II 

Calendar No. 608 

108TH CONGRESS 

2D SESSION S. 1735 

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 

OCTOBER 15, 2003 

Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. GRASSLEY, Mr. GRAHAM of 

South Carolina, Mr. CHAMBLISS, Mr. CORNYN, Mr. SCHUMER, and Mr. 

BIDEN) 

JULY 6, 2004 

Reported by Mr. HATCH, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 
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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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Gang Prevention and Effective Deterrence Act of 2003’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CRIMINAL STREET GANG ABATEMENT ACT 

Sec. 100. Short title. 

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. 

Sec. 109. Sentencing guidelines for gang crimes, including an increase in offense level for participation in crime as a gang member. 

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. 
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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. 

Sec. 205. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 206. Clarification of definition of crime of violence. 

Sec. 207. Clarification to hearsay exception for forfeiture by wrongdoing. 

Sec. 208. Clarification of venue for retaliation against a witness. 

Sec. 209. Amendment of sentencing guidelines relating to certain gang and violent crimes. 

Sec. 210. Increased penalties for criminal use of firearms in crimes of violence 

and drug trafficking. 

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. Use of juvenile records. 

Sec. 306. Federal sentencing guidelines. 

1 TITLE I—CRIMINAL STREET 

2 GANG ABATEMENT ACT 

3 SEC. 100. SHORT TITLE. 

4 This title may be cited as the ‘‘Criminal Street Gang 

5 Abatement Act’’. 

6 Subtitle A—Criminal Law Reforms 

7 and Enhanced Penalties To 

8 Deter and Punish Illegal Street 

9 Gang Activity 

10 SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN 

11 CRIMINAL STREET GANG ACTIVITY. 

12 Chapter 26 of title 18, United States Code, is amend13 ed by adding at the end the following: 
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1 ‘‘§ 522. Recruitment of persons to participate in a 

2 criminal street gang 

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

4 person to use any facility in, or travel in, interstate or 

5 foreign commerce, or cause another to do so, in order to 

6 recruit, employ, solicit, induce, command, or cause another 

7 person to be or remain as a member of a criminal street 

8 gang, or conspire to do so, with the intent that the person 

9 being recruited, solicited, induced, commanded, or caused 

10 to be or remain a member of such gang participate in an 

11 offense described in section 521(b). 

12 ‘‘(b) PENALTIES.—Any person who violates sub13 section (a) shall— 

14 ‘‘(1) be imprisoned not more than 10 years, 

15 fined under this title, or both; and 

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

17 commanded, or caused to participate in a criminal 

18 street gang is a minor— 

19 ‘‘(A) be imprisoned for not less than 3 

20 years and not more than 10 years, fined under 

21 this title, or both; and 

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

23 judge, be liable for any costs incurred by the 

24 Federal Government, or by any State or local 

25 government, for housing, maintaining, and 
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1 treating the person until the person attains the 

2 age of 18 years.’’. 

3 SEC. 102. CRIMINAL STREET GANGS. 

4 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec5 tion 521 of title 18, United States Code, is amended to 

6 read as follows: 

7 ‘‘§ 521. Criminal street gang prosecutions 

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

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

10 ‘criminal street gang’ means a formal or informal 

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

12 more individuals, who act in concert, or agree to act 

13 in concert, with a purpose that any of these persons 

14 alone, or in any combination, commit or will commit, 

15 2 or more predicate gang crimes, 1 of which occurs 

16 after the date of enactment of The Gang Prevention 

17 and Effective Deterrence Act of 2003 and the last 

18 of which occurs not later than 10 years (excluding 

19 any period of imprisonment) after the commission of 

20 a prior predicate gang crime, provided that the ac21 tivities of the criminal street gang affect interstate 

22 or foreign commerce. 

23 ‘‘(2) PREDICATE GANG CRIME.—The term 

24 ‘predicate gang crime’ means— 
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1 ‘‘(A) any act or threat, or attempted act or 

2 threat, which is chargeable under Federal or 

3 State law and punishable by imprisonment for 

4 more than 1 year, involving murder, attempted 

5 murder, manslaughter, gambling, kidnapping, 

6 robbery, extortion, arson, obstruction of justice, 

7 tampering with or retaliating against a witness, 

8 victim, or informant, burglary, sexual assault, 

9 carjacking, or manufacturing, importing, distrib10 uting, possessing with intent to distribute, or 

11 otherwise dealing in a controlled substance or 

12 listed chemicals (as those terms are defined in 

13 section 102 of the Controlled Substances Act (21 

14 U.S.C. 802)); 

15 ‘‘(B) any act punishable by imprisonment 

16 for more than 1 year under section 844 (relat17 ing to explosive materials), section 922(g)(1) 

18 (where the underlying conviction is a serious 

19 violent felony (as defined in section 

20 3559(c)(2)(F) of this title) or is a serious drug 

21 offense (as defined in section 942(e)(2)(A) of 

22 this title), or subsection (a)(2), (b), (c), (g), or 

23 (h) of section 924 (relating to receipt, posses24 sion, and transfer of firearms), sections 1028 

25 and 1029 (relating to fraud and related activity 
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1 in connection with identification documents or 

2 access devices), section 1503 (relating to ob3 struction of justice), section 1510 (relating to 

4 obstruction of criminal investigations), section 

5 1512 (relating to tampering with a witness, vic6 tim, or informant), or section 1513 (relating to 

7 retaliating against a witness, victim, or inform8 ant), section 1951 (relating to interference with 

9 commerce, robbery or extortion), section 1952 

10 (relating to racketeering), section 1956 (relat11 ing to the laundering of monetary instruments), 

12 section 1957 (relating to engaging in monetary 

13 transactions in property derived from specified 

14 unlawful activity), section 1958 (relating to use 

15 of interstate commerce facilities in the commis16 sion of murder-for-hire), sections 2312 through 

17 2315 (relating to interstate transportation of 

18 stolen motor vehicles or stolen property); or 

19 ‘‘(C) any act involving the Immigration 

20 and Nationality Act, section 274 (relating to 

21 brining in and harboring certain aliens), section 

22 277 (relating to aiding or assisting certain 

23 aliens to enter the United States), or section 

24 278 (relating to importation of alien for im25 moral purpose). 
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1 ‘‘(3) STATE.—The term ‘State’ means each of 

2 the several States of the United States, the District 

3 of Columbia, and any commonwealth, territory, or 

4 possession of the United States. 

5 ‘‘(b) ILLEGAL PARTICIPATION IN CRIMINAL STREET

6 GANGS.—It shall be unlawful— 

7 ‘‘(1) to participate in a criminal street gang by 

8 committing, or conspiring or attempting to commit, 

9 2 or more predicate gang crimes— 

10 ‘‘(A) in furtherance or in aid of the activi11 ties of a criminal street gang; or 

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

13 to or maintaining or increasing position in such 

14 a gang; or 

15 ‘‘(2) to employ, use, command, counsel, per16 suade, induce, entice, or coerce any individual to 

17 commit, cause to commit, or facilitate the commis18 sion of, a predicate gang crime— 

19 ‘‘(A) in furtherance or in aid of the activi20 ties of a criminal street gang; or 

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

22 to or maintaining or increasing position in such 

23 a gang. 

24 ‘‘(c) PENALTIES.— 
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1 ‘‘(1) IMPRISONMENT OF UP TO 30 YEARS OR

2 LIFE.—Any person who violates paragraph (1) of 

3 subsection (b)— 

4 ‘‘(A) shall be imprisoned not more than 30 

5 years; 

6 ‘‘(B) if the violation is based on a predi7 cate gang crime for which the maximum pen8 alty includes life imprisonment, shall be impris9 oned for any term of years or for life; and 

10 ‘‘(C) if the person commits such a violation 

11 after 1 or more prior convictions for such a 

12 predicate gang crime, that is not part of the in13 stant violation, shall be imprisoned for any term 

14 of years not less than 15 years or for life. 

15 ‘‘(2) IMPRISONMENT OF UP TO 20 YEARS.— 

16 ‘‘(A) IN GENERAL.—A person who violates 

17 subsection (b)(2) shall be imprisoned for not 

18 more than 20 years, fined under this title, or 

19 both. 

20 ‘‘(B) SUBJECT IS A MINOR.—If the person 

21 who was the subject of the violation under sub22 section (b)(2) was less than 18 years of age at 

23 the time of the violation, the person committing 

24 the violation shall be imprisoned for not less 

25 than 10 years. 
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1 ‘‘(C) CONSECUTIVE TERMS.—A term of 

2 imprisonment under this paragraph shall run 

3 consecutively to any other term of imprison4 ment, including that imposed for any other vio5 lation of this chapter. 

6 ‘‘(3) ADDITIONAL PENALTIES.—In addition to 

7 any other penalty authorized by this section— 

8 ‘‘(A) a person who violates paragraph (1) 

9 or (2) of subsection (b), 1 of whose predicate 

10 gang crimes involves murder or conspiracy to 

11 commit murder which results in the taking of 

12 a life, shall be punished by death or by impris13 onment for any term of years or for life; 

14 ‘‘(B) a person who violates paragraph (1) 

15 or (2) of subsection (b), 1 of whose predicate 

16 gang crimes involves attempted murder or con17 spiracy to commit murder, shall be imprisoned 

18 for not more than 30 years; and 

19 ‘‘(C) a person who violates paragraph (1) 

20 or (2) of subsection (b), and who at the time 

21 of the offense occupied a position of organizer, 

22 leader, supervisor, manager, or other position of 

23 management in the criminal street gang in24 volved in such violation, shall be imprisoned for 
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1 any term of years not less than 15 years or for 

2 life. 

3 ‘‘(d) FORFEITURE.— 

4 ‘‘(1) IN GENERAL.—A person who violates any 

5 provision of this section shall, in addition to any 

6 other penalty and irrespective of any provision of 

7 State law, forfeit to the United States— 

8 ‘‘(A) any property constituting, or derived 

9 from, any proceeds the person obtained, directly 

10 or indirectly, as a result of the violation; 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, the violation. 

14 ‘‘(2) APPLICATION OF CONTROLLED SUB15 STANCES ACT.—Subsections (b), (c), (e), (f), (g), 

16 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 

17 413 of the Controlled Substances Act (21 U.S.C. 

18 853) shall apply to a forfeiture under this section.’’. 

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

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

21 Code, is amended to read as follows: 

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

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

23 CRIMINAL STREET GANGS. 

24 (a) VIOLENT CRIMES AND CRIMINAL STREET GANG

25 RECRUITMENT.—Chapter 26 of title 18, United States 
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1 Code, as amended by section 101, is amended by adding 

2 at the end the following: 

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

4 criminal street gang 

5 ‘‘(a) Any person who, in furtherance or in aid of a 

6 criminal street gang, murders, kidnaps, sexually assaults, 

7 maims, assaults with a dangerous weapon, commits as8 sault resulting in serious bodily injury upon, or threatens 

9 to commit a crime of violence against any individual, or 

10 attempts or conspires to do so, shall be punished, in addi11 tion and consecutive to the punishment provided for any 

12 other violation of this chapter— 

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

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

15 or both; 

16 ‘‘(2) for kidnapping or sexual assault, by im17 prisonment for any term of years or for life, a fine 

18 under this title, or both; 

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

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

21 both; 

22 ‘‘(4) for assault with a dangerous weapon or as23 sault resulting in serious bodily injury, by imprison24 ment for not more than 30 years, a fine under this 

25 title, or both; 
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1 ‘‘(5) for threatening to commit a crime of vio2 lence specified in paragraphs (1) through (4), by im3 prisonment for not more than 10 years, a fine under 

4 this title, or both; 

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

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

7 imprisonment for not more than 30 years, a fine 

8 under this title, or both; and 

9 ‘‘(7) for attempting or conspiring to commit a 

10 crime involving assault with a dangerous weapon or 

11 assault resulting in serious bodily injury, by impris12 onment for not more than 20 years, a fine under 

13 this title, or both. 

14 ‘‘(b) DEFINITIONS.—In this section: 

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

16 ‘criminal street gang’ has the same meaning as in 

17 section 521 of this title. 

18 ‘‘(2) MINOR.—The term ‘minor’ means a per19 son who is less than 18 years of age.’’. 

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

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

22 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.’’. 
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1 SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANS2 PORTATION IN AID OF CRIMINAL STREET 

3 GANGS. 

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

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘and thereafter performs 

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

9 thereafter performs, or attempts or conspires to 

10 perform’’; 

11 (B) by striking ‘‘5 years’’ and inserting 

12 ‘‘10 years’’; and 

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

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

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

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

17 (3) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) Whoever travels in interstate or foreign com20 merce or uses the mail or any facility in interstate or for21 eign commerce, with the intent to bribe, force, intimidate, 

22 or threaten any person, to delay or influence the testimony 

23 of, or prevent from testifying, a witness in a State criminal 

24 proceeding, or by any such means to cause any person to 

25 destroy, alter, or conceal a record, document, or other ob26 ject, with intent to impair the object’s integrity or avail-
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1 ability for use in such a proceeding, and thereafter per2 forms, or attempts or conspires to perform, an act de3 scribed in this subsection, shall— 

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

5 any term of years, or both; and 

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

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

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

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

10 retaliation against, a witness, victim, juror, or in11 formant,’’ after ‘‘extortion, bribery,’’. 

12 SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN 

13 AREAS OF EXCLUSIVE FEDERAL JURISDIC14 TION. 

15 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

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

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

18 intent to do bodily harm, and without just cause or ex19 cuse’’. 

