134
‘‘(d) The punishment for an offense under subsection 
(a) is—
‘‘(1) in the case of a violation of paragraph (1) 
or (3), a fine under this title and imprisonment for 
not more than 20 years; and 
‘‘(2) in the case of a violation of paragraph (2), 
a fine under this title and imprisonment for any 
term of years or for life, but if death results the of-
fender may be sentenced to death.’’. 
SEC. 803. AMENDMENTS RELATING TO VIOLENT CRIME. 
(a) CARJACKING.—Section 2119 of title 18, United 
States Code, is amended—
(1) by striking ‘‘, with the intent to cause death 
or serious bodily harm’’ in the matter preceding 
paragraph (1); 
(2) by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’ in the matter preceding paragraph (1); 
(3) by striking ‘‘15’’ and inserting ‘‘20’’ in 
paragraph (1); and 
(4) by striking ‘‘or imprisoned not more than 
25 years, or both’’ and inserting ‘‘and imprisoned 
for any term of years or for life’’ in paragraph (2). 
(b) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO 
COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO-
135
LENCE.—Section 924(h) of title 18, United States Code, 
is amended to read as follows: 
‘‘(h) Whoever, in or affecting interstate or foreign 
commerce, knowingly transfers a firearm, knowing or in-
tending that the firearm will be used to commit, or pos-
sessed in furtherance of, a crime of violence or drug traf-
ficking crime (as defined in subsection (c)(2)), shall be 
fined under this title and imprisoned not more than 20 
years.’’. 
(c) AMENDMENT OF SPECIAL SENTENCING PROVI-
SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA-
TION.—Section 3582(d) of title 18, United States Code, 
is amended—
(1) by inserting ‘‘section 521 (criminal street 
gang prosecutions), in’’ after ‘‘felony set forth in’’; 
(2) by striking ‘‘specified person, other than his 
attorney, upon’’ and inserting ‘‘specified person 
upon’’; and 
(3) by inserting ‘‘a criminal street gang or’’ be-
fore ‘‘an illegal enterprise’’. 
(d) CONSPIRACY PENALTY.—Section 371 of title 18, 
United States Code, is amended by striking ‘‘five’’ and 
inserting ‘‘20’’.
136
SEC. 804. INCREASED PENALTIES FOR USE OF INTERSTATE 
COMMERCE FACILITIES IN THE COMMISSION 
OF MURDER-FOR-HIRE AND OTHER FELONY 
CRIMES OF VIOLENCE. 
(a) IN GENERAL.—Section 1958 of title 18, United 
States Code, is amended—
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 1958. Use of interstate commerce facilities in the 
commission of murder-for-hire and other 
felony crimes of violence’’; 
(2) in subsection (a), by inserting ‘‘or other 
crime of violence, punishable by imprisonment for 
more than one year,’’ after ‘‘intent that a murder’’; 
and 
(3) in subsection (a), by striking ‘‘shall be 
fined’’ the first place it appears and all that follows 
through the end of such subsection and inserting the 
following: 
‘‘shall, in addition to being subject to a fine under 
this title—
‘‘(1) if the crime of violence or conspiracy re-
sults in the death of any person, be sentenced to 
death or life in prison; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse (as defined in section 521), or
137
maiming, or a conspiracy to commit such a crime of 
violence, be imprisoned any term of years or for life; 
‘‘(3) if the crime of violence is an assault, or a 
conspiracy to assault, that results in serious bodily 
injury (as defined in section 1365), be imprisoned 
not more than 30 years; and 
‘‘(4) in any other case, be imprisoned not more 
than 20 years.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 1958 in the table of sections at the beginning of 
chapter 95 of title 18, United States Code, is amended 
to read as follows:
‘‘1958. Use of interstate commerce facilities in the commission of murder-for-
hire and other felony crimes of violence.’’.
SEC. 805. INCREASED PENALTIES FOR VIOLENT CRIMES IN 
AID OF RACKETEERING ACTIVITY. 
(a) OFFENSE.—Section 1959(a) of title 18, United 
States Code, is amended to read as follows: 
‘‘(a) Whoever commits, or conspires, threatens, or at-
tempts to commit, a crime of violence, as consideration 
for the receipt of, or as consideration for a promise or 
agreement to pay, anything of pecuniary value from an 
enterprise engaged in racketeering activity, or for the pur-
pose of furthering the activities of an enterprise engaged 
in racketeering activity, or for the purpose of gaining en-
trance to or maintaining or increasing position in, such
138
an enterprise, shall, unless the death penalty is otherwise 
imposed, in addition and consecutive to the punishment 
provided for any other violation of this chapter and in ad-
dition to being subject to a fine under this title—
‘‘(1) if the crime of violence results in the death 
of any person, be sentenced to death or life in pris-
on; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse (as defined in section 521), or 
maiming, be imprisoned for any term of years or for 
life; 
‘‘(3) if the crime of violence is assault resulting 
in serious bodily injury (as defined in section 1365), 
be imprisoned not more than 30 years; and 
‘‘(4) in any other case, be imprisoned not more 
than 20 years.’’. 
