I
103D CONGRESS
1ST SESSION
H. R. 2847
To control and prevent crime.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mr. SENSENBRENNER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To control and prevent crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Crime Control Act of 1993’’.
(b) TABLE OF CONTENTS.—The following is the table
of contents for this Act:
Sec. 1. Short title and table of contents.
TITLE I—DEATH PENALTY
Sec. 101. Short title.
Sec. 102. Death penalty procedures.
Sec. 103. Conforming amendment relating to destruction of aircraft or aircraft
facilities.
Sec. 104. Conforming amendment relating to espionage.
Sec. 105. Conforming amendment relating to transporting explosives.
Sec. 106. Conforming amendment relating to malicious destruction of Federal
property by explosives.
Sec. 107. Conforming amendment relating to malicious destruction of interstate
property by explosives.
Sec. 108. Conforming amendment relating to murder.
Sec. 109. Conforming amendment relating to killing official guests or inter-
nationally protected persons.
Sec. 110. Murder by Federal prisoner.
Sec. 111. Conforming amendment relating to kidnapping.
Sec. 112. Conforming amendment relating to hostage taking.
Sec. 113. Conforming amendment relating to mailability of injurious articles.
Sec. 114. Conforming amendment relating to Presidential assassination.
Sec. 115. Conforming amendment relating to murder for hire.
Sec. 116. Conforming amendment relating to violent crimes in aid of racketeer-
ing activity.
Sec. 117. Conforming amendment relating to wrecking trains.
Sec. 118. Conforming amendment relating to bank robbery.
Sec. 119. Conforming amendment relating to terrorist acts.
Sec. 120. Conforming amendment relating to aircraft hijacking.
Sec. 121. Conforming amendment to controlled substances act.
Sec. 122. Conforming amendment relating to genocide.
Sec. 123. Protection of court officers and jurors.
Sec. 124. Prohibition of retaliatory killings of witnesses, victims, and inform-
ants.
Sec. 125. Death penalty for murder of Federal law enforcement officers.
Sec. 126. Death penalty for murder of State or local law enforcement officers
assisting Federal law enforcement officers.
Sec. 127. Implementation of the 1988 protocol for the suppression of unlawful
acts of violence at airports serving international civil aviation.
Sec. 128. Amendment to Federal Aviation Act.
Sec. 129. Offenses of violence against maritime navigation or fixed platforms.
Sec. 130. Torture.
Sec. 131. Weapons of mass destruction.
Sec. 132. Homicides and attempted homicides involving firearms in Federal
facilities.
Sec. 133. Death penalty for civil rights murders.
Sec. 134. Death penalty for murder of Federal witnesses.
Sec. 135. Drive-by shootings.
Sec. 136. Death penalty for gun murders during Federal crimes of violence and
drug trafficking crimes.
Sec. 137. Death penalty for rape and child molestation murders.
Sec. 138. Protection of jurors and witnesses in capital cases.
Sec. 139. Inapplicability to uniform code of military justice.
Sec. 140. Death penalty for causing death in the sexual exploitation of children.
Sec. 141. Murder by escaped prisoners.
Sec. 142. Death penalty for murders in the District of Columbia.
TITLE II—HABEAS CORPUS REFORM
Subtitle A—General Habeas Corpus Reform
Sec. 201. Short title.
Sec. 202. Period of limitation.
Sec. 203. Appeal.
Sec. 204. Amendment of Federal rules of appellate procedure.
Sec. 205. Section 2254 amendments.
Sec. 206. Section 2255 amendments.
Subtitle B—Death Penalty Litigation Procedures
Sec. 211. Short title for Subtitle B.
Sec. 212. Death penalty litigation procedures.
Subtitle C—Equalization of Capital Habeas Corpus Litigation Funding
Sec. 221. Funding for death penalty prosecutions.
TITLE III—EXCLUSIONARY RULE
Sec. 301. Admissibility of certain evidence.
TITLE IV—RURAL CRIME AND DRUG CONTROL
Subtitle A—Drug Trafficking in rural areas
Sec. 401. Authorizations for rural law enforcement agencies.
Sec. 402. Rural crime and drug enforcement task forces.
Sec. 403. Cross-designation of Federal officers.
Sec. 404. Rural drug enforcement training.