20 (b) CONSPIRACY.—Section 371 of title 18, United 

21 States Code, is amended— 

22 (1) by striking ‘‘If two’’ and inserting ‘‘(a) If 

23 2’’; 

24 (2) by striking ‘‘each shall be fined under this 

25 title or imprisoned not more than five years, or 
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1 both.’’ and inserting the following: ‘‘each person 

2 shall— 

3 ‘‘(1) be fined or imprisoned, or both, as set 

4 forth in the specific substantive offense which was 

5 the object of the conspiracy; or 

6 ‘‘(2) if paragraph (1) does not apply, be fined 

7 under this title or imprisoned for not more than 10 

8 years, or both.’’; and 

9 (3) by striking ‘‘If, however,’’ and inserting 

10 ‘‘(b) If’’. 

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

12 United States Code, is amended by— 

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

14 years’’; and 

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

16 years’’. 

17 (d) OFFENSES COMMITTED WITHIN INDIAN COUN18 TRY.—Section 1153(a) of title 18, United States Code, is 

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

20 statutory term of imprisonment under section 1363 is 

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

22 109A,’’. 

23 (e) RACKETEER INFLUENCED AND CORRUPT ORGA24 NIZATIONS.—Section 1961(1) of title 18, United States 

25 Code, is amended— 
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1 (1) in subparagraph (A), by inserting ‘‘, or 

2 would have been so chargeable if the act or threat 

3 (other than gambling) had not been committed in 

4 Indian country (as defined in section 1151) or in 

5 any other area of exclusive Federal jurisdiction,’’ 

6 after ‘‘chargeable under State law’’; and 

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

8 1123 (relating to interstate murder),’’ after ‘‘section 

9 1084 (relating to the transmission of wagering infor10 mation),’’. 

11 (f) CARJACKING.—Section 2119 of title 18, United 

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

13 cause death or serious bodily harm’’. 

14 (g) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

15 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO16 LENCE.—Section 924(h) of title 18, United States Code, 

17 is amended to read as follows: 

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

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

20 to commit, or possessed in furtherance of, a crime of vio21 lence or drug trafficking crime, shall be imprisoned for 

22 not more than 10 years, fined under this title, or both.’’. 

23 (h) AMENDMENT OF SPECIAL SENTENCING PROVI24 SION.—Section 3582(d) of title 18, United States Code, 

25 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 (i) 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 (j) 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, in furtherance or in aid of an 

13 enterprise engaged in racketeering activity, murders, kid14 naps, sexually assaults, maims, assaults with a dangerous 

15 weapon, commits assault resulting in serious bodily injury 

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

17 any individual in violation of the laws of any State or the 

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

19 punished, in addition and consecutive to the punishment 

20 provided for any other violation of this chapter— 

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

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

23 or both; 
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1 ‘‘(2) for kidnapping or sexual assault, by im2 prisonment for any term of years or for life, a fine 

3 under this title, or both; 

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

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

6 both; 

7 ‘‘(4) for assault with a dangerous weapon or as8 sault resulting in serious bodily injury, by imprison9 ment for not more than 30 years, a fine under this 

10 title, or both; 

11 ‘‘(5) for threatening to commit a crime of vio12 lence, by imprisonment for not more than 10 years, 

13 a fine under this title, or both; 

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

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

16 imprisonment for not more than 30 years, a fine 

17 under this title, or both; and 

18 ‘‘(7) for attempting or conspiring to commit as19 sault with a dangerous weapon or assault which 

20 would result in serious bodily injury, by imprison21 ment for not more than 20 years, a fine under this 

22 title, or both.’’. 
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1 SEC. 108. MURDER AND OTHER VIOLENT CRIMES COM2 MITTED DURING AND IN RELATION TO A 

3 DRUG TRAFFICKING CRIME. 

4 (a) IN GENERAL.—Part D of the Controlled Sub5 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

8 DURING AND IN RELATION TO A DRUG TRAFFICKING

9 CRIME

10 ‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur11 ing and in relation to any drug trafficking crime, murders, 

12 kidnaps, sexually assaults, maims, assaults with a dan13 gerous weapon, commits assault resulting in serious bodily 

14 injury upon, or threatens to commit a crime of violence 

15 against, any individual, or attempts or conspires to do so, 

16 shall be punished, in addition and consecutive to the pun17 ishment provided for the drug trafficking crime— 

18 ‘‘(1) in the case of murder, by death or impris19 onment for any term of years or for life, a fine 

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

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

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

23 a fine under such title 18, or both; 

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

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

26 title 18, or both; 
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1 ‘‘(4) in the case of assault with a dangerous 

2 weapon or assault resulting in serious bodily injury, 

3 by imprisonment not more than 30 years, a fine 

4 under such title 18, or both; 

5 ‘‘(5) in the case of threatening to commit a 

6 crime of violence specified in paragraphs (1) through 

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

8 fine under such title 18, or both; 

9 ‘‘(6) in the case of attempting or conspiring to 

10 commit murder, kidnapping, maiming, or sexual as11 sault, by imprisonment for not more than 30 years, 

12 a fine under such title 18, or both; and 

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

14 commit a crime involving assault with a dangerous 

15 weapon or assault resulting in serious bodily injury, 

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

17 under such title 18, or both. 

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

19 section may be brought in— 

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

21 other crime of violence occurred; or 

22 ‘‘(2) any judicial district in which the drug traf23 ficking crime may be prosecuted. 

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

25 A defendant who has been found guilty of an offense under 
24 

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

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

3 United States Code. 

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

5 ‘‘(1) the term ‘crime of violence’ has the mean6 ing given that term in section 924(c)(3) of title 18, 

7 United States Code; and 

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

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

10 18, United States Code.’’. 

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

12 for the Controlled Substances Act is amended by inserting 

13 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.’’. 

14 SEC. 109. SENTENCING GUIDELINES FOR GANG CRIMES, IN15 CLUDING AN INCREASE IN OFFENSE LEVEL 

16 FOR PARTICIPATION IN CRIME AS A GANG 

17 MEMBER. 

18 Pursuant to its authority under section 994(p) of title 

19 28, United States Code, the United States Sentencing 

20 Commission shall amend the Federal sentencing guidelines 

21 to eliminate the policy statement in section 5K2.18 of the 

22 guidelines regarding section 521 of title 18, United States 

23 Code, and instead provide a base offense level in chapter 

24 2 of the guidelines for offenses described in sections 521, 
25 

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1 522, and 523 of title 18, United States Code, that reflects 

2 the seriousness of these offenses. Such guidelines shall in3 clude an appropriate enhancement (which shall be in addi4 tion to any other adjustment under chapter 3 of the Fed5 eral Sentencing guidelines) for any offense described in 

6 section 521, 522, or 523 if the offense was committed in 

7 furtherance or in aid of the activities of a criminal street 

8 gang. 

9 Subtitle B—Increased Federal Re10 sources To Deter and Prevent 

11 at-Risk Youth From Joining Ille12 gal Street Gangs 

13 SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN14 TENSITY’’ INTERSTATE GANG ACTIVITY 

15 AREAS. 

16 (a) DEFINITIONS.—In this section the following defi17 nitions shall apply: 

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

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

20 of Columbia. 

21 (2) HIGH INTENSITY INTERSTATE GANG ACTIV22 ITY AREA.—The term ‘‘high intensity interstate 

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

24 that is designated as a high intensity interstate gang 

25 activity area under subsection (b)(1). 
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1 (3) STATE.—The term ‘‘State’’ means a State 

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

3 any commonwealth, territory, or possession of the 

4 United States. 

5 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

6 AREAS.— 

7 (1) DESIGNATION.—The Attorney General, 

8 after consultation with the Governors of appropriate 

9 States, may designate as high intensity interstate 

10 gang activity areas, specific areas that are located 

11 within 1 or more States. 

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

13 assistance to high intensity interstate gang activity 

14 areas, the Attorney General shall— 

15 (A) establish criminal street gang enforce16 ment teams, consisting of Federal, State, and 

17 local law enforcement authorities, for the co18 ordinated investigation, disruption, apprehen19 sion, and prosecution of criminal street gangs 

20 and offenders in each high intensity interstate 

21 gang activity area; 

22 (B) direct the reassignment or detailing 

23 from any Federal department or agency (sub24 ject to the approval of the head of that depart25 ment or agency, in the case of a department or 
27 

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1 agency other than the Department of Justice) 

2 of personnel to each criminal street gang en3 forcement team; and 

4 (C) provide all necessary funding for the 

5 operation of the criminal street gang enforce6 ment team in each high intensity interstate 

7 gang activity area. 

8 (3) COMPOSITION OF CRIMINAL STREET GANG

9 ENFORCEMENT TEAM.—The team established pursu10 ant to paragraph (2)(A) shall consist of agents and 

11 officers, where feasible, from— 

12 (A) the Federal Bureau of Investigation; 

13 (B) the Drug Enforcement Administration; 

14 (C) the Bureau of Alcohol, Tobacco, Fire15 arms, and Explosives; 

16 (D) the United States Marshal’s Service; 

17 (E) the Directorate of Border and Trans18 portation Security of the Department of Home19 land Security; 

20 (F) the Department of Housing and Urban 

21 Development; 

22 (G) State and local law enforcement; and 

23 (H) State and local prosecutors. 

24 (4) CRITERIA FOR DESIGNATION.—In consid25 ering an area for designation as a high intensity 
28 

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1 interstate gang activity area under this section, the 

2 Attorney General shall consider— 

3 (A) the current and predicted levels of 

4 gang crime activity in the area; 

5 (B) the extent to which violent crime in 

6 the area appears to be related to criminal street 

7 gang activity, such as drug trafficking, murder, 

8 robbery, assaults, carjacking, arson, kidnap9 ping, extortion, and other criminal activity; 

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

11 enforcement agencies have committed resources 

12 to— 

13 (i) respond to the gang crime prob14 lem; and 

15 (ii) participate in a gang enforcement 

16 team; 

17 (D) the extent to which a significant in18 crease in the allocation of Federal resources 

19 would enhance local response to the gang crime 

20 activities in the area; and 

21 (E) any other criteria that the Attorney 

22 General considers to be appropriate. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) IN GENERAL.—There are authorized to be 

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

3 years 2004 to 2008 to carry out this section. 

4 (2) USE OF FUNDS.—Of amounts made avail5 able under paragraph (1) in each fiscal year— 

6 (A) 60 percent shall be used to carry out 

7 subsection (b)(2); and 

8 (B) 40 percent shall be used to make 

9 grants available for community-based programs 

10 to provide crime prevention, research, and 

11 intervention services that are designed for gang 

12 members and at-risk youth in areas designated 

13 pursuant to this section as high intensity inter14 state gang activity areas. 

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.—The Attorney General shall ex20 pand the Project Safe Neighborhoods program to require 

21 each United States attorney to— 

22 (1) identify, investigate, and prosecute signifi23 cant criminal street gangs operating within their dis24 trict; 
30 

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1 (2) coordinate the identification, investigation, 

2 and prosecution of criminal street gangs among Fed3 eral, State, and local law enforcement agencies; and 

4 (3) coordinate and establish criminal street 

5 gang enforcement teams, established under section 

6 101(b), in high intensity interstate gang activity 

7 areas within a United States attorney’s district. 

8 (b) ADDITIONAL ASSISTANT UNITED STATES ATTOR9 NEYS FOR PROJECT SAFE NEIGHBORHOODS.— 

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

11 hire 94 additional Assistant United States attorneys 

12 to carry out the provisions of this section. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

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

15 for each of the fiscal years 2004 through 2008 to 

16 carry out this section. 

17 SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FED18 ERAL BUREAU OF INVESTIGATION TO INVES19 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

20 STREET GANGS. 

21 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

22 The Attorney General shall require the Federal Bureau 

23 of Investigation to— 

24 (1) increase funding for the Safe Streets Pro25 gram; and 
31 

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1 (2) support the criminal street gang enforce2 ment teams, established under section 110(b), in 

3 designated high intensity interstate gang activity 

4 areas. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—In addition to amounts oth7 erwise authorized, there are authorized to be appro8 priated to the Federal Bureau of Investigation 

9 $5,000,000 for each of the fiscal years 2004 through 

10 2008 to carry out the Safe Streets Program. 

11 (2) AVAILABILITY.—Any amounts appropriated 

12 pursuant to paragraph (1) shall remain available 

13 until expended. 

14 SEC. 113. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

15 COMBAT VIOLENT CRIME AND TO PROTECT 

16 WITNESSES AND VICTIMS OF CRIMES. 

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

18 Crime Control and Law Enforcement Act of 1994 (42 

19 U.S.C. 13862) is amended— 

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

21 end; 

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

23 the end and inserting a semicolon; and 

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

25 ‘‘(5) to hire additional prosecutors to— 
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1 ‘‘(A) allow more cases to be prosecuted; 

2 and 

3 ‘‘(B) reduce backlogs; 

4 ‘‘(6) to fund programs that enable prosecutors 

5 to more effectively address drug, gang and youth vi6 olence, and other violent crime problems; 

7 ‘‘(7) to fund technology, equipment, and train8 ing for prosecutors to increase the accurate identi9 fication and successful prosecution of young violent 

10 offenders; 

11 ‘‘(8) to assist prosecutors in community pros12 ecution, problem solving, and conflict resolution 

13 techniques through collaborative efforts with police, 

14 school officials, probation officers, social service 

15 agencies, and community organizers; and 

16 ‘‘(9) to create and expand witness and victim 

17 protection programs to prevent threats, intimidation, 

18 and retaliation against victims of, and witnesses to, 

19 violent crimes.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 31707 of the Violent Crime Control and Law Enforcement 

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

23 follows: 
33 

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1 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated 

3 $20,000,000 for each of the fiscal years 2004 through 

4 2008 to carry out this subtitle.’’. 

