in19 jury (as defined in section 1365), be imprisoned for

20 life or any term of years not less than 20; and

21 ‘‘(3) in any other case, be imprisoned for life or

22 for any term of years not less than 10.

23 ‘‘(b) DEFINITION.—The term ‘State’ means each of

24 the several States of the United States, the District of

25 Columbia, and any commonwealth, territory, or possession

26 of the United States.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 51 of title 18, United States

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

‘‘1123. Use of interstate commerce facilities in the commission of multiple murder.’’.

4 SEC. 108. ADDITIONAL RACKETEERING ACTIVITY.

5 Section 1961(1) of title 18, United States Code, is

6 amended—

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

8 would have been so chargeable if the act or threat

9 had not been committed in Indian country (as de10 fined in section 1151) or in any other area of exclu11 sive Federal jurisdiction,’’ after ‘‘chargeable under

12 State law’’; and

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

14 1123 (relating to interstate murder),’’ after ‘‘section

15 1084 (relating to the transmission of gambling in16 formation),’’.

17 SEC. 109. EXPANSION OF REBUTTABLE PRESUMPTION

18 AGAINST RELEASE OF PERSONS CHARGED

19 WITH FIREARMS OFFENSES.

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

21 amended—

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

23 paragraph (3), by inserting ‘‘an offense under sub24 section (g)(1) (where the underlying conviction is a
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1 drug trafficking crime (as defined in section

2 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of

3 section 922, or a crime of violence,’’ after ‘‘that the

4 person committed’’; and

5 (2) in subsection (g), by amending paragraph

6 (1) to read as follows:

7 ‘‘(1) the nature and circumstances of the of8 fense charged, including whether the offense is a

9 crime of violence, or involves a controlled substance,

10 firearm, explosive, or destructive devise;’’.

11 SEC. 110. VENUE IN CAPITAL CASES.

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

13 amended to read as follows:

14 ‘‘§ 3235. Venue in capital cases

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

16 shall be held in the district where the offense was com17 mitted or in any district in which the offense began, con18 tinued, or was completed.

19 ‘‘(b) If the offense, or related conduct, under sub20 section (a) involves activities which affect interstate or for21 eign commerce, or the importation of an object or person

22 into the United States, such offense may be prosecuted

23 in any district in which those activities occurred.’’.
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1 SEC. 111. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

2 (a) IN GENERAL.—Chapter 213 of title 18, United

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

5 ‘‘§ 3298. Violent crime offenses

6 ‘‘No person shall be prosecuted, tried, or punished

7 for any noncapital felony, crime of violence, including any

8 racketeering activity or gang crime which involves any

9 crime of violence, unless the indictment is found or the

10 information is instituted not later than 15 years after the

11 date on which the alleged violation occurred or the con12 tinuing offense was completed.’’.

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

14 at the beginning of chapter 213 of title 18, United States

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

‘‘3298. Violent crime offenses.’’.

16 SEC. 112. MODIFICATION OF DEFINITION OF CRIME OF VIO17 LENCE.

18 Section 16(b) of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘(b) any other offense that is an offense pun21 ishable by imprisonment for more than one year and

22 that, by its nature, involves a substantial risk that

23 physical injury may result to the person or property

24 of another, or is an offense punishable under sub-
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1 paragraph (A), (B), or (C) of section 401(b)(1) of

2 the Controlled Substances Act.’’.

3 SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR

4 FORFEITURE BY WRONGDOING.

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

6 amended to read as follows:

7 ‘‘(6) FORFEITURE BY WRONGDOING.—A state8 ment offered against a party who has engaged or ac9 quiesced in wrongdoing, or who could reasonably

10 foresee such wrongdoing would take place, if the

11 wrongdoing was intended to, and did, procure the

12 unavailability of the declarant as a witness.’’.