Subtitle B—Increases in Penalties for Certain Drug Trafficking Offenses
Sec. 411. Rural substance abuse treatment and education grants.
Subtitle C—Rural Drug Prevention and Treatment
Sec. 421. Asset forfeiture.
Sec. 422. Prosecution of clandestine laboratory operators.
TITLE V—FIREARMS AND RELATED AMENDMENTS
Subtitle A—General Provisions
Sec. 501. Smuggling firearms in aid of drug trafficking.
Sec. 502. Prohibition against theft of firearms or explosives.
Sec. 503. Increased penalty for knowingly false, material statement in connec-
tion with the acquisition of a firearm from a licensed dealer.
Sec. 504. Summary destruction of explosives subject to forfeiture.
Sec. 505. Elimination of outmoded language relating to parole.
Sec. 506. Receipt of firearms by nonresident.
Sec. 507. Prohibition of theft of firearms or explosives from licensee.
Sec. 508. Increased penalty for interstate gun trafficking.
Sec. 509. Prohibition of transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 510. Possession of explosives by felons and others.
Sec. 511. Disposition of forfeited firearms.
Sec. 512. Definition of burglary under the armed career criminal statute.
Subtitle B—Brady Handgun Violence Prevention Act
Sec. 521. Short title.
Sec. 522. Federal firearms licensee required to conduct criminal background
check before transfer of firearm to nonlicensee.
Sec. 523. National instant criminal background check system.
Sec. 524. Funding for improvement of criminal records.
TITLE VI—JUVENILES AND GANGS
Sec. 601. Short title.
Subtitle A—Increased Penalties for Employing Children to Distribute Drugs
Near Schools and Playgrounds
Sec. 611. Strengthened Federal penalties.
Subtitle B—Antigang Provisions
Sec. 621. Grant program.
Sec. 622. Conforming repealer and amendments.
Sec. 623. Criminal street gangs.
Subtitle C—Juvenile Penalties
Sec. 631. Treatment of violent juveniles as adults.
Sec. 632. Serious drug offenses by juveniles as armed career criminal act
predicates.
Sec. 633. Certainty of punishment for young offenders.
Subtitle D—Other Provisions
Sec. 641. Bindover system for certain violent juveniles.
Sec. 642. Gang investigation coordination and information collection.
Sec. 643. Clarification of requirement that any prior record of a juvenile be
produced before the commencement of juvenile proceedings.
TITLE VII—TERRORISM AND INTERNATIONAL MATTERS
Sec. 701. Terrorism civil remedy.
Sec. 702. Providing material support to terrorists.
Sec. 703. Forfeiture of assets used to support terrorists.
Sec. 704. Alien witness cooperation.
Sec. 705. Territorial sea extending to 12 miles included in special maritime and
territorial jurisdiction.
Sec. 706. Assimilated crimes in extended territorial sea.
Sec. 707. Jurisdiction over crimes against United States nationals on certain
foreign ships.
Sec. 708. Penalties for international terrorist acts.
Sec. 709. Authorization of appropriations.
Sec. 710. Enhanced penalties for certain offenses.
Sec. 711. Sentencing guidelines increase for terrorist crimes.
Sec. 712. Extension of the statute of limitations for certain terrorism offenses.
Sec. 713. International parental kidnapping.
Sec. 714. Foreign murder of United States nationals.
Sec. 715. Extradition.
Sec. 716. FBI access to telephone subscriber information.
TITLE VIII—SEXUAL VIOLENCE, CHILD ABUSE, AND VICTIMS’
RIGHTS
Subtitle A—Sexual Violence and Child Abuse
Sec. 800. Short title.
CHAPTER 1—SEXUAL VIOLENCE
SUBCHAPTER A—PENALTIES AND REMEDIES
Sec. 801. Pre-trial detention in sex offense cases.
Sec. 802. Death penalty for murders committed by sex offenders.
Sec. 803. Increased penalties for recidivist sex offenders.
Sec. 804. Increased penalties for sex offenses against victims below the age of
16.
Sec. 805. Sentencing guidelines increase for sex offenses.
Sec. 806. HIV testing and penalty enhancement in sexual offense cases.
Sec. 807. Payment of cost of HIV testing for victims in sex offense cases.
Sec. 808. Extension and strengthening of restitution.