5 TITLE II—VIOLENT CRIME RE6 FORMS NEEDED TO DETER 

7 AND PREVENT ILLEGAL GANG 

8 CRIME 

9 SEC. 201. MULTIPLE INTERSTATE MURDER. 

10 Part I of chapter 51 of title 18, United States Code, 

11 is amended by adding at the end the following new section: 

12 ‘‘SEC. 1123. USE OF INTERSTATE COMMERCE FACILITIES IN 

13 THE COMMISSION OF MULTIPLE MURDER. 

14 ‘‘(a) IN GENERAL.—Any person who travels in or 

15 causes another (including the intended victim) to travel 

16 in interstate or foreign commerce, or uses or causes an17 other (including the intended victim) to use the mail or 

18 any facility in interstate or foreign commerce, with intent 

19 that 2 or more murders be committed in violation of the 

20 laws of any State or the United States, or who conspires 

21 to do so— 

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

23 for not more than 30 years, or both; 

24 ‘‘(2) if personal injury results, shall be fined 

25 under this title, imprisoned for not more than 30 

26 years, or both; and 
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1 ‘‘(3) if death results, may be fined not more 

2 than $250,000 under this title, and shall be pun3 ished by death or imprisoned for any term of years 

4 or for life. 

5 ‘‘(b) DEFINITIONS.—As used in this section: 

6 ‘‘(1) FACILITY IN INTERSTATE COMMERCE.— 

7 The term ‘facility in interstate commerce’ includes 

8 means of transportation and communication. 

9 ‘‘(2) STATE.—The term ‘State’ means each of 

10 the several States of the United States, the District 

11 of Columbia, and any commonwealth, territory, or 

12 possession of the United States.’’. 

13 SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION 

14 AGAINST RELEASE OF PERSONS CHARGED 

15 WITH FIREARMS OFFENSES. 

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

17 amended— 

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

19 paragraph (3)— 

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

21 922(g)(1) where the underlying conviction is a 

22 serious drug offense as defined in section 

23 924(e)(2)(A) of title 18, United States Code, 

24 for which a period of not more than 10 years 

25 has elapsed since the date of the conviction or 
35 

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1 the release of the person from imprisonment, 

2 whichever is later, or is a serious violent felony 

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

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

5 committed’’; and 

6 (B) by inserting ‘‘or’’ before ‘‘the Mari7 time’’; and 

8 (2) in paragraph (g), by amending paragraph 

9 (1) to read as follows: 

10 ‘‘(1) the nature and circumstances of the of11 fense charged, including whether the offense is a 

12 crime of violence, an offense involves a drug, fire13 arm, explosive, or destructive devise;’’. 

14 SEC. 203. VENUE IN CAPITAL CASES. 

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

16 amended to read as follows: 

17 ‘‘§ 3235. Venue in capital cases 

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

19 shall be held in the district where the offense was com20 mitted or in any district in which the offense began, con21 tinued, or was completed. 

22 ‘‘(b) If the offense, or related conduct, under sub23 section (a) involves activities which affect interstate or for24 eign commerce, or the importation of an object or person 
36 

•S 1735 RS 

1 into the United States, such offense may be prosecuted 

2 in any district in which those activities occurred.’’. 

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

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3296. Violent crime offenses 

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

9 for any noncapital felony, crime of violence (as defined in 

10 section 16), including any racketeering activity or gang 

11 crime which involves any violent crime, unless the indict12 ment is found or the information is instituted not later 

13 than— 

14 ‘‘(1) 10 years after the date on which the al15 leged violation occurred; 

16 ‘‘(2) 10 years after the date on which the con17 tinuing offense was completed; or 

18 ‘‘(3) 8 years after the date on which the alleged 

19 violation was first discovered.’’. 

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

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

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

‘‘3296. Violent crime offenses.’’. 
37 

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1 SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF 

2 INTERCEPTION OF WIRE, ORAL, AND ELEC3 TRONIC COMMUNICATIONS. 

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

5 amended— 

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

7 (2) by redesignating paragraph (r) as para8 graph (u); and 

9 (3) by inserting after paragraph (q) the fol10 lowing: 

11 ‘‘(r) any violation of section 424 of the Con12 trolled Substances Act (relating to murder and other 

13 violent crimes in furtherance of a drug trafficking 

14 crime); 

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

16 States Code (relating to interstate murder); 

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

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

19 SEC. 206. CLARIFICATION OF DEFINITION OF CRIME OF VI20 OLENCE. 

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

22 amended to read as follows: 

23 ‘‘(b) any other offense that is a felony and that, by 

24 its nature, involves a substantial risk of physical force or 

25 injury against the person or property of another.’’. 
38 

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1 SEC. 207. CLARIFICATION TO HEARSAY EXCEPTION FOR 

2 FORFEITURE BY WRONGDOING. 

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

4 amended to read as follows: 

5 ‘‘(6) FORFEITURE BY WRONGDOING. A state6 ment offered against a party that has engaged or ac7 quiesced in wrongdoing or such wrongdoing was rea8 sonably foreseeable as part of a conspiracy of which 

9 the party was a member, that was intended to, and 

10 did, procured the unavailability of the declarant as 

11 a witness.’’. 

12 SEC. 208. CLARIFICATION OF VENUE FOR RETALIATION 

13 AGAINST A WITNESS. 

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

15 amended by— 

16 (1) redesignating subsection (e) beginning with 

17 ‘‘Who conspires’’ as subsection (f); and 

18 (2) adding at the end the following: 

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

20 in the district in which the official proceeding (whether 

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

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

23 the conduct constituting the alleged offense occurred.’’. 
39 

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1 SEC. 209. AMENDMENT OF SENTENCING GUIDELINES RE2 LATING TO CERTAIN GANG AND VIOLENT 

3 CRIMES. 

4 (a) DIRECTIVE TO THE UNITED STATES SEN5 TENCING COMMISSION.—Pursuant to its authority under 

6 section 994(p) of title 28, United States Code, and in ac7 cordance with this section, the United States Sentencing 

8 Commission shall review and, if appropriate, amend its 

9 guidelines and its policy statements to conform to the pro10 visions of this title. 

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

12 the Sentencing Commission shall— 

13 (1) establish new guidelines and policy state14 ments, as warranted, in order to implement new or 

15 revised criminal offenses created under this title; 

16 (2) ensure that the sentencing guidelines and 

17 policy statements reflect the serious nature of the of18 fenses and the penalties set forth in this title, the 

19 growing incidence of serious gang and violent 

20 crimes, and the need to modify the sentencing guide21 lines and policy statements to deter, prevent, and 

22 punish such offenses; 

23 (3) consider the extent to which the guidelines 

24 and policy statements adequately address— 
40 

•S 1735 RS 

1 (A) whether the guideline offense levels 

2 and enhancements for gang and violent 

3 crimes— 

4 (i) are sufficient to deter and punish 

5 such offenses; and 

6 (ii) are adequate in view of the statu7 tory increases in penalties contained in the 

8 Act; and 

9 (B) whether any existing or new specific 

10 offense characteristics should be added to re11 flect congressional intent to increase gang and 

12 violent crime penalties, punish offenders, and 

13 deter gang and violent crime; 

14 (4) assure reasonable consistency with other 

15 relevant directives and with other sentencing guide16 lines; 

17 (5) account for any additional aggravating or 

18 mitigating circumstances that might justify excep19 tions to the generally applicable sentencing ranges; 

20 (6) make any necessary conforming changes to 

21 the sentencing guidelines; and 

22 (7) assure that the guidelines adequately meet 

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

24 of title 18, United States Code. 
41 

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1 SEC. 210. INCREASED PENALTIES FOR CRIMINAL USE OF 

2 FIREARMS IN CRIMES OF VIOLENCE AND 

3 DRUG TRAFFICKING. 

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

5 United States Code, is amended— 

6 (1) by striking ‘‘shall’’ and inserting ‘‘or con7 spires to commit any of the above acts, shall, for 

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

9 or possessed,’’; 

10 (2) in clause (i), by striking ‘‘5 years’’ and in11 serting ‘‘7 years’’; 

12 (3) by striking clause (ii); 

13 (4) by striking clause (iii) and inserting the fol14 lowing: 

15 ‘‘(ii) if the firearm is discharged, be sentenced 

16 to a term of imprisonment of not less than 15 

17 years’’; and 

18 (5) by inserting at the end the following: 

19 ‘‘(iii) if the firearm is used to wound, injure, or 

20 maim another person, be sentenced to a term of im21 prisonment of not less than 20 years; and 

22 ‘‘(iv) if the death of a person results from the 

23 use of the firearm, be punished by death or life im24 prisonment.’’. 
42 

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

2 18, United States Code, is amended by striking subsection 

3 (o). 

4 SEC. 211. CONFORMING AMENDMENT. 

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

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

7 ‘‘, transfer,’’ after ‘‘sell’’. 

8 TITLE III—JUVENILE CRIME RE9 FORM FOR VIOLENT OFFEND10 ERS 

11 SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS. 

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

13 States Code, is amended to read as follows: 

14 ‘‘§ 5032. Delinquency proceedings in district courts; 

15 juveniles tried as adults; transfer for 

16 criminal prosecution 

17 ‘‘(a) DELINQUENCY PROCEEDINGS IN DISTRICT

18 COURTS.— 

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

20 committed an act of juvenile delinquency, other than 

21 a violation of law committed within the special mari22 time and territorial jurisdiction of the United States 

23 for which the maximum authorized term of impris24 onment does not exceed 6 months, shall not be pro25 ceeded against in any court of the United States un-
43 

•S 1735 RS 

1 less the Attorney General, after investigation, cer2 tifies to the appropriate district court of the United 

3 States that— 

4 ‘‘(A) the juvenile court or other appro5 priate court of a State does not have jurisdic6 tion or refuses to assume jurisdiction over that 

7 juvenile with respect to such alleged act of juve8 nile delinquency; 

9 ‘‘(B) the State does not have available pro10 grams and services adequate for the needs of 

11 juveniles; or 

12 ‘‘(C) there is a substantial Federal interest 

13 in the case or the offense to warrant the exer14 cise of Federal jurisdiction. 

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

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

17 juvenile shall be surrendered to the appropriate legal 

18 authorities of such State. 

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

20 juvenile delinquent is not surrendered to the authori21 ties of a State pursuant to this section, any pro22 ceedings against him shall be in an appropriate dis23 trict court of the United States. For such purposes, 

24 the court may be convened at any time and place 

25 within the district, in chambers or otherwise. The 
44 

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1 Attorney General shall proceed by information or as 

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

3 no criminal prosecution shall be instituted for the al4 leged act of juvenile delinquency except as provided 

5 below. 

6 ‘‘(b) TRANSFER FOR FEDERAL CRIMINAL PROSECU7 TION.— 

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

9 have committed an act of juvenile delinquency and 

10 who is not surrendered to State authorities shall be 

11 proceeded against under this chapter unless— 

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

13 upon advice of counsel to be proceeded against 

14 as an adult; 

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

16 and older alleged to have committed an act 

17 after his fifteenth birthday which if committed 

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

19 of violence or an offense described in section 

20 401 of the Controlled Substances Act (21 

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

22 of the Controlled Substances Import and Ex23 port Act (21 U.S.C. 952(a), 955, 959), or sec24 tion 922(x) of this title, or in section 924 (b), 

25 (g), or (h) of this title, the Attorney General 
45 

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1 makes a motion to transfer the criminal pros2 ecution on the basis of the alleged act in the 

3 appropriate district court of the United States 

4 and the court finds, after hearing, such transfer 

5 would be in the interest of justice as provided 

6 in paragraph (2); or 

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

8 and older alleged to have committed an act 

9 after his thirteenth birthday which if committed 

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

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

12 1113, or, if the juvenile possessed a firearm 

13 during the offense, an offense under section 

14 2111, 2113, 2241(a), or 2241(c), the Attorney 

15 General makes a motion to transfer the crimi16 nal prosecution on the basis of the alleged act 

17 in the appropriate district court of the United 

18 States and the court finds, after hearing, such 

19 transfer would be in the interest of justice as 

20 provided in paragraph (2). 

21 Notwithstanding sections 1152 and 1153, no person 

22 subject to the criminal jurisdiction of an Indian trib23 al government shall be subject to subparagraph (C) 

24 for any offense the Federal jurisdiction for which is 

25 predicated solely on Indian country (as defined in 
46 

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1 section 1151), and which has occurred within the 

2 boundaries of such Indian country, unless the gov3 erning body of the tribe has elected that the pre4 ceding sentence have effect over land and persons 

5 subject to its criminal jurisdiction. 

6 ‘‘(2) FACTORS.— 

7 ‘‘(A) IN GENERAL.—Evidence of the fol8 lowing factors shall be considered, and findings 

9 with regard to each factor shall be made in the 

10 record, in assessing whether a transfer under 

11 subparagraph (B) or (C) of paragraph (1) 

12 would be in the interest of justice: 

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

14 the juvenile. 

15 ‘‘(ii) The nature of the alleged of16 fense. 

17 ‘‘(iii) The extent and nature of the ju18 venile’s prior delinquency record. 

19 ‘‘(iv) The juvenile’s present intellec20 tual development and psychological matu21 rity. The nature of past treatment efforts 

22 and the juvenile’s response to such efforts. 

23 ‘‘(v) The availability of programs de24 signed to treat the juvenile’s behavioral 

25 problems. 
47 

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1 ‘‘(B) NATURE OF THE OFFENSE.—In con2 sidering the nature of the offense, as required 

3 by this paragraph, the court shall consider the 

4 extent to which the juvenile played a leadership 

5 role in an organization, or otherwise influenced 

6 other persons to take part in criminal activities, 

7 involving the use or distribution of controlled 

8 substances or firearms. Such a factor, if found 

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

10 adult status, but the absence of this factor shall 

11 not preclude such a transfer. 