(b) VENUE.—Section 1959 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(c) A prosecution for a violation of this section may 
be brought in—
‘‘(1) the judicial district in which the crime of 
violence occurred; or 
‘‘(2) any judicial district in which racketeering 
activity of the enterprise occurred.’’.
139
SEC. 806. MURDER AND OTHER VIOLENT CRIMES COM-
MITTED DURING AND IN RELATION TO A 
DRUG TRAFFICKING CRIME. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by adding 
at the end the following: 
‘‘MURDER
AND
OTHER
VIOLENT
CRIMES
COMMITTED 
DURING AND IN RELATION TO A DRUG TRAFFICKING 
CRIME 
‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 
conspires, or attempts to commit, a crime of violence dur-
ing and in relation to a drug trafficking crime, shall, un-
less the death penalty is otherwise imposed, in addition 
and consecutive to the punishment provided for the drug 
trafficking crime and in addition to being subject to a fine 
under this title—
‘‘(1) if the crime of violence results in the death 
of any person, be sentenced to death or life in pris-
on; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse (as defined in section 521), or 
maiming, be imprisoned for life or any term of years 
not less than 30; 
‘‘(3) if the crime of violence is assault resulting 
in serious bodily injury (as defined in section 1365),
140
be imprisoned for life or any term of years not less 
than 20; and 
‘‘(4) in any other case, be imprisoned for life or 
for any term of years not less than 10. 
‘‘(b) VENUE.—A prosecution for a violation of this 
section may be brought in—
‘‘(1) the judicial district in which the murder or 
other crime of violence occurred; or 
‘‘(2) any judicial district in which the drug traf-
ficking crime may be prosecuted. 
‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘crime of violence’ has the mean-
ing given that term in section 16 of title 18, United 
States Code; and 
‘‘(2) the term ‘drug trafficking crime’ has the 
meaning given that term in section 924(c)(2) of title 
18, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 is amended by inserting after the item 
relating to section 423 the following:
‘‘424. Murder and other violent crimes committed during and in relation to a 
drug trafficking crime.’’.
141
SEC. 807. MULTIPLE INTERSTATE MURDER. 
(a) OFFENSE.—Chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 1123. Use of interstate commerce facilities in the 
commission of multiple murder 
‘‘(a) IN GENERAL.—Whoever travels in or causes an-
other (including the intended victim) to travel in interstate 
or foreign commerce, or uses or causes another (including 
the intended victim) to use the mail or any facility of inter-
state or foreign commerce, or who conspires or attempts 
to do so, with intent that 2 or more intentional homicides 
be committed in violation of the laws of any State or the 
United States shall, in addition to being subject to a fine 
under this title—
‘‘(1) if the offense results in the death of any 
person, be sentenced to death or life in prison; 
‘‘(2) if the offense results in serious bodily in-
jury (as defined in section 1365), be imprisoned for 
any term of years, or for life; and 
‘‘(3) in any other case, be imprisoned not more 
than 20 years. 
‘‘(b) DEFINITION.—The term ‘State’ means each of 
the several States of the United States, the District of 
Columbia, and any commonwealth, territory, or possession 
of the United States.’’.
142
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 51 of title 18, United States 
Code, is amended by adding at the end the following:
‘‘1123. Use of interstate commerce facilities in the commission of multiple mur-
der.’’.
SEC. 808. ADDITIONAL RACKETEERING ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended—
(1) in subparagraph (A), by inserting ‘‘, or 
would have been so chargeable if the act or threat 
had not been committed in Indian country (as de-
fined in section 1151) or in any other area of exclu-
sive Federal jurisdiction,’’ after ‘‘chargeable under 
State law’’; and 
(2) in subparagraph (B), by inserting ‘‘section 
1123 (relating to interstate murder),’’ after ‘‘section 
1084 (relating to the transmission of gambling in-
formation),’’. 
SEC. 809. EXPANSION OF REBUTTABLE PRESUMPTION 
AGAINST RELEASE OF PERSONS CHARGED 
WITH FIREARMS OFFENSES. 