Sec. 809. Enforcement of restitution orders through suspension of Federal
benefits.
Sec. 810. Civil remedy for victims of sexual violence.
SUBCHAPTER B—RULES OF EVIDENCE, PRACTICE, AND PROCEDURE
Sec. 821. Admissibility of evidence of similar crimes in sex offense cases.
Sec. 822. Extension and strengthening of rape victim shield law.
Sec. 823. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Sec. 824. Right of the victim to fair treatment in legal proceedings.
Sec. 825. Victim’s right of allocution in sentencing.
Sec. 826. Victim’s right of privacy.
SUBCHAPTER C—SAFE CAMPUSES
Sec. 831. National baseline study on campus sexual assault.
SUBCHAPTER D—ASSISTANCE TO STATES AND LOCALITIES
Sec. 841. Sexual violence grant program.
Sec. 842. Supplementary grants for States adopting effective laws relating to
sexual violence.
CHAPTER 2—DOMESTIC VIOLENCE AND OFFENSES AGAINST THE FAMILY
Sec. 851. Noncompliance with child support obligations in interstate cases.
Sec. 852. Full faith and credit for protective orders.
Sec. 853. Presumption against child custody for spouse abusers.
Sec. 854. Report on battered women’s syndrome.
Sec. 855. Report on confidentiality of addresses for victims of domestic
violence.
Sec. 856. Report on recordkeeping relating to domestic violence.
Sec. 857. Domestic violence and family support grant program.
CHAPTER 3—NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN
Sec. 861. Establishment.
Sec. 862. Duties of task force.
Sec. 863. Membership.
Sec. 864. Pay.
Sec. 865. Executive director and staff.
Sec. 866. Powers of task force.
Sec. 867. Report.
Sec. 868. Authorization of appropriation.
Sec. 869. Termination.
Subtitle B—Victims’ Rights
Sec. 871. Restitution amendments.
Sec. 872. Right of the victim to an impartial jury.
Sec. 873. Mandatory restitution and other provisions.
Subtitle C—National Child Protection Act
Sec. 881. Short title.
Sec. 882. Findings and purposes.
Sec. 883. Definitions.
Sec. 884. Reporting by the States.
Sec. 885. Background checks.
Sec. 886. Funding for improvement of child abuse crime information.
Subtitle D—Jacob Wetterling Crimes Against Children Registration Act
Sec. 891. Short title.
Sec. 892. Establishment of program.
Sec. 893. State compliance.
TITLE IX—EQUAL JUSTICE ACT
Sec. 901. Short title.
Sec. 902. Prohibition of racially discriminatory policies concerning capital pun-
ishment or other penalties.
Sec. 903. General safeguards against racial prejudice or bias in the tribunal.
Sec. 904. Federal capital cases.
Sec. 905. Extension of protection of civil rights statutes.
TITLE X—FUNDING, GRANT PROGRAMS, AND STUDIES
Subtitle A—Safer Streets and Neighborhoods
Sec. 1001. Short title.
Sec. 1002. Grants to State and local agencies for the hiring of law enforcement
personnel.
Sec. 1003. Continuation of Federal-State funding formula.
Sec. 1004. Equity in funding.
Subtitle B—Retired Public Safety Officer Death Benefit
Sec. 1011. Retired public safety officer death benefit.
Subtitle C—Study on Police Officers’ Rights
Sec. 1021. Study on police officers’ rights.
Subtitle D—Cop-on-the-Beat Grants
Sec. 1031. Short title.
Sec. 1032. Cop-on-the-beat grants.
Subtitle E—National Commission to Support Law Enforcement
Sec. 1041. Short title.
Sec. 1042. Findings.
Sec. 1043. Establishment of commission.
Sec. 1044. Duties.
Sec. 1045. Membership.
Sec. 1046. Experts and consultants.
Sec. 1047. Powers of commission.
Sec. 1048. Report.
Sec. 1049. Termination.
Sec. 1050. Repeals.
Subtitle F—Other Provisions
Sec. 1062. Law enforcement family support.
Sec. 1063. Notice of release of prisoners.
TITLE XI—ILLEGAL DRUGS
Subtitle A—Drug Testing
Sec. 1101. Drug testing of Federal offenders on post-conviction release.