12 ‘‘(C) NOTICE.—Reasonable notice of the 

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

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

15 the juvenile’s parents, guardian, or custodian 

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

17 be assisted by counsel during the transfer hear18 ing, and at every other critical stage of the pro19 ceedings. 

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

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

22 act on or after his sixteenth birthday which if committed 

23 by an adult would be a felony offense that has an element 

24 thereof the use, attempted use, or threatened use of phys25 ical force against the person of another, or that, by its 
48 

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1 very nature, involves a substantial risk that physical force 

2 against the person of another, or would be an offense de3 scribed in section 32, 81, 844(d), (e), (f), (h), (i), or 2275 

4 of this title, subsection (b)(1) (a), (b), or (c), (d) or (e) 

5 of section 401 of the Controlled Substances Act, or section 

6 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the 

7 Controlled Substances Import and Export Act (21 U.S.C. 

8 952(a), 953, 959, 960(b) (1), (2), (3)), and who has pre9 viously been found guilty of an act which if committed by 

10 an adult would have been one of the offenses set forth 

11 in this paragraph or an offense in violation of a State fel12 ony statute that would have been such an offense if a cir13 cumstance giving rise to Federal jurisdiction had existed, 

14 shall be transferred to the appropriate district court of 

15 the United States for criminal prosecution. 

16 ‘‘(d) FILING BY UNITED STATES ATTORNEY

17 AGAINST JUVENILES CHARGED AS ADULTS.— 

18 ‘‘(1) IN GENERAL.—The United States attorney 

19 may charge as an adult a juvenile alleged to have 

20 committed an act on or after the day the juvenile at21 tains the age of 16 years which if committed by an 

22 adult would be a serious violent felony as described 

23 in section 3559 (c)(2) and (c)(3). 

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

25 under this subsection the juvenile may be prosecuted 
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1 and convicted as an adult for any other offense 

2 which is properly joined under the Federal Rules of 

3 Criminal Procedure, and may also be convicted as an 

4 adult of a lesser included offense. 

5 ‘‘(3) REVIEWABILITY.—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 ‘‘(e) PROCEEDINGS.— 

10 ‘‘(1) SUBSEQUENT PROCEEDING BARRED.— 

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

12 proceeding has reached the stage that evidence has 

13 begun to be taken with respect to a crime or an al14 leged act of juvenile delinquency subsequent criminal 

15 prosecution or juvenile proceedings based upon such 

16 alleged act of delinquency shall be barred. 

17 ‘‘(2) STATEMENTS.—Statements made by a ju18 venile prior to or during a transfer hearing under 

19 this section shall not be admissible at subsequent 

20 criminal prosecutions except for impeachment pur21 poses or in a prosecution for perjury or making a 

22 false statement. 

23 ‘‘(3) FURTHER PROCEEDINGS.—Whenever a ju24 venile transferred to district court under subsection 

25 (b) or (c) is not convicted of the crime upon which 
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1 the transfer was based or another crime which would 

2 have warranted transfer had the juvenile been ini3 tially charged with that crime, further proceedings 

4 concerning the juvenile shall be conducted pursuant 

5 to the provisions of this chapter. 

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

7 not be transferred to adult prosecution under sub8 section (b) nor shall a hearing be held under section 

9 5037 (disposition after a finding of juvenile delin10 quency) until any prior juvenile court records of 

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

12 clerk of the juvenile court has certified in writing 

13 that the juvenile has no prior record, or that the ju14 venile’s record is unavailable and why it is unavail15 able. 

16 ‘‘(5) SPECIFIC ACTS DESCRIBED.—Whenever a 

17 juvenile is adjudged delinquent pursuant to the pro18 visions of this chapter, the specific acts which the ju19 venile has been found to have committed shall be de20 scribed as part of the official record of the pro21 ceedings and part of the juvenile’s official record. 

22 ‘‘(f) STATE.—For purposes of this section, the term 

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

24 of Columbia, and any commonwealth, territory, or posses25 sion of the United States.’’. 
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1 (b) CONFORMING AMENDMENTS.—The analysis for 

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

3 by striking the item relating to section 5032 and inserting 

4 the following: 

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

transfer for criminal prosecution.’’. 

5 SEC. 302. NOTIFICATION AFTER ARREST. 

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

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

8 notify the Attorney General and’’ and inserting ‘‘imme9 diately, or as soon as practicable thereafter, notify the 

10 United States attorney of the appropriate jurisdiction and 

11 shall promptly take reasonable steps to notify’’. 

12 SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSI13 TION. 

14 (a) DUTIES OF MAGISTRATE.—Section 5034 of title 

15 18, United States Code, is amended— 

16 (1) in the first undesignated paragraph, by 

17 striking ‘‘The magistrate shall insure’’ and inserting 

18 the following: 

19 ‘‘(a) IN GENERAL.— 

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

21 magistrate shall ensure’’; 

22 (2) in the second undesignated paragraph, by 

23 striking ‘‘The magistrate may appoint’’ and insert24 ing the following: 
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1 ‘‘(2) GUARDIAN AD LITEM.—The magistrate 

2 may appoint’’; 

3 (3) in the third undesignated paragraph, by 

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

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

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

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

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

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

10 tried as an adult under section 5032, shall be re11 leased pending trial in accordance with the applica12 ble provisions of chapter 207. 

13 ‘‘(2) CONDITIONS.—A release under paragraph 

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

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

16 sanctions for violation of a release condition, as pro17 vided for an adult under chapter 207. 

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

19 ON RELEASE.— 

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

21 committed, while on release under this section, an 

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

23 Federal criminal offense, shall be subject to prosecu24 tion under section 5032. 
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1 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.— 

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

3 tried as an adult under section 5032 for an offense 

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

5 (b) DETENTION PRIOR TO DISPOSITION.—Section 

6 5035 of title 18, United States Code, is amended— 

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

8 following: 

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

10 (b), a juvenile’’; and 

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

12 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—A juve13 nile who is to be tried as an adult under section 5032 

14 shall be subject to detention in accordance with chapter 

15 207.’’. 

16 SEC. 304. SPEEDY TRIAL. 

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

18 amended to read as follows: 

19 ‘‘§ 5036. Speedy trial 

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

21 to be proceeded against as a juvenile pursuant to section 

22 5032 and who is in detention pending trial, is not brought 

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

24 detention began, the information shall be dismissed on mo-
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1 tion of the alleged delinquent or at the direction of the 

2 court. 

3 ‘‘(b) PERIODS OF EXCLUSION.—The periods of exclu4 sion under section 3161(h) shall apply to this section. 

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

6 whether an information should be dismissed with or with7 out prejudice, the court shall consider— 

8 ‘‘(1) the seriousness of the alleged act of juve9 nile delinquency; 

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

11 that led to the dismissal; and 

12 ‘‘(3) the impact of a reprosecution on the ad13 ministration of justice.’’. 

14 SEC. 305. USE OF JUVENILE RECORDS. 

15 Section 5038 of title 18, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(g) In any case in which a juvenile is tried as an 

18 adult in Federal court, the Federal criminal record of the 

19 juvenile shall be made available in the same manner as 

20 is applicable to the Federal criminal records of adult de21 fendants.’’. 

22 SEC. 306. FEDERAL SENTENCING GUIDELINES. 

23 (a) APPLICATION OF GUIDELINES TO CERTAIN JU24 VENILE DEFENDANTS.—Section 994(h) of title 28, United 

25 States Code, is amended by inserting ‘‘, or in which the 
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1 defendant is a juvenile who is tried as an adult,’’ after 

2 ‘‘old or older’’. 

3 (b) GUIDELINES FOR JUVENILE CASES.—Section 

4 994 of title 28, United States Code, is amended by adding 

5 at the end the following: 

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

7 than 1 year after the date of enactment of the Act, the 

8 Commission, pursuant to its rules and regulations and 

9 consistent with all pertinent provisions of any Federal 

10 statute, shall promulgate and distribute, to all courts of 

11 the United States and to the United States Probation Sys12 tem, guidelines, as described in this section, for use by 

13 a sentencing court in determining the sentence to be im14 posed in a criminal case if the defendant committed the 

15 offense as a juvenile, and is tried as an adult pursuant 

16 to section 5032 of title 18.’’. 

17 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

19 ‘‘Gang Prevention and Effective Deterrence Act of 2004’’. 

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

21 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. 
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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. 

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. 
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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 perva6 sive problems at the national, State, and local level; 

7 (2) the crime rate is exacerbated by the associa8 tion of persons in gangs to commit acts of violence 

9 and drug offenses; 

10 (3) according to the most recent National Drug 

11 Threat Assessment, criminal street gangs are respon12 sible for the distribution of much of the cocaine, meth13 amphetamine, heroin, and other illegal drugs being 

14 distributed in rural and urban communities through15 out the United States; 

16 (4) gangs commit acts of violence or drug of17 fenses for numerous motives, such as membership in 

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

19 and for profit; 

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

21 free flow of commerce in local businesses and directly 

22 affects the freedom and security of communities 

23 plagued by gang activity; 

24 (6) gangs often recruit and utilize minors to en25 gage in acts of violence and other serious offenses out 
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1 of a belief that the criminal justice systems are more 

2 lenient on juvenile offenders; 

3 (7) gangs often intimidate and threaten wit4 nesses to prevent successful prosecutions; 

5 (8) gang recruitment can be deterred through in6 creased vigilance, strong criminal penalties, equal 

7 partnerships with State and local law enforcement, 

8 and proactive intervention efforts, particularly tar9 geted at juveniles, prior to gang involvement; 

10 (9) State and local prosecutors, in hearings be11 fore the Committee on the Judiciary of the Senate, en12 listed the help of Congress in the prevention, inves13 tigation, and prosecution of gang crimes and in the 

14 protection of witnesses and victims of gang crimes; 

15 and 

16 (10) because State and local prosecutors and law 

17 enforcement have the expertise, experience, and con18 nection to the community that is needed to combat 

19 gang violence, consultation and coordination between 

20 Federal, State, and local law enforcement is critical 

21 to the successful prosecutions of criminal street gangs. 
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1 Subtitle A—Criminal Law Reforms 

2 and Enhanced Penalties To 

3 Deter and Punish Illegal Street 

4 Gang Activity 

5 SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN 

6 CRIMINAL STREET GANG ACTIVITY. 

7 Chapter 26 of title 18, United States Code, is amended 

8 by adding at the end the following: 

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

10 criminal street gang 

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

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

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

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

15 to cause that person to participate in an offense described 

16 in section 521(a). 

17 ‘‘(b) DEFINITION.—In this section: 

18 ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi19 nal street gang’ shall have the same meaning as in 

20 section 521(a) of this title. 

21 ‘‘(2) MINOR.—The term ‘minor’ means a person 

22 who is less than 18 years of age. 

23 ‘‘(c) PENALTIES.—Any person who violates subsection 

24 (a) shall— 
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1 ‘‘(1) be imprisoned not more than 5 years, fined 

2 under this title, or both; or 

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

4 commanded, or caused to participate or remain in a 

5 criminal street gang is under the age of 18— 

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

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

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

9 judge, be liable for any costs incurred by the 

10 Federal Government, or by any State or local 

11 government, for housing, maintaining, and treat12 ing the person until the person attains the age 

13 of 18 years.’’. 

14 SEC. 102. CRIMINAL STREET GANGS. 

15 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec16 tion 521 of title 18, United States Code, is amended to read 

17 as follows: 

18 ‘‘§ 521. Criminal street gang prosecutions 

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

20 ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi21 nal street gang’ means a formal or informal group, 

22 club, organization, or association of 3 or more indi23 viduals, who individually, jointly, or in combination, 

24 have committed or attempted to commit for the direct 

25 or indirect benefit of, at the direction of, in further-
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1 ance of, or in association with the group, club organi2 zation, or association at least 2 separate acts, each of 

3 which is a predicate gang crime, 1 of which occurs 

4 after the date of enactment of the Gang Prevention 

5 and Effective Deterrence Act of 2004 and the last of 

6 which occurs not later than 10 years (excluding any 

7 period of imprisonment) after the commission of a 

8 prior predicate gang crime, and 1 predicate gang 

9 crime is a crime of violence or involves manufac10 turing, importing, distributing, possessing with intent 

11 to distribute, or otherwise dealing in a controlled sub12 stance or listed chemicals (as those terms are defined 

13 in section 102 of the Controlled Substances Act (21 

14 U.S.C. 802)) provided that the activities of the crimi15 nal street gang affect interstate or foreign commerce, 

16 or involve the use of any facility of, or travel in, 

17 interstate or foreign commerce. 