Section 3142 of title 18, United States Code, is 
amended—
(1) in subsection (e), in the matter following 
paragraph (3), by inserting ‘‘an offense under sub-
section (g)(1) (where the underlying conviction is a
143
serious drug trafficking offense (as defined in sec-
tion 924(e)(2)(A))), (g)(2), (g)(4), (g)(5), (g)(8), or 
(g)(9) of section 922, a crime of violence, or’’ after 
‘‘that the person committed’’; 
(2) in subsection (f)(1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C); and 
(B) by adding at the end the following: 
‘‘(E) an offense under section 922(g); or’’. 
(3) in subsection (g), by amending paragraph 
(1) to read as follows: 
‘‘(1) the nature and circumstances of the of-
fense charged, including whether the offense is a 
crime of violence, or involves a controlled substance, 
firearm, explosive, or destructive devise;’’. 
SEC. 810. VENUE IN CAPITAL CASES. 
Section 3235 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 3235. Venue in capital cases 
‘‘(a) The trial for any offense punishable by death 
shall be held in the district where the offense was com-
mitted or in any district in which the offense began, con-
tinued, or was completed. 
‘‘(b) If the offense, or related conduct, under sub-
section (a) involves activities which affect interstate or for-
144
eign commerce, or the importation of an object or person 
into the United States, such offense may be prosecuted 
in any district in which those activities occurred.’’. 
SEC. 811. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3298. Violent crime offenses 
‘‘No person shall be prosecuted, tried, or punished 
for any noncapital felony, crime of violence, including any 
racketeering activity or gang crime which involves any 
crime of violence, unless the indictment is found or the 
information is instituted not later than 15 years after the 
date on which the alleged violation occurred or the con-
tinuing offense was completed.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 213 of title 18, United States 
Code, is amended by adding at the end the following:
‘‘3298. Violent crime offenses.’’.
SEC. 812. CLARIFICATION TO HEARSAY EXCEPTION FOR 
FORFEITURE BY WRONGDOING. 
Rule 804(b)(6) of the Federal Rules of Evidence is 
amended to read as follows: 
‘‘(6) FORFEITURE BY WRONGDOING.—A state-
ment offered against a party who has engaged or ac-
quiesced in wrongdoing, or who could reasonably
145
foresee such wrongdoing would take place, if the 
wrongdoing was intended to, and did, procure the 
unavailability of the declarant as a witness.’’. 
SEC. 813. TRANSFER OF JUVENILES. 
The 4th undesignated paragraph of section 5032 of 
title 18, United States Code, is amended—
(1) by striking ‘‘A juvenile’’ where it appears at 
the beginning of the paragraph and inserting ‘‘Ex-
cept as otherwise provided in this chapter, a juve-
nile’’; 
(2) by striking ‘‘as an adult, except that, with’’ 
and inserting ‘‘as an adult. With’’; and 
(3) by striking ‘‘However, a juvenile’’ and all 
that follows through ‘‘criminal prosecution.’’ at the 
end of the paragraph and inserting ‘‘The Attorney 
General may prosecute as an adult a juvenile who is 
alleged to have committed an act after that juve-
nile’s 16th birthday which if committed by an adult 
would be a crime of violence that is a felony, an of-
fense described in subsection (d), (i), (j), (k), (o), 
(p), (q), (u), or (x) of section 922 (relating to unlaw-
ful acts), or subsection (b), (c), (g), (h), (k), (l), (m), 
or (n) of section 924 (relating to penalties), section 
930 (relating to possession of firearms and dan-
gerous weapons in Federal facilities), or section 931
146
(relating to purchase, ownership, or possession of 
body armor by violent felons). The decision whether 
or not to prosecute a juvenile as an adult under the 
immediately preceding sentence is not subject to ju-
dicial review in any court. In a prosecution under 
that sentence, the juvenile may be prosecuted and 
convicted as an adult for any other offense which is 
properly joined under the Federal Rules of Criminal 
Procedure, and may also be convicted as an adult of 
any lesser included offense.’’. 
SEC. 814. CRIMES OF VIOLENCE AND DRUG CRIMES COM-
MITTED BY ILLEGAL ALIENS. 
(a) OFFENSES.—Title 18, United States Code, is 
amended by inserting after chapter 51 the following new 
chapter: 
‘‘CHAPTER 52—ILLEGAL ALIENS
‘‘Sec. 
‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens.
