IB 
Union Calendar No. 35
109TH CONGRESS 
1ST SESSION H. R. 1279
[Report No. 109–74] 
To amend title 18, United States Code, to reduce violent gang crime and 
protect law-abiding citizens and communities from violent criminals, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2005
Mr. FORBES (for himself, Mr. WOLF, Mr. GOODLATTE, Mr. GOODE, Mrs. JO 
ANN DAVIS of Virginia, Mrs. DRAKE, Mr. TOM DAVIS of Virginia, and 
Mr. ALEXANDER) introduced the following bill; which was referred to the 
Committee on the Judiciary 
MAY 5, 2005
Additional sponsors: Mr. CANTOR, Mr. GALLEGLY, Mr. SOUDER, Mrs. CAPITO, 
Mr. GENE GREEN of Texas, Mr. ETHERIDGE, Mr. KING of New York, 
and Mr. TIBERI 
MAY 5, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 14, 2005] 
A BILL 
To amend title 18, United States Code, to reduce violent 
gang crime and protect law-abiding citizens and commu-
nities from violent criminals, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gang Deterrence and 
Community Protection Act of 2005’’. 
TITLE 
I—CRIMINAL 
LAW 
RE-
FORMS AND ENHANCED PEN-
ALTIES TO DETER AND PUN-
ISH ILLEGAL STREET GANG 
ACTIVITY 
AND 
RELATED 
CRIMINAL LAW REFORMS 
SEC. 101. REVISION AND EXTENSION OF PENALTIES RE-
LATED TO CRIMINAL STREET GANG ACTIVITY. 
(a) IN GENERAL.—Chapter 26 of title 18, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec. 
‘‘521. Criminal street gang prosecutions.
‘‘§ 521. Criminal street gang prosecutions 
‘‘(a) STREET GANG CRIME.—Whoever commits, or 
conspires, threatens or attempts to commit, a gang crime 
for the purpose of furthering the activities of a criminal 
street gang, or gaining entrance to or maintaining or in-
creasing position in such a gang, shall, in addition to being 
subject to a fine under this title—
‘‘(1) if the gang crime results in the death of any 
person, be sentenced to death or life in prison; 
‘‘(2) if the gang crime is kidnapping, aggravated 
sexual abuse, or maiming, be imprisoned for life or 
any term of years not less than 30; 
‘‘(3) if the gang crime is assault resulting in se-
rious bodily injury (as defined in section 1365), 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) FORFEITURE.—
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on any person convicted of a violation of this 
section, shall order, in addition to any other sentence 
imposed and irrespective of any provision of State 
law, that such person shall forfeit to the United States 
such person’s interest in—
‘‘(A) any property used, or intended to be 
used, in any manner or part, to commit, or to 
facilitate the commission of, the violation; and 
‘‘(B) any property constituting, or derived 
from, any proceeds the person obtained, directly 
or indirectly, as a result of the violation.
‘‘(2) APPLICATION OF CONTROLLED SUBSTANCES 
ACT.—Subsections (b), (c), (e), (f), (g), (h), (i), (j), 
(k), (l), (m), (n), (o), and (p) of section 413 of the 
Controlled Substances Act (21 U.S.C. 853) shall 
apply to a forfeiture under this section as though it 
were a forfeiture under that section. 
‘‘(c) DEFINITIONS.—The following definitions apply in 
this section: 
‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi-
nal street gang’ means a formal or informal group or 
association of 3 or more individuals, who commit 2 
or more gang crimes (one of which is a crime of vio-
lence other than an offense punishable under subpara-
graphs (A), (B), or (C) of section 401(b)(1) of the 
Controlled Substances Act), in 2 or more separate 
criminal episodes, in relation to the group or associa-
tion, if any of the activities of the criminal street 
gang affects interstate or foreign commerce. 
‘‘(2) GANG
CRIME.—The term ‘gang crime’ 
means conduct constituting any Federal or State 
crime, punishable by imprisonment for more than one 
year, in any of the following categories: 
‘‘(A) A crime of violence.
‘‘(B) A crime involving obstruction of jus-
tice, tampering with or retaliating against a 
witness, victim, or informant, or burglary. 
‘‘(C) A crime involving the manufacturing, 
importing, distributing, possessing with intent to 
distribute, or otherwise dealing in a controlled 
substance or listed chemical (as those terms are 
defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)). 
‘‘(D) Any conduct punishable under section 
844 (relating to explosive materials), subsection 
(a)(1), (d), (g)(1) (where the underlying convic-
tion is a violent felony (as defined in section 
924(e)(2)(B) of this title) or is a serious drug of-
fense (as defined in section 924(e)(2)(A))), (g)(2), 
(g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), 
(n), (o), (p), (q), (u), or (x) of section 922 (relat-
ing to unlawful 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 dangerous weapons in Federal 
facilities), section 931 (relating to purchase, 
ownership, or possession of body armor by vio-
lent felons), sections 1028 and 1029 (relating to 
fraud and related activity in connection with
identification documents or access devices), sec-
tion 1952 (relating to interstate and foreign 
travel or transportation in aid of racketeering 
enterprises), section 1956 (relating to the laun-
dering of monetary instruments), section 1957 
(relating to engaging in monetary transactions 
in property derived from specified unlawful ac-
tivity), or sections 2312 through 2315 (relating 
to interstate transportation of stolen motor vehi-
cles or stolen property). 
‘‘(E) Any conduct punishable under section 
274 (relating to bringing in and harboring cer-
tain aliens), section 277 (relating to aiding or 
assisting certain aliens to enter the United 
States), or section 278 (relating to importation 
of alien for immoral purpose) of the Immigra-
tion and Nationality Act. 
‘‘(3) AGGRAVATED
SEXUAL
ABUSE.—The term 
‘aggravated sexual abuse’ means an offense that, if 
committed in the special maritime and territorial ju-
risdiction would be an offense under section 2241(a). 
‘‘(4) STATE.—The term ‘State’ means each of the 
several States of the United States, the District of Co-
lumbia, and any commonwealth, territory, or posses-
sion of the United States.’’.
(b) AMENDMENT RELATING TO PRIORITY OF FOR-
FEITURE
OVER
ORDERS
FOR
RESTITUTION.—Section 
3663(c)(4) of title 18, United States Code, is amended by 
striking ‘‘chapter 46 or chapter 96 of this title’’ and insert-
ing ‘‘section 521, under chapter 46 or 96,’’. 
(c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ‘‘, 
section 521 (relating to criminal street gang prosecutions)’’ 
before ‘‘, section 541’’. 
SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND 
FOREIGN TRAVEL OR TRANSPORTATION IN 
AID OF RACKETEERING. 
(a) SUBSTANTIVE CHANGES TO OFFENSE.—Section 
1952(a) of title 18, United States Code, is amended—
(1) so that the heading for the section reads as 
follows: 
‘‘§ 1952. Interstate or foreign commerce-related aid to 
racketeering’’; 
(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(3) by striking ‘‘travels’’ and all that follows 
through ‘‘intent to’’ and inserting ‘‘, in or affecting 
interstate or foreign commerce’’; 
(4) by striking ‘‘(1) distribute’’ and inserting 
‘‘(A) distributes’’;