18 ‘‘(2) PREDICATE GANG CRIME.—The term ‘predi19 cate gang crime’ means— 

20 ‘‘(A) any act, threat, conspiracy, or at21 tempted act, which is chargeable under Federal 

22 or State law and punishable by imprisonment 

23 for more than 1 year involving— 

24 ‘‘(i) murder; 

25 ‘‘(ii) manslaughter; 
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1 ‘‘(iii) maiming; 

2 ‘‘(iv) assault with a dangerous weapon; 

3 ‘‘(v) assault resulting in serious bodily 

4 injury; 

5 ‘‘(vi) gambling; 

6 ‘‘(vii) kidnapping; 

7 ‘‘(viii) robbery; 

8 ‘‘(ix) extortion; 

9 ‘‘(x) arson; 

10 ‘‘(xi) obstruction of justice; 

11 ‘‘(xii) tampering with or retaliating 

12 against a witness, victim, or informant; 

13 ‘‘(xiii) burglary; 

14 ‘‘(xiv) sexual assault (which means 

15 any offense that involves conduct that would 

16 violate chapter 109A if the conduct occurred 

17 in the special maritime and territorial ju18 risdiction); 

19 ‘‘(xv) carjacking; or 

20 ‘‘(xvi) manufacturing, importing, dis21 tributing, possessing with intent to dis22 tribute, or otherwise dealing in a controlled 

23 substance or listed chemicals (as those terms 

24 are defined in section 102 of the Controlled 

25 Substances Act (21 U.S.C. 802)); 
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1 ‘‘(B) any act punishable by imprisonment 

2 for more than 1 year under— 

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

4 materials); 

5 ‘‘(ii) section 922(g)(1) (where the un6 derlying conviction is a violent felony (as 

7 defined in section 924(e)(2)(B) of this title) 

8 or is a serious drug offense (as defined in 

9 section 924(e)(2)(A) of this title)); 

10 ‘‘(iii) subsection (a)(2), (b), (c), (g), or 

11 (h) of section 924 (relating to receipt, pos12 session, and transfer of firearms); 

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

14 to fraud and related activity in connection 

15 with identification documents or access de16 vices); 

17 ‘‘(v) section 1503 (relating to obstruc18 tion of justice); 

19 ‘‘(vi) section 1510 (relating to obstruc20 tion of criminal investigations); 

21 ‘‘(vii) section 1512 (relating to tam22 pering with a witness, victim, or inform23 ant), or section 1513 (relating to retaliating 

24 against a witness, victim, or informant); 
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1 ‘‘(viii) section 1708 (relating to theft of 

2 stolen mail matter); 

3 ‘‘(ix) section 1951 (relating to inter4 ference with commerce, robbery or extor5 tion); 

6 ‘‘(x) section 1952 (relating to racket7 eering); 

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

9 laundering of monetary instruments); 

10 ‘‘(xii) section 1957 (relating to engag11 ing in monetary transactions in property 

12 derived from specified unlawful activity); 

13 ‘‘(xiii) section 1958 (relating to use of 

14 interstate commerce facilities in the com15 mission of murder-for-hire); or 

16 ‘‘(xiv) sections 2312 through 2315 (re17 lating to interstate transportation of stolen 

18 motor vehicles or stolen property); or 

19 ‘‘(C) any act involving the Immigration 

20 and Nationality Act, section 274 (relating to 

21 bringing in and harboring certain aliens), sec22 tion 277 (relating to aiding or assisting certain 

23 aliens to enter the United States), or section 278 

24 (relating to importation of alien for immoral 

25 purpose). 
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1 ‘‘(3) STATE.—The term ‘State’ means each of the 

2 several States of the United States, the District of Co3 lumbia, and any commonwealth, territory, or posses4 sion of the United States. 

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

6 It shall be unlawful— 

7 ‘‘(1) to commit, or conspire or attempt to com8 mit a predicate crime— 

9 ‘‘(A) in furtherance or in aid of the activi10 ties of a criminal street gang; 

11 ‘‘(B) for the purpose of gaining entrance to 

12 or maintaining or increasing position in such a 

13 gang; or 

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

15 criminal street gang, or in association with the 

16 criminal street gang; or 

17 ‘‘(2) to employ, use, command, counsel, persuade, 

18 induce, entice, or coerce any individual to commit, 

19 cause to commit, or facilitate the commission of, a 

20 predicate gang crime— 

21 ‘‘(A) in furtherance or in aid of the activi22 ties of a criminal street gang; 

23 ‘‘(B) for the purpose of gaining entrance to 

24 or maintaining or increasing position in such a 

25 gang; or 
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1 ‘‘(C) for the direct or indirect benefit or the 

2 criminal street gang, or in association with the 

3 criminal street gang. 

4 ‘‘(c) PENALTIES.—Whoever violates paragraphs (1) or 

5 (2) of subsection (b)— 

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

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

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

9 crime for which the maximum penalty includes life 

10 imprisonment, shall be fined under this title, impris11 oned for any term of years or for life, or both. 

12 ‘‘(d) FORFEITURE.— 

13 ‘‘(1) IN GENERAL.—The court, in imposing sen14 tence on a person who is convicted of an offense under 

15 this section, shall order that the defendant forfeit to 

16 the United States— 

17 ‘‘(A) any property, real or personal, consti18 tuting or traceable to gross proceeds obtained 

19 from such offense; and 

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

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

22 facilitate the commission of such violation. 

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

24 set forth in section 413 of the Controlled Substances 

25 Act (21 U.S.C. 853), other than subsection (d) of that 
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1 section, and in rule 32.2 of the Federal Rules of 

2 Criminal Procedure, shall apply to all stages of a 

3 criminal forfeiture proceeding under this section. 

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

5 forfeiture under paragraph (1) may be forfeited in a 

6 civil case pursuant to the procedures set forth in 

7 chapter 46 of this title.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of chapter 26 of title 18, United States Code, 

10 is amended to read as follows: 

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

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

12 CRIMINAL STREET GANGS. 

13 (a) VIOLENT CRIMES AND CRIMINAL STREET GANG

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

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

16 at the end the following: 

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

18 criminal street gang 

19 ‘‘(a) Any person who, for the purpose of gaining en20 trance to or maintaining or increasing position in, or in 

21 furtherance or in aid of, or for the direct or indirect benefit 

22 of, or in association with a criminal street gang, or as con23 sideration for the receipt of, or as consideration for a prom24 ise or agreement to pay, anything of pecuniary value to 

25 or from a criminal street gang, murders, kidnaps, sexually 
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1 assaults (which means any offense that involved conduct 

2 that would violate chapter 109A if the conduct occurred in 

3 the special maritime and territorial jurisdiction), maims, 

4 assaults with a dangerous weapon, commits assault result5 ing in serious bodily injury upon, commits any other crime 

6 of violence or threatens to commit a crime of violence 

7 against any individual, or attempts or conspires to do so, 

8 shall be punished, in addition and consecutive to the pun9 ishment provided for any other violation of this chapter— 

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

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

12 or both; 

13 ‘‘(2) for kidnapping or sexual assault, by impris14 onment for any term of years or for life, a fine under 

15 this title, or both; 

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

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

18 both; 

19 ‘‘(4) for assault with a dangerous weapon or as20 sault resulting in serious bodily injury, by imprison21 ment for not more than 30 years, a fine under this 

22 title, or both; 

23 ‘‘(5) for any other crime of violence, by impris24 onment for not more than 20 years, a fine under this 

25 title, or both; 
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1 ‘‘(6) for threatening to commit a crime of vio2 lence specified in paragraphs (1) through (4), by im3 prisonment for not more than 10 years, a fine under 

4 this title, or both; 

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

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

7 imprisonment for not more than 30 years, a fine 

8 under this title, or both; and 

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

10 crime involving assault with a dangerous weapon or 

11 assault resulting in serious bodily injury, by impris12 onment for not more than 20 years, a fine under this 

13 title, or both. 

14 ‘‘(b) DEFINITION.—In this section, the term ‘criminal 

15 street gang’ has the same meaning as in section 521 of this 

16 title.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of chapter 26 of title 18, United States Code, 

19 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.’’. 

20 SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANS21 PORTATION IN AID OF RACKETEERING EN22 TERPRISES AND CRIMINAL STREET GANGS. 

23 Section 1952 of title 18, United States Code, is amend24 ed— 
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1 (1) in subsection (a)— 

2 (A) by striking ‘‘and thereafter performs or 

3 attempts to perform’’ and inserting ‘‘and there4 after performs, or attempts or conspires to per5 form’’; 

6 (B) by striking ‘‘5 years’’ and inserting ‘‘10 

7 years’’; and 

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

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

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

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

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) Whoever travels in interstate or foreign commerce 

15 or uses the mail or any facility in interstate or foreign com16 merce, with the intent to kill, assault, bribe, force, intimi17 date, or threaten any person, to delay or influence the testi18 mony of, or prevent from testifying, a witness in a State 

19 criminal proceeding and thereafter performs, or attempts 

20 or conspires to perform, an act described in this subsection, 

21 shall— 

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

23 term of years, or both; and 

24 ‘‘(2) if death results, be punished by death or im25 prisonment for any term of years or for life.’’; and 
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1 (4) in subsection (c)(2), as redesignated under 

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

3 retaliation against, a witness, victim, juror, or in4 formant,’’ after ‘‘extortion, bribery,’’. 

5 SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN 

6 AREAS OF EXCLUSIVE FEDERAL JURISDIC7 TION. 

8 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

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

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

11 intent to do bodily harm, and without just cause or ex12 cuse,’’. 

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

14 United States Code, is amended by— 

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

16 years’’; and 

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

18 years’’. 

19 (c) OFFENSES COMMITTED WITHIN INDIAN COUN20 TRY.—Section 1153(a) of title 18, United States Code, is 

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

22 statutory term of imprisonment under section 1363 is great23 er than 5 years,’’ after ‘‘a felony under chapter 109A,’’. 
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1 (d) RACKETEER INFLUENCED AND CORRUPT ORGANI2 ZATIONS.—Section 1961(1) of title 18, United States Code, 

3 is amended— 

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

5 would have been so chargeable if the act or threat 

6 (other than lawful forms of gambling) had not been 

7 committed in Indian country (as defined in section 

8 1151) or in any other area of exclusive Federal juris9 diction,’’ after ‘‘chargeable under State law’’; and 

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

11 1123 (relating to multiple interstate murder),’’ after 

12 ‘‘section 1084 (relating to the transmission of wager13 ing information),’’. 

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

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

16 cause death or serious bodily harm’’. 

17 (f) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

18 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO19 LENCE.—Section 924(h) of title 18, United States Code, is 

20 amended to read as follows: 

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

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

23 to commit, or possessed in furtherance of, a crime of vio24 lence (as defined in subsection (c)(3)) or drug trafficking 
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1 crime (as defined in subsection (c)(2)), shall be imprisoned 

2 for not more than 10 years, fined under this title, or both.’’. 

3 (g) AMENDMENT OF SPECIAL SENTENCING PROVI4 SION.—Section 3582(d) of title 18, United States Code, is 

5 amended— 

6 (1) by striking ‘‘chapter 95 (racketeering) or 96 

7 (racketeer influenced and corrupt organizations) of 

8 this title’’ and inserting ‘‘section 521 (criminal street 

9 gangs) or 522 (violent crimes in furtherance or in aid 

10 of criminal street gangs), in chapter 95 (racketeering) 

11 or 96 (racketeer influenced and corrupt organiza12 tions),’’; and 

13 (2) by inserting ‘‘a criminal street gang or’’ be14 fore ‘‘an illegal enterprise’’. 

15 (h) CONFORMING AMENDMENT RELATING TO ORDERS

16 FOR RESTITUTION.—Section 3663(c)(4) of title 18, United 

17 States Code, is amended by striking ‘‘chapter 46 or chapter 

18 96 of this title’’ and inserting ‘‘section 521, under chapter 

19 46 or 96,’’. 

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

21 person subject to the criminal jurisdiction of an Indian 

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

23 18, United States Code, for any offense for which Federal 

24 jurisdiction is solely predicated on Indian country (as de25 fined in section 1151 of such title 18) and which occurs 
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1 within the boundaries of such Indian country unless the 

2 governing body of such Indian tribe elects to subject the per3 sons under the criminal jurisdiction of the tribe to section 

4 3559(e) of such title 18. 

5 SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE 

6 COMMERCE FACILITIES IN THE COMMISSION 

7 OF MURDER-FOR-HIRE AND OTHER FELONY 

8 CRIMES OF VIOLENCE. 

9 Section 1958 of title 18, United States Code, is amend10 ed— 

11 (1) by striking the header and inserting the fol12 lowing: 

13 ‘‘§ 1958. Use of interstate commerce facilities in the 

14 commission of murder-for-hire and other 

15 felony crimes of violence’’; 

16 and 

17 (2) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) Any person who travels in or causes another (in20 cluding the intended victim) to travel in interstate or for21 eign commerce, or uses or causes another (including the in22 tended victim) to use the mail or any facility in interstate 

23 or foreign commerce, with intent that a murder or other 

24 felony crime of violence be committed in violation of the 

25 laws of any State or the United States as consideration for 
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1 the receipt of, or as consideration for a promise or agree2 ment to pay, anything of pecuniary value, or who conspires 

3 to do so— 

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

5 imprisoned not more than 20 years; 

6 ‘‘(2) if personal injury results, may be fined 

7 under this title and shall be imprisoned for not more 

8 than 30 years; and 

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

10 $250,000, and shall be punished by death or impris11 oned for any term of years or for life, or both.’’. 

12 SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

13 AID OF RACKETEERING ACTIVITY. 

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

15 amended to read as follows: 

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

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

18 anything of pecuniary value from an enterprise engaged in 

19 racketeering activity, or for the purpose of gaining entrance 

20 to or maintaining or increasing position in an enterprise 

21 engaged in racketeering activity, or in furtherance or in 

22 aid of an enterprise engaged in racketeering activity, mur23 ders, kidnaps, sexually assaults (which means any offense 

24 that involved conduct that would violate chapter 109A if 

25 the conduct occurred in the special maritime and territorial 
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1 jurisdiction), maims, assaults with a dangerous weapon, 

2 commits assault resulting in serious bodily injury upon, or 

3 threatens to commit a crime of violence against any indi4 vidual in violation of the laws of any State or the United 

5 States, or attempts or conspires to do so, shall be punished, 

6 in addition and consecutive to the punishment provided for 

7 any other violation of this chapter— 

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

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

10 or both; 

11 ‘‘(2) for kidnapping or sexual assault, by impris12 onment for any term of years or for life, a fine under 

13 this title, or both; 

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

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

16 both; 

17 ‘‘(4) for assault with a dangerous weapon or as18 sault resulting in serious bodily injury, by imprison19 ment for not more than 30 years, a fine under this 

20 title, or both; 

21 ‘‘(5) for threatening to commit a crime of vio22 lence, by imprisonment for not more than 10 years, 

23 a fine under this title, or both; 

24 ‘‘(6) 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 ‘‘(7) for attempting or conspiring to commit as4 sault with a dangerous weapon or assault which 

5 would result in serious bodily injury, by imprison6 ment for not more than 20 years, a fine under this 

7 title, or both.’’. 