‘‘§ 1131. Enhanced penalties for certain crimes com-
mitted by illegal aliens 
‘‘Whoever, being an alien who is unlawfully present 
in the United States, commits, conspires or attempts to 
commit, a crime of violence (as defined in section 16) or 
a drug trafficking offense (as defined in section 924), shall 
be fined under this title and sentenced to not less than 
5 years in prison. If the defendant was previously ordered
147
removed under the Immigration and Nationality Act on 
the grounds of having committed a crime, the defendant 
shall be sentenced to not less than 15 years in prison. A 
sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment 
imposed for any other crime.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of part I of title 18, United States Code, 
is amended by inserting after the item relating to chapter 
51 the following new item:
‘‘52. Illegal aliens ............................................................................... 1131’’.
SEC. 815. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.—
Not later than 180 days after the date of enactment of 
this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of 
the Department of Justice with such information as the 
Director may have on any and all aliens against whom 
a final order of removal has been issued, and any and all 
aliens who have signed a voluntary departure agreement. 
Such information shall be provided to the National Crime 
Information Center regardless of whether or not the alien
148
received notice of a final order of removal and even if the 
alien has already been removed. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.—Section 534(a) of title 28, United States 
Code, is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether or not the alien 
has received notice of the violation and even if the 
alien has already been removed; and’’. 
SEC. 816. STUDY. 
The Attorney General and the Secretary of Homeland 
Security shall jointly conduct a study on the connection 
between illegal immigration and gang membership and ac-
tivity, including how many of those arrested nationwide 
for gang membership and violence are aliens illegally 
present in the United States. The Attorney General and 
the Secretary shall report the results of that study to Con-
149
gress not later than one year after the date of the enact-
ment of this Act. 
TITLE IX—INCREASED FEDERAL 
RESOURCES TO PREVENT AT-
RISK YOUTH FROM JOINING 
ILLEGAL STREET GANGS 
SEC. 901. GRANTS TO STATE AND LOCAL PROSECUTORS TO 
COMBAT VIOLENT CRIME AND TO PROTECT 
WITNESSES AND VICTIMS OF CRIMES. 
(a) IN GENERAL.—Section 31702 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 13862), as amended by section 724 of this Act, 
is further amended—
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) to hire additional prosecutors to—
‘‘(A) allow more cases to be prosecuted; 
and 
‘‘(B) reduce backlogs; 
‘‘(7) to fund technology, equipment, and train-
ing for prosecutors and law enforcement in order to 
increase accurate identification of gang members
150
and violent offenders, and to maintain databases 
with such information to facilitate coordination 
among law enforcement and prosecutors; and 
‘‘(8) to fund technology, equipment, and train-
ing for prosecutors to increase the accurate identi-
fication and successful prosecution of young violent 
offenders.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
31707 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13867) is amended to read as 
follows: 
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There 
are 
authorized 
to 
be 
appropriated 
$20,000,000 for each of the fiscal years 2006 through 
2010 to carry out this subtitle.’’. 
SEC. 902. REAUTHORIZE THE GANG RESISTANCE EDU-
CATION AND TRAINING PROJECTS PROGRAM. 
Section 32401(b) of the Violent Crime Control Act 
of 1994 (42 U.S.C. 13921(b)) is amended by striking 
paragraphs (1) through (6) and inserting the following: 
‘‘(1) $20,000,000 for fiscal year 2006; 
‘‘(2) $20,000,000 for fiscal year 2007; 
‘‘(3) $20,000,000 for fiscal year 2008; 
‘‘(4) $20,000,000 for fiscal year 2009; and 
‘‘(5) $20,000,000 for fiscal year 2010.’’.
151
SEC. 903. STATE AND LOCAL REENTRY COURTS. 
(a) IN GENERAL.—Part FF of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797w et seq.) is amended by inserting at the end the 
following: 
‘‘SEC. 2979. STATE AND LOCAL REENTRY COURTS. 
‘‘(a) GRANTS AUTHORIZED.—The Attorney General 
shall award grants of not more than $500,000 to—
‘‘(1) State and local courts; or 
‘‘(2) State agencies, municipalities, public agen-
cies, nonprofit organizations, and tribes that have 
agreements with courts to take the lead in estab-
lishing a re-entry court. 
‘‘(b) USE OF FUNDS.—Grant funds awarded under 
this section shall be administered in accordance with the 
guidelines, regulations, and procedures promulgated by 
the Attorney General, and may be used to—
‘‘(1) monitor offenders returning to the commu-
nity; 
‘‘(2) provide returning offenders with—
‘‘(A) drug and alcohol testing and treat-
ment; and 
‘‘(B) mental and medical health assess-
ment and services; 
‘‘(3) convene community impact panels, victim 
impact panels, or victim impact educational classes;