13 SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF

14 FIREARMS IN CRIMES OF VIOLENCE AND

15 DRUG TRAFFICKING.

16 (a) IN GENERAL.—Section 924(c) of title 18, United

17 States Code, is amended—

18 (1) in paragraph (1)(A)—

19 (A) by striking ‘‘shall’’ and inserting ‘‘or

20 conspires to commit any of the above acts,

21 shall, for each instance in which the firearm is

22 used, carried, or possessed’’;

23 (B) in clause (i), by striking ‘‘5 years’’ and

24 inserting ‘‘7 years’’; and
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1 (C) by striking clauses (ii) and (iii) and in2 serting the following:

3 ‘‘(ii) if the firearm is discharged, be sen4 tenced to a term of imprisonment of not less

5 than 15 years; and

6 ‘‘(iii) if the firearm is used to wound, in7 jure, or maim another person, be sentenced to

8 a term of imprisonment of not less than 20

9 years.’’; and

10 (2) by striking paragraph (4).

11 (b) CONFORMING AMENDMENT.—Section 924 of title

12 18, United States Code, is amended by striking subsection

13 (o).

14 SEC. 115. TRANSFER OF JUVENILES.

15 The 4th undesignated paragraph of section 5032 of

16 title 18, United States Code, is amended—

17 (1) by striking ‘‘A juvenile’’ where it appears at

18 the beginning of the paragraph and inserting ‘‘Ex19 cept as otherwise provided in this chapter, a juve20 nile’’ ;

21 (2) by striking ‘‘as an adult, except that, with’’

22 and inserting ‘‘as an adult. With’’; and

23 (3) by striking ‘‘However, a juvenile’’ and all

24 that follows through ‘‘criminal prosecution.’’ at the

25 end of the paragraph and inserting ‘‘The Attorney
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1 General may prosecute as an adult a juvenile who is

2 alleged to have committed an act after that juve3 nile’s 16th birthday which if committed by an adult

4 would be a crime of violence that is a felony, an of5 fense described in subsection (d), (i), (j), (k), (o),

6 (p), (q), (u), or (x) of section 922 (relating to unlaw7 ful acts), or subsection (b), (c), (g), (h), (k), (l), (m),

8 or (n) of section 924 (relating to penalties), section

9 930 (relating to possession of firearms and dan10 gerous weapons in Federal facilities), or section 931

11 (relating to purchase, ownership, or possession of

12 body armor by violent felons). The decision whether

13 or not to prosecute a juvenile as an adult under the

14 immediately preceding sentence is not subject to ju15 dicial review in any court. In a prosecution under

16 that sentence, the juvenile may be prosecuted and

17 convicted as an adult for any other offense which is

18 properly joined under the Federal Rules of Criminal

19 Procedure, and may also be convicted as an adult of

20 any lesser included offense.’’.

21 SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL

22 PENALTIES.

23 The Attorney General is authorized to conduct media

24 campaigns in those areas designated as high intensity

25 interstate gang activity areas and those areas with existing
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1 and emerging problem with gangs, as needed, to educate

2 individuals there about the changes in criminal penalties

3 made by this Act, and to report to the Committee on the

4 Judiciary of the House of Representatives the amount of

5 expenditures and all other aspects of the media campaign.

6 SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NA7 TIONAL CRIME INFORMATION CENTER DATA8 BASE.

9 (a) PROVISION OF INFORMATION TO THE NCIC.—

10 Not later than 180 days after the date of enactment of

11 this Act, the Under Secretary for Border and Transpor12 tation Security of the Department of Homeland Security

13 shall provide the National Crime Information Center of

14 the Department of Justice with such information as the

15 Director may have on any and all aliens against whom

16 a final order of removal has been issued, any and all aliens

17 who have signed a voluntary departure agreement, and

18 any and all aliens who have overstayed their visa. Such

19 information shall be provided to the National Crime Infor20 mation Center regardless of whether or not the alien re21 ceived notice of a final order of removal and even if the

22 alien has already been removed.