8 SEC. 108. MURDER AND OTHER VIOLENT CRIMES COM9 MITTED DURING AND IN RELATION TO A 

10 DRUG TRAFFICKING CRIME. 

11 (a) IN GENERAL.—Part D of the Controlled Substances 

12 Act (21 U.S.C. 841 et seq.) is amended by adding at the 

13 end the following: 

14 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

15 DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME

16 ‘‘SEC. 424. (a) IN GENERAL.—Any person who, during 

17 and in relation to any drug trafficking crime, murders, kid18 naps, sexually assaults (which means any offense that in19 volved conduct that would violate chapter 109A if the con20 duct occurred in the special maritime and territorial juris21 diction), maims, assaults with a dangerous weapon, com22 mits assault resulting in serious bodily injury upon, com23 mits any other crime of violence or threatens to commit a 

24 crime of violence against, any individual, or attempts or 

25 conspires to do so, shall be punished, in addition and con-
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1 secutive to the punishment provided for the drug trafficking 

2 crime— 

3 ‘‘(1) in the case of murder, by death or impris4 onment for any term of years or for life, a fine under 

5 title 18, United States Code, or both; 

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

7 by imprisonment for any term of years or for life, a 

8 fine under such title 18, or both; 

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

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

11 title 18, or both; 

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

13 weapon or assault resulting in serious bodily injury, 

14 by imprisonment not more than 30 years, a fine 

15 under such title 18, or both; 

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

17 of violence, by imprisonment for not more than 20 

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

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

20 of violence specified in paragraphs (1) through (4), by 

21 imprisonment for not more than 10 years, a fine 

22 under such title 18, or both; 

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

24 commit murder, kidnapping, maiming, or sexual as-
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1 sault, by imprisonment for not more than 30 years, 

2 a fine under such title 18, or both; and 

3 ‘‘(8) in the case of attempting or conspiring to 

4 commit a crime involving assault with a dangerous 

5 weapon or assault resulting in serious bodily injury, 

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

7 under such title 18, or both. 

8 ‘‘(b) VENUE.—A prosecution for a violation of this sec9 tion may be brought in— 

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

11 other crime of violence occurred; or 

12 ‘‘(2) any judicial district in which the drug traf13 ficking crime may be prosecuted. 

14 ‘‘(c) APPLICABLE DEATH PENALTY PROCEDURES.—A 

15 defendant who has been found guilty of an offense under 

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

17 be subject to the provisions of chapter 228 of title 18, United 

18 States Code. 

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

20 ‘‘(1) the term ‘crime of violence’ has the meaning 

21 given that term in section 16 of title 18, United 

22 States Code; and 

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

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

25 18, United States Code.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents for 

2 the Controlled Substances Act is amended by inserting after 

3 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 defini12 tions shall apply: 

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

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

15 Columbia. 

16 (2) HIGH INTENSITY INTERSTATE GANG ACTIVITY

17 AREA.—The term ‘‘high intensity interstate gang ac18 tivity area’’ means an area within a State that is 

19 designated as a high intensity interstate gang activity 

20 area under subsection (b)(1). 

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

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

23 commonwealth, territory, or possession of the United 

24 States. The term ‘‘State’’ shall include an ‘‘Indian 
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1 tribe’’, as defined by section 102 of the Federally Rec2 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

3 479a). 

4 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

5 AREAS.— 

6 (1) DESIGNATION.—The Attorney General, after 

7 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 goals 

11 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 General 

14 may merge the 2 areas to serve as a dual-purpose en15 tity. The Attorney General may not make the final 

16 designation of a high intensity interstate gang activ17 ity area without first consulting with and receiving 

18 comment from local elected officials representing com19 munities within the State of the proposed designation. 

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

21 assistance to high intensity interstate gang activity 

22 areas, the Attorney General shall— 

23 (A) establish criminal street gang enforce24 ment teams, consisting of Federal, State, and 

25 local law enforcement authorities, for the coordi-
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1 nated investigation, disruption, apprehension, 

2 and prosecution of criminal street gangs and of3 fenders in each high intensity interstate gang ac4 tivity area; 

5 (B) direct the reassignment or detailing 

6 from any Federal department or agency (subject 

7 to the approval of the head of that department 

8 or agency, in the case of a department or agency 

9 other than the Department of Justice) of per10 sonnel to each criminal street gang enforcement 

11 team; and 

12 (C) provide all necessary funding for the 

13 operation of the criminal street gang enforcement 

14 team in each high intensity interstate gang ac15 tivity area. 

16 (3) COMPOSITION OF CRIMINAL STREET GANG

17 ENFORCEMENT TEAM.—The team established pursuant 

18 to paragraph (2)(A) shall consist of agents and offi19 cers, where feasible, from— 

20 (A) the Bureau of Alcohol, Tobacco, Fire21 arms, and Explosives; 

22 (B) the Department of Homeland Security; 

23 (C) the Department of Housing and Urban 

24 Development; 

25 (D) the Drug Enforcement Administration; 
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1 (E) the Internal Revenue Service; 

2 (F) the Federal Bureau of Investigation; 

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

4 (H) the United States Postal Service; 

5 (I) State and local law enforcement; and 

6 (J) Federal, State and local prosecutors. 

7 (4) CRITERIA FOR DESIGNATION.—In consid8 ering an area for designation as a high intensity 

9 interstate gang activity area under this section, the 

10 Attorney General shall consider— 

11 (A) the current and predicted levels of gang 

12 crime activity in the area; 

13 (B) the extent to which violent crime in the 

14 area appears to be related to criminal street 

15 gang activity, such as drug trafficking, murder, 

16 robbery, assaults, carjacking, arson, kidnapping, 

17 extortion, and other criminal activity; 

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

19 enforcement agencies have committed resources 

20 to— 

21 (i) respond to the gang crime problem; 

22 and 

23 (ii) participate in a gang enforcement 

24 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 ap9 propriated $100,000,000 for each of the fiscal years 

10 2005 to 2009 to carry out this section. 

11 (2) USE OF FUNDS.—Of amounts made available 

12 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 grants 

16 available for community-based programs to pro17 vide crime prevention, research, and intervention 

18 services that are designed for gang members and 

19 at-risk youth in areas designated pursuant to 

20 this section as high intensity interstate gang ac21 tivity 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 des25 ignated high intensity interstate gang activity area— 
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1 (A) the specific long-term and short-term 

2 goals and objectives; 

3 (B) the measurements used to evaluate the 

4 performance of the high intensity interstate gang 

5 activity area in achieving the long-term and 

6 short-term goals; 

7 (C) the age, composition, and membership 

8 of ‘‘gangs’’; 

9 (D) the number and nature of crimes com10 mitted by ‘‘gangs’’; and 

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

12 to compile this report. 

13 SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBOR14 HOODS INITIATIVE TO IMPROVE ENFORCE15 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

16 GANGS. 

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

18 Project Safe Neighborhoods as a comprehensive, strategic 

19 approach to reducing gun violence in America, the Attorney 

20 General is authorized to expand the Project Safe Neighbor21 hoods program to require each United States attorney to— 

22 (1) identify, investigate, and prosecute signifi23 cant criminal street gangs operating within their dis24 trict; 
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1 (2) coordinate the identification, investigation, 

2 and prosecution of criminal street gangs among Fed3 eral, State, and local law enforcement agencies; and 

4 (3) coordinate and establish criminal street gang 

5 enforcement teams, established under section 110(b), 

6 in high intensity interstate gang activity areas with7 in a United States attorney’s district. 

8 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH9 BORHOODS.— 

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

11 hire Assistant United States attorneys, non-attorney 

12 coordinators, or paralegals to carry out the provisions 

13 of this section. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 for each of the fiscal years 2005 through 2009 to 

17 carry out this section. 

18 SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FED19 ERAL BUREAU OF INVESTIGATION TO INVES20 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

21 STREET GANGS. 

22 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.—The 

23 Attorney General is authorized to require the Federal Bu24 reau of Investigation to— 
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1 (1) increase funding for the Safe Streets Pro2 gram; and 

3 (2) support the criminal street gang enforcement 

4 teams, established under section 110(b), in designated 

5 high intensity interstate gang activity areas. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—In addition to amounts other8 wise authorized, there are authorized to be appro9 priated to the Attorney General $5,000,000 for each 

10 of the fiscal years 2005 through 2009 to carry out the 

11 Safe Streets Program. 

12 (2) AVAILABILITY.—Any amounts appropriated 

13 pursuant to paragraph (1) shall remain available 

14 until expended. 

15 SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCE16 MENT TO COMBAT VIOLENT CRIME AND TO 

17 PROTECT WITNESSES AND VICTIMS OF 

18 CRIMES. 

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

20 Control and Law Enforcement Act of 1994 (42 U.S.C. 

21 13862) is amended— 

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

23 end; 

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

25 the end and inserting a semicolon; and 
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1 (3) by adding at the end the following: 

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

3 ‘‘(A) allow more cases to be prosecuted; and 

4 ‘‘(B) reduce backlogs; 

5 ‘‘(6) to fund technology, equipment, and training 

6 for prosecutors and law enforcement in order to in7 crease accurate identification of gang members and 

8 violent offenders, and to maintain databases with 

9 such information to facilitate coordination among 

10 law enforcement and prosecutors; and 

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

12 protection programs to prevent threats, intimidation, 

13 and retaliation against victims of, and witnesses to, 

14 violent crimes.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 31707 of the Violent Crime Control and Law Enforcement 

17 Act of 1994 (42 U.S.C. 13867) is amended to read as fol18 lows: 

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘(a) IN GENERAL.—There are authorized to be appro21 priated $20,000,000 for each of the fiscal years 2005 

22 through 2009 to carry out this subtitle. 

23 ‘‘(b) USE OF FUNDS.—Of the amounts made available 

24 under subsection (a), in each fiscal year 60 percent shall 

25 be used to carry out section 31702(7) to create and expand 
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1 witness and victim protection programs to prevent threats, 

2 intimidation, and retaliation against victims of, and wit3 nesses to, violent crimes.’’. 

4 SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDU5 CATION AND TRAINING PROJECTS PROGRAM. 

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

7 1994 (42 U.S.C. 13921(b)) is amended by striking para8 graphs (1) through (6) and inserting the following: 

9 ‘‘(1) $20,000,000 for fiscal year 2005; 

10 ‘‘(2) $20,000,000 for fiscal year 2006; 

11 ‘‘(3) $20,000,000 for fiscal year 2007; 

12 ‘‘(4) $20,000,000 for fiscal year 2008; and 

13 ‘‘(5) $20,000,000 for fiscal year 2009.’’. 

14 TITLE II—VIOLENT CRIME RE15 FORMS NEEDED TO DETER 

16 AND PREVENT ILLEGAL GANG 

17 CRIME 

18 SEC. 201. MULTIPLE INTERSTATE MURDER. 

19 Chapter 51 of title 18, United States Code, is amended 

20 by adding at the end of the new section: 

21 ‘‘§ 1123. Multiple murders in furtherance of common 

22 scheme of purpose 

23 ‘‘(a) IN GENERAL.—Whoever, having committed mur24 der in violation of the laws of any State or the United 

25 States, moves or travels in interstate or foreign commerce 
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1 with the intent to commit one or more murders in violation 

2 of the laws of any State or the United States, and thereafter 

3 commits one or more murders in violation of the laws of 

4 any State or the United States in furtherance of a common 

5 scheme or purpose, or who conspires to do so— 

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

7 for not more than 30 years, or both, for each murder; 

8 and 

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

10 $250,000 under this title, and shall be punished by 

11 death or imprisoned for any term of years or for life 

12 for each murder. 

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

14 several States of the United States, the District of Columbia, 

15 and any commonwealth, territory, or possession of the 

16 United States.’’. 

17 SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION 

18 AGAINST RELEASE OF PERSONS CHARGED 

19 WITH FIREARMS OFFENSES. 

20 Section 3142 of title 18, United States Code, is amend21 ed— 

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

23 paragraph (3)— 

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

25 922(g)(1) where the underlying conviction is a 
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1 serious drug offense as defined in section 

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

3 which a period of not more than 10 years has 

4 elapsed since the date of the conviction or the re5 lease of the person from imprisonment, whichever 

6 is later, or is a serious violent felony as defined 

7 in section 3559(c)(2)(F) of title 18, United 

8 States Code,’’ after ‘‘that the person committed’’; 

9 and 

10 (B) by inserting ‘‘or’’ before ‘‘the Mari11 time’’; 

12 (2) in subsection (f)(1)— 

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

14 at the end; and 

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

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

17 and 

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

19 (1) to read as follows: 

20 ‘‘(1) the nature and circumstances of the offense 

21 charged, including whether the offense is a crime of 

22 violence, or involves a drug, firearm, explosive, or de23 structive devise;’’. 
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1 SEC. 203. VENUE IN CAPITAL CASES. 

2 Section 3235 of title 18, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 3235. Venue in capital cases 

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

6 be held in the district where the offense was committed or 

7 in any district in which the offense began, continued, or 

8 was completed. 

