I

103D CONGRESS

1ST SESSION H. R. 2044

To amend title 18, United States Code, to discourage criminal street gang

activity.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1993

Mr. TORRES (for himself, Mr. GUTIERREZ, and Mr. PASTOR) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to discourage

criminal street gang activity.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Criminal Street Gangs

5 Prevention Act of 1993’’.

6 SEC. 704. CRIMINAL STREET GANGS.

7 (a) IN GENERAL.—Title 18, United States Code, is

8 amended by inserting after chapter 25 the following:

9 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gangs.
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1 ‘‘§ 521. Criminal street gangs

2 ‘‘(a) Whoever, under the circumstances described in

3 subsection (c) of this section, commits an offense de4 scribed in subsection (b) of this section, shall, in addition

5 to any other sentence authorized by law, be sentenced to

6 a term of imprisonment of not more than 10 years and

7 may also be fined under this title. Such sentence of impris8 onment shall run consecutively to any other sentence im9 posed.

10 ‘‘(b) The offenses referred to in subsection (a) of this

11 section are—

12 ‘‘(1) any Federal felony involving a controlled

13 substance (as defined in section 102 of the Con14 trolled Substances Act) for which the maximum pen15 alty is not less than five years;

16 ‘‘(2) any Federal felony crime of violence; and

17 ‘‘(3) a conspiracy to commit any of the offenses

18 described in paragraphs (1) through (3) of this sub19 section.

20 ‘‘(c) The circumstances referred to in subsection (a)

21 of this section are that the offense described in subsection

22 (b) was committed as a member of, or on behalf of, a

23 criminal street gang and that person has been convicted,

24 within the past 5 years for—

25 ‘‘(1) any offense listed in subsection (b) of this

26 section;
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1 ‘‘(2) any State offense—

2 ‘‘(A) involving a controlled substance (as

3 defined in section 102 of the Controlled Sub4 stances Act) for which the maximum penalty is

5 not less than one year after imprisonment; or

6 ‘‘(B) that is a crime of violence; for which

7 the maximum penalty is more than 1 year’s im8 prisonment; or

9 ‘‘(3) any Federal or State offense that involves

10 the theft or destruction of property for which the

11 maximum penalty is more than 1 year’s imprison12 ment; or

13 ‘‘(4) a conspiracy to commit any of the offenses

14 described in paragraphs (1) through (3) of this sub15 section.

16 ‘‘(d) For purposes of this section—

17 ‘‘(1) the term ‘criminal street gang’ means any

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

19 more persons—

20 ‘‘(A) whose members engage or have en21 gaged within the past 5 years, in a continuing

22 series of violations of any offense treated in

23 subsection (b); and

24 ‘‘(B) whose activities affect interstate or

25 foreign commerce; and
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1 ‘‘(2) the term ‘conviction’ includes a finding,

2 under State or Federal law, that a person has com3 mitted an act of juvenile delinquency involving a vio4 lent or controlled substances felony.’’.

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

6 for part I of title 18, United States Code, is amended by

7 inserting after the item relating to chapter 25 the follow8 ing:

‘‘26. Criminal street gangs .............................................................. 521’’.

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