23 (b) INCLUSION OF INFORMATION IN THE NCIC

24 DATABASE.—Section 534(a) of title 28, United States

25 Code, is amended—
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1 (1) in paragraph (3), by striking ‘‘and’’ at the

2 end;

3 (2) by redesignating paragraph (4) as para4 graph (5); and

5 (3) by inserting after paragraph (3) the fol6 lowing:

7 ‘‘(4) acquire, collect, classify, and preserve

8 records of violations of the immigration laws of the

9 United States, regardless of whether or not the alien

10 has received notice of the violation and even if the

11 alien has already been removed; and’’.

12 SEC. 118. CRIMES OF VIOLENCE AND DRUG CRIMES COM13 MITTED BY ILLEGAL ALIENS.

14 (a) OFFENSES.—Title 18, United States Code, is

15 amended by inserting after chapter 51 the following new

16 chapter:

17 ‘‘CHAPTER 52—ILLEGAL ALIENS

‘‘Sec.

‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens.

18 ‘‘§ 1131. Enhanced penalties for certain crimes com19 mitted by illegal aliens

20 ‘‘Whoever, being an alien who is unlawfully present

21 in the United States, commits, conspires or attempts to

22 commit, a crime of violence (as defined in section 16) or

23 a drug trafficking offense (as defined in section 924), shall

24 be fined under this title and sentenced to not less than
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1 5 years in prison. If the defendant was previously ordered

2 removed under the Immigration and Nationality Act on

3 the grounds of having committed a crime, the defendant

4 shall be sentenced to not less than 15 years in prison .

5 A sentence of imprisonment imposed under this section

6 shall run consecutively to any other sentence of imprison7 ment imposed for any other crime.’’.

8 (b) CLERICAL AMENDMENT.—The table of chapters

9 at the beginning of part I of title 18, United States Code,

10 is amended by inserting after the item relating to chapter

11 51 the following new item:

‘‘52. Illegal aliens ............................................................................... 1131’’.

12 SEC. 119. LISTING OF IMMIGRATION VIOLATORS IN THE NA13 TIONAL CRIME INFORMATION CENTER DATA14 BASE.

15 (a) PROVISION OF INFORMATION TO THE NCIC.—

16 Not later than 180 days after the date of enactment of

17 this Act, the Under Secretary for Border and Transpor18 tation Security of the Department of Homeland Security

19 shall provide the National Crime Information Center of

20 the Department of Justice with such information as the

21 Director may have on any and all aliens against whom

22 a final order of removal has been issued, and any and all

23 aliens who have signed a voluntary departure agreement.

24 Such information shall be provided to the National Crime

25 Information Center regardless of whether or not the alien
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1 received notice of a final order of removal and even if the

2 alien has already been removed.

3 (b) INCLUSION OF INFORMATION IN THE NCIC

4 DATABASE.—Section 534(a) of title 28, United States

5 Code, is amended—

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

7 end;

8 (2) by redesignating paragraph (4) as para9 graph (5); and

10 (3) by inserting after paragraph (3) the fol11 lowing:

12 ‘‘(4) acquire, collect, classify, and preserve

13 records of violations of the immigration laws of the

14 United States, regardless of whether or not the alien

15 has received notice of the violation and even if the

16 alien has already been removed; and’’.

17 SEC. 120. STUDY.

18 The Attorney General and the Secretary of Homeland

19 Security shall jointly conduct a study on the connection

20 between illegal immigration and gang membership and ac21 tivity, including how many of those arrested nationwide

22 for gang membership and violence are aliens illegally

23 present in the United States. The Attorney General and

24 the Secretary shall report the results of that study to Con-
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1 gress not later than one year after the date of the enact2 ment of this Act.

3 TITLE II—INCREASED FEDERAL

4 RESOURCES TO DETER AND

5 PREVENT AT-RISK YOUTH

6 FROM JOINING ILLEGAL

7 STREET GANGS

8 SEC. 201. 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.
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1 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

2 AREAS.—

3 (1) DESIGNATION.—The Attorney General,

4 after consultation with the Governors of appropriate

5 States, may designate as high intensity interstate

6 gang activity areas, specific areas that are located

7 within 1 or more States.