9 ‘‘(b) If the offense, or related conduct, under subsection 

10 (a) involves activities which affect interstate or foreign com11 merce, or the importation of an object or person into the 

12 United States, such offense may be prosecuted in any dis13 trict in which those activities occurred.’’. 

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

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

16 States Code, is amended by adding at the end the following: 

17 ‘‘§ 3297. Violent crime offenses 

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

19 person shall be prosecuted, tried, or punished for any non20 capital felony, crime of violence (as defined in section 16), 

21 including any racketeering activity or gang crime which 

22 involves any violent crime, unless the indictment is found 

23 or the information is instituted by the later of— 

24 ‘‘(1) 10 years after the date on which the alleged 

25 violation occurred; 
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1 ‘‘(2) 10 years after the date on which the con2 tinuing offense was completed; or 

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

4 violation was first discovered.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 214 of title 18, United States Code, 

7 is amended by adding at the end the following: 

‘‘3296. Violent crime offenses.’’. 

8 SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF 

9 INTERCEPTION OF WIRE, ORAL, AND ELEC10 TRONIC COMMUNICATIONS. 

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

12 amended— 

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

14 (2) by redesignating paragraph (r) as paragraph 

15 (u); and 

16 (3) by inserting after paragraph (q) the fol17 lowing: 

18 ‘‘(r) any violation of section 424 of the Con19 trolled Substances Act (relating to murder and other 

20 violent crimes in furtherance of a drug trafficking 

21 crime); 

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

23 States Code (relating to multiple interstate murder); 

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

25 (relating to criminal street gangs); or’’. 
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1 SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR 

2 FORFEITURE BY WRONGDOING. 

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

4 amended to read as follows: 

5 ‘‘(6) FORFEITURE BY WRONGDOING. A statement 

6 offered against a party that has engaged, acquiesced, 

7 or conspired, in wrongdoing that was intended to, 

8 and did, procure the unavailability of the declarant 

9 as a witness.’’. 

10 SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION 

11 AGAINST A WITNESS. 

12 Section 1513 of title 18, United States Code, is amend13 ed by— 

14 (1) redesignating subsection (e) beginning with 

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

16 (2) adding at the end the following: 

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

18 in the district in which the official proceeding (whether or 

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

20 intended to be affected or was completed, or in which the 

21 conduct constituting the alleged offense occurred.’’. 

22 SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RE23 LATING TO CERTAIN GANG AND VIOLENT 

24 CRIMES. 

25 (a) DIRECTIVE TO THE UNITED STATES SENTENCING

26 COMMISSION.—Pursuant to its authority under section 
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1 994(p) of title 28, United States Code, and in accordance 

2 with this section, the United States Sentencing Commission 

3 shall review and, if appropriate, amend its guidelines and 

4 its policy statements to conform to the provisions of title 

5 I and this title. 

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

7 Sentencing Commission shall— 

8 (1) establish new guidelines and policy state9 ments, as warranted, in order to implement new or 

10 revised criminal offenses created under this title; 

11 (2) ensure that the sentencing guidelines and 

12 policy statements reflect the serious nature of the of13 fenses and the penalties set forth in this title, the 

14 growing incidence of serious gang and violent crimes, 

15 and the need to modify the sentencing guidelines and 

16 policy statements to deter, prevent, and punish such 

17 offenses; 

18 (3) consider the extent to which the guidelines 

19 and policy statements adequately address— 

20 (A) whether the guideline offense levels and 

21 enhancements for gang and violent crimes— 

22 (i) are sufficient to deter and punish 

23 such offenses; and 
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1 (ii) are adequate in view of the statu2 tory increases in penalties contained in the 

3 Act; and 

4 (B) whether any existing or new specific of5 fense characteristics should be added to reflect 

6 congressional intent to increase gang and violent 

7 crime penalties, punish offenders, and deter gang 

8 and violent crime; 

9 (4) assure reasonable consistency with other rel10 evant directives and with other sentencing guidelines; 

11 (5) account for any additional aggravating or 

12 mitigating circumstances that might justify excep13 tions to the generally applicable sentencing ranges; 

14 (6) make any necessary conforming changes to 

15 the sentencing guidelines; and 

16 (7) assure that the guidelines adequately meet 

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

18 title 18, United States Code. 

19 SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF 

20 FIREARMS IN CRIMES OF VIOLENCE AND 

21 DRUG TRAFFICKING. 

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

23 United States Code, is amended— 

24 (1) by striking ‘‘shall’’ and inserting ‘‘or con25 spires to commit any of the above acts, shall, for each 
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1 instance in which the firearm is used, carried, or pos2 sessed’’; 

3 (2) in clause (i), by striking ‘‘5 years’’ and in4 serting ‘‘7 years’’; and 

5 (3) by striking clause (ii). 

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

7 18, United States Code, is amended— 

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

9 and 

10 (2) by striking subsection (o). 

11 SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FEL12 ONS. 

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

14 States Code, is amended to read as follows: 

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

16 922(g) of this title and has previously been convicted by 

17 any court referred to in section 922(g)(1) for a violent fel18 ony or a serious drug offense shall— 

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

20 a period of not more than 10 years has elapsed since 

21 the date of conviction or release of the person from 

22 imprisonment for that conviction, be subject to im23 prisonment for not more than 15 years, a fine under 

24 this title, or both; 
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1 ‘‘(B) in the case of 2 such prior convictions, com2 mitted on occasions different from one another, and 

3 where a period of not more than 10 years has elapsed 

4 since the date of conviction or release of the person 

5 from imprisonment for that conviction, be subject to 

6 imprisonment for not more than 20 years, a fine 

7 under this title, or both; and 

8 ‘‘(C) in the case of 3 such prior convictions, com9 mitted on occasions different from one another, be 

10 subject to imprisonment for not less than 15 years, a 

11 fine under this title, or both, and notwithstanding 

12 any other provision of law, the court shall not sus13 pend the sentence of, or grant a probationary sentence 

14 to, such person with respect to the conviction under 

15 section 922(g). 

16 ‘‘(2) As used in this subsection— 

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

18 ‘‘(i) an offense under the Controlled Sub19 stances Act (21 U.S.C. 801 et seq.), the Con20 trolled Substances Import and Export Act (21 

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

22 Enforcement Act (46 U.S.C. App. 1901 et seq.), 

23 punishable by a maximum term of imprison24 ment of not less than 10 years; or 
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1 ‘‘(ii) an offense under State law, involving 

2 manufacturing, distributing, or possessing with 

3 intent to manufacture or distribute, a controlled 

4 substance (as defined in section 102 of the Con5 trolled Substances Act (21 U.S.C. 802)), punish6 able by a maximum term of imprisonment of not 

7 less than 10 years; 

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

9 punishable by a term of imprisonment exceeding 1 

10 year, or any act of juvenile delinquency involving the 

11 use or carrying of a firearm, knife, or destructive de12 vice that would be punishable by a maximum term of 

13 imprisonment for such term if committed by an 

14 adult, that— 

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

16 the use, attempted use, or threatened use of phys17 ical force against the person of another; or 

18 ‘‘(ii) is burglary, arson, or extortion, in19 volves the use of explosives, or otherwise involves 

20 conduct that presents a serious potential risk of 

21 physical injury to another; and 

22 ‘‘(C) the term ‘conviction’ includes a finding that 

23 a person has committed an act of juvenile delin24 quency involving a violent felony.’’. 
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1 (b) AMENDMENT TO SENTENCING GUIDELINES.—Pur2 suant to its authority under section 994(p) of title 28, 

3 United States Code, the United States Sentencing Commis4 sion shall amend the Federal Sentencing Guidelines to pro5 vide for an appropriate increase in the offense level for vio6 lations of section 922(g) of title 18, United States Code, in 

7 accordance with section 924(e) of such title 18, as amended 

8 by subsection (a). 

9 SEC. 211. CONFORMING AMENDMENT. 

10 The matter before paragraph (1) in section 922(d) of 

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

12 transfer,’’ after ‘‘sell’’. 

13 TITLE III—JUVENILE CRIME RE14 FORM FOR VIOLENT OFFEND15 ERS 

16 SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS. 

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

18 States Code, is amended to read as follows: 

19 ‘‘§ 5032. Delinquency proceedings in district courts; 

20 juveniles tried as adults; transfer for 

21 criminal prosecution 

22 ‘‘(a) DELINQUENCY PROCEEDINGS IN DISTRICT

23 COURTS.— 

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

25 committed an act of juvenile delinquency, other than 
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1 a violation of law committed within the special mari2 time and territorial jurisdiction of the United States 

3 for which the maximum authorized term of imprison4 ment does not exceed 6 months, shall not be proceeded 

5 against in any court of the United States unless the 

6 Attorney General, after investigation, certifies to the 

7 appropriate district court of the United States that— 

8 ‘‘(A) the juvenile court or other appropriate 

9 court of a State does not have jurisdiction or re10 fuses to assume jurisdiction over that juvenile 

11 with respect to such alleged act of juvenile delin12 quency; 

13 ‘‘(B) the State does not have available pro14 grams and services adequate for the needs of ju15 veniles; or 

16 ‘‘(C) the offense charged is a crime of vio17 lence that is a felony or an offense described in 

18 section 401 of the Controlled Substances Act (21 

19 U.S.C. 841), section 1002(a), 1003, 1005, 1009, 

20 or 1010(b) (1), (2), or (3) of the Controlled Sub21 stances Import and Export Act (21 U.S.C. 

22 952(a), 953, 955, 959, 960(b) (1), (2), (3)), sec23 tion 922(x), or section 924 (b), (g), or (h) of this 

24 title, and there is a substantial Federal interest 
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1 in the case or the offense to warrant the exercise 

2 of Federal jurisdiction. 

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

4 General does not certify under paragraph (1), the ju5 venile shall be surrendered to the appropriate legal 

6 authorities of such State. 

7 ‘‘(3) FEDERAL PROCEEDINGS.—If an alleged ju8 venile delinquent is not surrendered to the authorities 

9 of a State pursuant to this section, any proceedings 

10 against him shall be in an appropriate district court 

11 of the United States. For such purposes, the court 

12 may be convened at any time and place within the 

13 district, in chambers or otherwise. The Attorney Gen14 eral shall proceed by information or as authorized 

15 under section 3401(g) of this title, and no criminal 

16 prosecution shall be instituted for the alleged act of 

17 juvenile delinquency except as provided below. 

18 ‘‘(b) TRANSFER FOR FEDERAL CRIMINAL PROSECU19 TION.— 

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

21 have committed an act of juvenile delinquency and 

22 who is not surrendered to State authorities shall be 

23 proceeded against under this chapter unless— 
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1 ‘‘(A) the juvenile has requested in writing 

2 upon advice of counsel to be proceeded against as 

3 an adult; 

4 ‘‘(B) with respect to a juvenile 15 years and 

5 older alleged to have committed an act after his 

6 fifteenth birthday which if committed by an 

7 adult would be a felony that is a crime of vio8 lence or an offense described in section 401 of the 

9 Controlled Substances Act (21 U.S.C. 841), or 

10 section 1002(a), 1005, or 1009 of the Controlled 

11 Substances Import and Export Act (21 U.S.C. 

12 952(a), 955, 959), or section 922(x) of this title, 

13 or in section 924 (b), (g), or (h) of this title, the 

14 Attorney General makes a motion to transfer the 

15 criminal prosecution on the basis of the alleged 

16 act in the appropriate district court of the 

17 United States and the court finds, after hearing, 

18 such transfer would be in the interest of justice 

19 as provided in paragraph (2); or 

20 ‘‘(C) with respect to a juvenile 13 years and 

21 older alleged to have committed an act after his 

22 thirteenth birthday which if committed by an 

23 adult would be a felony that is the crime of vio24 lence under section 113 (a), (b), (c), 1111, 1113, 

25 or, if the juvenile possessed a firearm during the 
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1 offense, an offense under section 2111, 2113, 

2 2241(a), or 2241(c), the Attorney General makes 

3 a motion to transfer the criminal prosecution on 

4 the basis of the alleged act in the appropriate 

5 district court of the United States and the court 

6 finds, after hearing, such transfer would be in 

7 the interest of justice as provided in paragraph 

8 (2). 

9 Notwithstanding sections 1152 and 1153, no person 

10 subject to the criminal jurisdiction of an Indian trib11 al government shall be subject to subparagraph (C) 

12 for any offense the Federal jurisdiction for which is 

13 predicated solely on Indian country (as defined in 

14 section 1151), and which has occurred within the 

15 boundaries of such Indian country, unless the gov16 erning body of the tribe has elected that the preceding 

17 sentence have effect over land and persons subject to 

18 its criminal jurisdiction. 

19 ‘‘(2) FACTORS.— 

20 ‘‘(A) IN GENERAL.—Evidence of the fol21 lowing factors shall be considered, and findings 

22 with regard to each factor shall be made in the 

23 record, in assessing whether a transfer under 

24 subparagraph (B) or (C) of paragraph (1), and 
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1 paragraph (4) of subsection (d), would be in the 

2 interest of justice: 

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

4 the juvenile. 

5 ‘‘(ii) The nature of the alleged offense, 

6 including the extent to which the juvenile 

7 played a leadership role in an organization, 

8 or otherwise influenced other persons to take 

9 part in criminal activities. 

10 ‘‘(iii) Whether prosecution of the juve11 nile as an adult would protect public safety. 

12 ‘‘(iv) The extent and nature of the ju13 venile’s prior delinquency record. 

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

15 development and psychological maturity. 

16 ‘‘(vi) The nature of past treatment ef17 forts and the juvenile’s response to such ef18 forts. 