Subtitle B—Precursor Chemicals
Sec. 1121. Short title.
Sec. 1122. Definition amendments.
Sec. 1123. Registration requirement.
Sec. 1124. Reporting of listed chemical manufacturing.
Sec. 1125. Reports by brokers and traders; criminal penalties.
Sec. 1126. Exemption authority; additional penalties.
Sec. 1127. Amendments to list I.
Sec. 1128. Elimination of regular supplier status and creation of regular
importer status.
Sec. 1129. Administrative inspections and authority.
Sec. 1130. Threshold amounts.
Sec. 1131. Management of listed chemicals.
Sec. 1132. Attorney General access to the National Practitioner Data Bank.
Sec. 1133. Regulations and effective date.
Subtitle C—Other Provisions
Sec. 1141. Advertisements of controlled substances.
Sec. 1142. Closing of loophole for illegal importation of small drug quantities.
Sec. 1143. Drug paraphernalia amendment.
Sec. 1144. Conforming amendment adding certain drug offenses as requiring
fingerprinting and records for recidivist juveniles.
Sec. 1145. Clarification of narcotic or other dangerous drugs under RICO.
Sec. 1146. Conforming amendments to recidivist penalty provisions of the Con-
trolled Substances Act and the Controlled Substances Import
and Export Act.
Sec. 1147. Elimination of outmoded language relating to parole.
Sec. 1148. Drugged or drunk driving child protection.
Sec. 1149. Eviction from places maintained for manufacturing, distributing, or
using controlled substances.
Sec. 1150. Anabolic steroids penalties.
Sec. 1151. Program to provide public awareness of the provisions of law that
condition portions of a State’s Federal highway funding on the
State’s enactment of legislation requiring the revocation of the
driver’s licenses of convicted drug abusers.
Sec. 1152. Drug abuse resistance education programs.
Sec. 1153. Misuse of the words ‘‘Drug Enforcement Administration’’ or the
initials ‘‘DEA’’.
TITLE XII—PUBLIC CORRUPTION
Sec. 1201. Short title.
Sec. 1202. Public corruption.
Sec. 1203. Interstate commerce.
Sec. 1204. Narcotics-related public corruption.
TITLE XIII—GENERAL PROVISIONS
Subtitle A—Violent Crimes
Sec. 1301. Addition of attempted robbery, kidnapping, smuggling, and property
damage offenses to eliminate inconsistencies and gaps in
coverage.
Sec. 1302. Increase in maximum penalty for assault.
Sec. 1303. Increased maximum penalty for manslaughter.
Sec. 1304. Increased penalty for travel act violations.
Sec. 1305. Increased penalty for conspiracy to commit murder for hire.
Subtitle B—Civil Rights Offenses
Sec. 1311. Increased maximum penalties for civil rights violations.
Subtitle C—White Collar and Property Crimes
Sec. 1321. Receipt of proceeds of a postal robbery.
Sec. 1322. Receipt of proceeds of extortion or kidnapping.
Sec. 1323. Conforming addition to obstruction of civil investigative demand
statute.
Sec. 1324. Conforming addition of predicate offenses to financial institutions
rewards statute.
Sec. 1325. Definition of savings and loan association in bank robbery statute.
Sec. 1326. Conforming definition of ‘‘1 year period’’ in 18 U.S.C. 1516.
Sec. 1327. Financial institutions fraud.
Sec. 1328. Wiretaps.
Sec. 1329. Knowledge requirement for stolen or counterfeit property.
Sec. 1330. Mail fraud.
Sec. 1331. Fraud and related activity in connection with access devices.
Sec. 1332. Increased penalties for trafficking in counterfeit goods and services.
Sec. 1333. Computer abuse amendments act of 1993.
Sec. 1334. Notification of law enforcement officers of discoveries of controlled
substances or large amounts of cash in weapons screening.
Subtitle D—Other Provisions
Sec. 1361. Optional venue for espionage and related offenses.
Sec. 1362. Required reporting by criminal court clerks.
Sec. 1363. Audit requirement for State and local law enforcement agencies re-
ceiving Federal asset forfeiture funds and report to Congress
on administrative expenses.
Sec. 1364. DNA identification.
Sec. 1365. Safe schools.
TITLE XIV—TECHNICAL CORRECTIONS