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

9 assistance to high intensity interstate gang activity

10 areas, the Attorney General shall—

11 (A) establish criminal street gang enforce12 ment teams, consisting of Federal, State, and

13 local law enforcement authorities, for the co14 ordinated investigation, disruption, apprehen15 sion, and prosecution of criminal street gangs

16 and offenders in each high intensity interstate

17 gang activity area;

18 (B) direct the reassignment or detailing

19 from any Federal department or agency (sub20 ject to the approval of the head of that depart21 ment or agency, in the case of a department or

22 agency other than the Department of Justice)

23 of personnel to each criminal street gang en24 forcement team;
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1 (C) provide all necessary funding for the

2 operation of the criminal street gang enforce3 ment team in each high intensity interstate

4 gang activity area; and

5 (D) provide all necessary funding for na6 tional and regional meetings of criminal street

7 gang enforcement teams, and all other related

8 organizations, as needed, to ensure effective op9 eration of such teams through the sharing of

10 intelligence, best practices and for any other re11 lated purpose.

12 (3) COMPOSITION OF CRIMINAL STREET GANG

13 ENFORCEMENT TEAM.—The team established pursu14 ant to paragraph (2)(A) shall consist of agents and

15 officers, where feasible, from—

16 (A) the Federal Bureau of Investigation;

17 (B) the Drug Enforcement Administration;

18 (C) the Bureau of Alcohol, Tobacco, Fire19 arms, and Explosives;

20 (D) the United States Marshals Service;

21 (E) the Directorate of Border and Trans22 portation Security of the Department of Home23 land Security;

24 (F) the Department of Housing and Urban

25 Development;
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1 (G) State and local law enforcement; and

2 (H) Federal, State, and local prosecutors.

3 (4) CRITERIA FOR DESIGNATION.—In consid4 ering an area for designation as a high intensity

5 interstate gang activity area under this section, the

6 Attorney General shall consider—

7 (A) the current and predicted levels of

8 gang crime activity in the area;

9 (B) the extent to which violent crime in

10 the area appears to be related to criminal street

11 gang activity, such as drug trafficking, murder,

12 robbery, assaults, carjacking, arson, kidnap13 ping, extortion, and other criminal activity;

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

15 enforcement agencies have committed resources

16 to—

17 (i) respond to the gang crime prob18 lem; and

19 (ii) participate in a gang enforcement

20 team;

21 (D) the extent to which a significant in22 crease in the allocation of Federal resources

23 would enhance local response to the gang crime

24 activities in the area; and
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1 (E) any other criteria that the Attorney

2 General considers to be appropriate.

3 (5) CONSULTATION REQUIRED.—The Attorney

4 General may not designate a high intensity inter5 state gang activity area without first consulting with

6 and receiving comment from local elected officials

7 representing communities within the State of pro8 posed designation.

9 (c) NATIONAL GANG INTELLIGENCE CENTER.—

10 (1) ESTABLISHMENT.—The Attorney General

11 shall establish a National Gang Intelligence Center

12 to be housed at and administered by the Federal

13 Bureau of Investigation to collect, analyze, and dis14 seminate gang activity information from—

15 (A) the Federal Bureau of Investigation;

16 (B) the Bureau of Alcohol, Tobacco, Fire17 arms, and Explosives;

18 (C) the Drug Enforcement Administration;

19 (D) the Bureau of Prisons;

20 (E) the United States Marshals Service;

21 (F) the Directorate of Border and Trans22 portation Security of the Department of Home23 land Security;

24 (G) the Department of Housing and Urban

25 Development;
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1 (H) State and local law enforcement;

2 (I) Federal, State, and local prosecutors;

3 (J) Federal, State, and local probation and

4 parole offices; and

5 (K) Federal, State, and local prisons and

6 jails.