19 ‘‘(vii) The availability of programs de20 signed to treat the juvenile’s behavioral 

21 problems. 

22 ‘‘(B) NATURE OF THE OFFENSE.—In con23 sidering the nature of the offense, as required by 

24 this paragraph, the court shall consider the ex25 tent to which the juvenile played a leadership 
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1 role in an organization, or otherwise influenced 

2 other persons to take part in criminal activities, 

3 involving the use or distribution of controlled 

4 substances or firearms. Such a factor, if found to 

5 exist, shall weigh in favor of a transfer to adult 

6 status, but the absence of this factor shall not 

7 preclude such a transfer. 

8 ‘‘(C) NOTICE.—Reasonable notice of the 

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

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

11 the juvenile’s parents, guardian, or custodian 

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

13 be assisted by counsel during the transfer hear14 ing, and at every other critical stage of the pro15 ceedings. 

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

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

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

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

20 thereof the use, attempted use, or threatened use of physical 

21 force against the person of another, or that, by its very na22 ture, involves a substantial risk that physical force against 

23 the person of another, may be used in committing the of24 fense or would be an offense described in section 32, 81, 

25 or 2275 or subsection (d), (e), (f), (h), or (i) of section 844 
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1 of this title, subsection (d) or (e) or subparagraphs (A), (B), 

2 (C), (D), or (E) of subsection (b)(1) of section 401 of the 

3 Controlled Substances Act, or section 1002(a), 1003, or 

4 1009, or paragraphs (1), (2), or (3) of section 1010(b) of 

5 the Controlled Substances Import and Export Act (21 

6 U.S.C. 952(a), 953, 959, 960(b) (1), (2), and (3)), and who 

7 has previously been found guilty of an act which if com8 mitted by an adult would have been one of the offenses set 

9 forth in this subsection or subsection (b), or an offense in 

10 violation of a State felony statute that would have been such 

11 an offense if a circumstance giving rise to Federal jurisdic12 tion had existed, shall be transferred, upon notification by 

13 the United States, to the appropriate district court of the 

14 United States for criminal prosecution. 

15 ‘‘(d) SIXTEEN AND SEVENTEEN YEAR OLDS CHARGED

16 WITH THE MOST SERIOUS VIOLENT FELONIES.— 

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

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

19 adult if the juvenile is alleged to have committed, con20 spired, solicited or attempted to commit, on or after 

21 the day the juvenile attains the age of 16 any offense 

22 involving— 

23 ‘‘(A) murder; 

24 ‘‘(B) manslaughter; 

25 ‘‘(C) assault with intent to commit murder; 
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1 ‘‘(D) sexual assault (which means any of2 fense that involves conduct that would violate 

3 chapter 109A if the conduct occurred in the spe4 cial maritime and territorial jurisdiction); 

5 ‘‘(E) robbery (as described in section 2111, 

6 2113, or 2118); 

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

8 ‘‘(G) extortion; 

9 ‘‘(H) arson; 

10 ‘‘(I) firearms use; 

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

12 section 924(c); 

13 ‘‘(K) drive-by shooting; 

14 ‘‘(L) kidnapping; 

15 ‘‘(M) maiming; 

16 ‘‘(N) assault resulting in serious bodily in17 jury; or 

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

19 1512(a)(1)) on or after the day the juvenile at20 tains the age of 16. 

21 ‘‘(2) OTHER OFFENSES.—In a prosecution under 

22 this subsection the juvenile may be prosecuted and 

23 convicted as an adult for any other offense which is 

24 properly joined under the Federal Rules of Criminal 
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1 Procedure, and may also be convicted as an adult of 

2 a lesser included offense. 

3 ‘‘(3) REVIEWABILITY.—Except as otherwise pro4 vided by this subsection, a determination to approve 

5 or not to approve, or to institute or not to institute, 

6 a prosecution under this subsection shall not be re7 viewable in any court. 

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

9 a juvenile under this subsection, upon motion of the 

10 defendant, the court in which the criminal charges 

11 have been filed shall after a hearing determine wheth12 er to issue an order that the defendant should be 

13 transferred to juvenile status. 

14 ‘‘(B) A motion by a defendant under this para15 graph shall not be considered unless filed no later 

16 than 30 days after the date on which the defendant 

17 initially appears through counsel or expressly waives 

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

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

20 defendant to juvenile status under this paragraph un21 less the defendant establishes by clear and convincing 

22 evidence that removal to juvenile status would be in 

23 the interest of justice. In making a determination 

24 under this paragraph, the court shall consider the fac25 tors specified in subsection (b)(2) of this section. 
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1 ‘‘(5) ORDER.—An order of the court made in 

2 ruling on a motion by a defendant to transfer a de3 fendant to juvenile status under this subsection shall 

4 not be a final order for the purpose of enabling an 

5 appeal, except that an appeal by the United States 

6 shall lie to a court of appeals pursuant to section 

7 3731 of this title from an order of a district court re8 moving a defendant to juvenile status. Upon receipt 

9 of a notice of appeal of an order under this para10 graph, a court of appeals shall hear and determine 

11 the appeal on an expedited basis. The court of appeals 

12 shall give due regard to the opportunity of the district 

13 court to judge the credibility of the witnesses, and 

14 shall accept the findings of fact of the district court 

15 unless they are clearly erroneous, and the court of ap16 peals shall review de novo the district court’s applica17 tion of the law to the facts. 

18 ‘‘(e) SIXTEEN AND SEVENTEEN YEAR OLDS CHARGED

19 WITH OTHER SERIOUS VIOLENT FELONIES.— 

20 ‘‘(1) IN GENERAL.—Except as provided by sub21 section (d), a juvenile may be prosecuted as an adult 

22 if the juvenile is alleged to have committed an act on 

23 or after the day the juvenile attains the age of 16 

24 which is committed by an adult would be a serious 
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1 violent felony as described in paragraphs (2) and (3) 

2 of section 3559(a). 

3 ‘‘(2) OTHER OFFENSES.—In a prosecution under 

4 this subsection the juvenile may be prosecuted and 

5 convicted as an adult for any other offense which is 

6 properly joined under the Federal Rules of Criminal 

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

8 a lesser included offense. 

9 ‘‘(3) REVIEWABILITY.—Except as otherwise pro10 vided by this subsection, a determination to approve 

11 or not to approve, or to institute or not to institute, 

12 a prosecution under this subsection shall not be re13 viewable in any court. 

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

15 a juvenile under this subsection, upon motion of the 

16 defendant, the court in which the criminal charges 

17 have been filed shall after a hearing determine wheth18 er to issue an order that the defendant should be 

19 transferred to juvenile status. 

20 ‘‘(B) A motion by a defendant under this para21 graph shall not be considered unless filed no later 

22 than 30 days after the date on which the defendant 

23 initially appears through counsel or expressly waives 

24 the right to counsel and elects to proceed pro se. 
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1 ‘‘(C) The court shall not order the transfer of a 

2 defendant to juvenile status under this paragraph un3 less the defendant establishes by clear and convincing 

4 evidence that removal to juvenile status would be in 

5 the interest of justice. In making a determination 

6 under this paragraph, the court shall consider the fac7 tors specified in subsection (b)(2) of this section. 

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

9 ruling on a motion by a defendant to transfer a de10 fendant to juvenile status under this subsection shall 

11 be a final order for the purpose of enabling an ap12 peal. Upon receipt of a notice of appeal of an order 

13 under this paragraph, a court of appeals shall hear 

14 and determine the appeal on an expedited basis. The 

15 court of appeals shall give due regard to the oppor16 tunity of the district court to judge the credibility of 

17 the witnesses, and shall accept the findings of fact of 

18 the district court unless they are clearly erroneous, 

19 and the court of appeals shall review de novo the dis20 trict court’s application of the law to the facts. 

21 ‘‘(f) PROCEEDINGS.— 

22 ‘‘(1) SUBSEQUENT PROCEEDING BARRED.—Once 

23 a juvenile has entered a plea of guilty or the pro24 ceeding has reached the stage that evidence has begun 

25 to be taken with respect to a crime or an alleged act 
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1 of juvenile delinquency subsequent criminal prosecu2 tion or juvenile proceedings based upon such alleged 

3 act of delinquency shall be barred. 

4 ‘‘(2) STATEMENTS.—Statements made by a juve5 nile prior to or during a transfer hearing under this 

6 section shall not be admissible at subsequent criminal 

7 prosecutions except for impeachment purposes or in a 

8 prosecution for perjury or making a false statement. 

9 ‘‘(3) FURTHER PROCEEDINGS.—Whenever a juve10 nile transferred to district court under subsection (b) 

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

12 transfer was based or another crime which would 

13 have warranted transfer had the juvenile been ini14 tially charged with that crime, further proceedings 

15 concerning the juvenile shall be conducted pursuant to 

16 the provisions of this chapter. 

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

18 not be transferred to adult prosecution under sub19 section (b) nor shall a hearing be held under section 

20 5037 (disposition after a finding of juvenile delin21 quency) until any prior juvenile court records of such 

22 juvenile have been received by the court, or the clerk 

23 of the juvenile court has certified in writing that the 

24 juvenile has no prior record, or that the juvenile’s 

25 record is unavailable and why it is unavailable. 
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1 ‘‘(5) SPECIFIC ACTS DESCRIBED.—Whenever a 

2 juvenile is adjudged delinquent pursuant to the provi3 sions of this chapter, the specific acts which the juve4 nile has been found to have committed shall be de5 scribed as part of the official record of the proceedings 

6 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 AMENDMENTS.—The analysis for 

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

13 striking the item relating to section 5032 and inserting the 

14 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 amend17 ed in the first sentence, by striking ‘‘immediately notify the 

18 Attorney General and’’ and inserting ‘‘immediately, or as 

19 soon as practicable thereafter, notify the Attorney General 

20 and shall promptly take reasonable steps to notify’’. 

21 SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSI22 TION. 

23 (a) DUTIES OF MAGISTRATE JUDGE.—Section 5034 of 

24 title 18, United States Code, is amended— 
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1 (1) in the first undesignated paragraph, by 

2 striking ‘‘The magistrate judge shall insure’’ and in3 serting the following: 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) REPRESENTATION BY COUNSEL.—The mag6 istrate judge shall ensure’’; 

7 (2) in the second undesignated paragraph, by 

8 striking ‘‘The magistrate judge may appoint’’ and in9 serting the following: 

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

11 judge may appoint’’; 

12 (3) in the third undesignated paragraph, by 

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

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

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

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

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

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

19 as an adult under section 5032, shall be released 

20 pending trial in accordance with the applicable pro21 visions of chapter 207. 

22 ‘‘(2) CONDITIONS.—A release under paragraph 

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

24 be subject to the same terms, conditions, and sanc-
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1 tions for violation of a release condition, as provided 

2 for an adult under chapter 207. 

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

4 ON RELEASE.— 

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

6 committed, while on release under this section, an of7 fense that, if committed by an adult, would be a Fed8 eral criminal offense, shall be subject to prosecution 

9 under section 5032. 

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

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

12 tried as an adult under section 5032 for an offense 

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

14 (b) DETENTION PRIOR TO DISPOSITION.—Section 

15 5035 of title 18, United States Code, is amended— 

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

17 following: 

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

19 (b), a juvenile’’; and 

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

21 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—A juvenile 

22 who is to be tried as an adult under section 5032 shall be 

23 subject to detention in accordance with chapter 207.’’. 
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1 SEC. 304. SPEEDY TRIAL. 

2 Section 5036 of title 18, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 5036. Speedy trial 

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

6 to be proceeded against as a juvenile pursuant to section 

7 5032 and who is in detention pending trial, is not brought 

8 to trial within 70 days from the date upon which such de9 tention began, the information shall be dismissed on motion 

10 of the alleged delinquent or at the direction of the court. 

11 ‘‘(b) PERIODS OF EXCLUSION.—The periods of exclu12 sion under section 3161(h) shall apply to this section. 

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

14 whether an information should be dismissed with or without 

15 prejudice, the court shall consider— 

16 ‘‘(1) the seriousness of the alleged act of juvenile 

17 delinquency; 

18 ‘‘(2) the facts and circumstances of the case that 

19 led to the dismissal; and 

20 ‘‘(3) the impact of a reprosecution on the admin21 istration of justice.’’. 

22 SEC. 305. FEDERAL SENTENCING GUIDELINES. 

23 (a) APPLICATION OF GUIDELINES TO CERTAIN JUVE24 NILE DEFENDANTS.—Section 994(h) of title 28, United 

25 States Code, is amended by inserting ‘‘, or in which the 
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1 defendant is a juvenile who is tried as an adult,’’ after ‘‘old 

2 or older’’. 

3 (b) GUIDELINES FOR JUVENILE CASES.—Section 994 

4 of title 28, United States Code, is amended by adding at 

5 the end the following: 

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

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

8 and regulations and consistent with all pertinent provisions 

9 of any Federal statute, shall promulgate and distribute, to 

10 all courts of the United States and to the United States 

11 Probation System, guidelines, as described in this section, 

12 for use by a sentencing court in determining the sentence 

13 to be imposed in a criminal case if the defendant committed 

14 the offense as a juvenile, and is tried as an adult pursuant 

15 to section 5032 of title 18.’’. 

Calendar No. 608 

108TH CONGRESS 

2D SESSION S. 1735 

A BILL 

To increase and enhance law enforcement resources 

other purposes. and improve gang prevention programs, and for members who commit violent crimes, to expand form and facilitate prosecution of juvenile gang hance criminal penalties for violent crimes, to remunities from violent criminals, to revise and encrime, to protect law-abiding citizens and comviolent gangs, to deter and punish violent gang committed to investigation and prosecution of 

JULY 6, 2004 

Reported with an amendment