7 (2) INFORMATION.—The Center established

8 under paragraph (1) shall make available the infor9 mation referred to in paragraph (1) to—

10 (A) Federal, State, and local law enforce11 ment agencies;

12 (B) Federal, State, and local corrections

13 agencies and penal institutions; and

14 (C) Federal, State, and local prosecutorial

15 agencies.

16 (3) ANNUAL REPORT.—The Center established

17 under paragraph (1) shall annually submit to Con18 gress a report on gang activity.

19 (d) NATIONAL AND REGIONAL GANG ACTIVITY

20 DATABASES.—

21 (1) DATABASES REQUIRED.—From amounts

22 made available to carry out this section, the Attor23 ney General shall establish—
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1 (A) for each high intensity interstate gang

2 activity area, a regional gang activity database;

3 and

4 (B) a national gang activity database that

5 replicates the information in the regional data6 bases.

7 (2) DESCRIPTION.—Each regional gang activity

8 database required by paragraph (1) shall—

9 (A) be designed to disseminate gang infor10 mation to law enforcement agencies throughout

11 the region;

12 (B) contain critical information on gangs,

13 gang members, firearms, criminal activities, ve14 hicles, and other information useful for inves15 tigators in solving gang-related crimes; and

16 (C) operate in a manner that enables law

17 enforcement agencies to—

18 (i) identify gang members involved in

19 crimes;

20 (ii) track the movement of gangs and

21 members throughout the region;

22 (iii) coordinate police response to

23 gang violence;

24 (iv) enhance officer safety;
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1 (v) provide realistic, up to date figures

2 and statistical data on gang crime and vio3 lence;

4 (vi) forecast trends and respond ac5 cordingly; and

6 (vii) more easily solve crimes and pre7 vent violence.

8 (e) ADDITIONAL ASSISTANT U.S. ATTORNEYS.—The

9 Attorney General is authorized to hire 94 additional As10 sistant United States attorneys to carry out the provisions

11 of this section. Each attorney hired under this subsection

12 shall be assigned to a high intensity interstate gang activ13 ity area.

14 (f) ADDITIONAL BATFE INSPECTORS AND

15 AGENTS.—The Attorney General, acting through the Di16 rector of the Bureau of Alcohol, Tobacco, Firearms, and

17 Explosives, is authorized to hire 100 additional inspectors

18 and 100 additional agents for the Bureau. Each inspector

19 and agent hired under this subsection shall be assigned

20 to a high intensity interstate gang activity area, for the

21 purpose of assisting local law enforcement agencies to pro22 vide more accurate and complete reports to the Bureau

23 of weapons used by gangs in the area.

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated—
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1 (1) $60,000,000 for each of the fiscal years

2 2006 through 2010 to carry out subsection (b);

3 (2) $7,500,000 for each of the fiscal years 2006

4 through 2010 to carry out subsection (e); and

5 (3) $20,000,000 for each of the fiscal years

6 2006 through 2010 to carry out subsection (f).

7 SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS TO

8 COMBAT VIOLENT CRIME AND TO PROTECT

9 WITNESSES AND VICTIMS OF CRIMES.

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

11 Crime Control and Law Enforcement Act of 1994 (42

12 U.S.C. 13862) is amended—

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

14 end;

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

16 the end and inserting a semicolon; and

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

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

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

20 and

21 ‘‘(B) reduce backlogs;

22 ‘‘(6) to fund technology, equipment, and train23 ing for prosecutors and law enforcement in order to

24 increase accurate identification of gang members

25 and violent offenders, and to maintain databases
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1 with such information to facilitate coordination

2 among law enforcement and prosecutors; and

3 ‘‘(7) to fund technology, equipment, and train4 ing for prosecutors to increase the accurate identi5 fication and successful prosecution of young violent

6 offenders.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

8 31707 of the Violent Crime Control and Law Enforcement

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

10 follows:

11 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated

13 $20,000,000 for each of the fiscal years 2006 through

14 2010 to carry out this subtitle.’’.

Passed the House of Representatives May 11, 2005.

Attest:

Clerk.