I 
110TH CONGRESS 
1ST SESSION H. R. 3156 
To control violent crime. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2007 
Mr. SMITH of Texas (for himself and Mr. FORBES) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Energy and Commerce, Ways and Means, and 
Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To control violent 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. 
This Act may be cited as the ‘‘Violent Crime Control 
Act of 2007’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—VIOLENT CRIME PREVENTION AND ENFORCEMENT 
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Subtitle A—Improving Violent Crime Prevention and Strengthening Antigang 
Measures 
Sec. 101. Amendments relating to violent crime. 
Sec. 102. Possession of firearms by dangerous felons. 
Sec. 103. Expansion of rebuttable presumption against release of persons 
charged with firearms offenses. 
Sec. 104. Conforming amendment. 
Sec. 105. Increased penalties for interstate and foreign travel or transportation 
in aid of racketeering. 
Sec. 106. Increased penalties for use of interstate commerce facilities in the 
commission of murder-for-hire and other felony crimes of vio-
lence. 
Sec. 107. Statute of limitations for violent crime. 
Sec. 108. Statute of limitations for terrorism offenses. 
Sec. 109. Crimes of violence and drug crimes committed by illegal aliens. 
Subtitle B—Death Penalty Procedures Improvement Act 
Sec. 121. Short title. 
Sec. 122. Elimination of death penalty hearing discrepancies. 
Sec. 123. Amendments relating to section 3593 of title 18. 
Sec. 124. Amendments relating to section 3592 of title 18. 
Sec. 125. Amendments relating to section 3594 of title 18. 
Sec. 126. Amendments relating to sections 3596 and 3597 of title 18. 
Subtitle C—Clarifying the Authority To Issue Cell Location Orders 
Sec. 131. Amendment to section 2703 of title 18 to clarify ongoing scope of or-
ders and warrants. 
Sec. 132. Pen register and trap and trace amendment. 
Sec. 133. Amendment to mobile tracking devices statute. 
Sec. 134. Amendment to Communications Assistance for Law Enforcement Act. 
TITLE II—ENDING DEMAND FOR CHILD PORNOGRAPHY AND 
CHILD SEXUAL EXPLOITATION 
Sec. 201. Mandatory minimum for possession of child pornography. 
Sec. 202. Strengthening section 13032 of title 42, United States Code, to en-
sure that child pornography is effectively reported. 
Sec. 203. Conspiracy provision for chapter 77 offenses. 
Sec. 204. Amend definition of illicit sexual conduct. 
Sec. 205. Expand the use of the sex trafficking statute. 
Sec. 206. Increased penalties for sexual exploitation of children. 
Sec. 207. Increased penalties for activities relating to material involving the 
sexual exploitation of children. 
Sec. 208. Increased penalties for activities relating to material constituting or 
containing child pornography. 
Sec. 209. Additional resources for the Innocent Images National Initiative. 
TITLE III—THE PROCEEDS OF CRIME ACT 
Sec. 301. Short title. 
Subtitle A—Property Subject to Forfeiture to the United States 
Sec. 302. Additions to the general forfeiture statute. 
Sec. 303. Drugs and money laundering. 
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Sec. 304. Alien smuggling. 
Sec. 305. Food stamp fraud. 
Sec. 306. Devices used to create or replicate counterfeit computer software. 
Sec. 307. Property used to escape Federal custody or remain a fugitive. 
Sec. 308. Copyright violations. 
Sec. 309. Trade secrets. 
Sec. 310. Contraband cigarettes. 
Sec. 311. Recently enacted title 31 violations. 
Sec. 312. Archaeological Resources Protection Act. 
Sec. 313. Computer fraud. 
Sec. 314. False impersonation. 
Sec. 315. Conspiracies involving trafficking in persons. 
Subtitle B—Money Laundering 
Sec. 321. Interstate transportation of criminal proceeds and ‘‘reverse’’ money 
laundering. 
Sec. 322. Freezing bank accounts of persons arrested for offenses involving the 
movement of money across international borders. 
Sec. 323. Procedure for issuing subpoenas in certain money laundering and for-
feiture cases. 
Sec. 324. Using blank checks in bearer form to smuggle money. 
Sec. 325. Treating electronic funds as fungible property. 
Sec. 326. Bulk cash smuggling. 
Sec. 327. Making the international money laundering statute apply to tax eva-
sion. 
Sec. 328. Prohibiting money laundering through hawalas, other informal value 
transfer systems, and closely related transactions. 
Sec. 329. Section 1957 violations involving commingled funds and structured 
transactions. 
Sec. 330. Charging money laundering as a course of conduct. 
Sec. 331. Knowledge that the property is the proceeds of a specific felony. 
Sec. 332. Other specified activity for money laundering. 
Sec. 333. Illegal money transmitting businesses. 
Sec. 334. Technical correction to the USA Patriot Act. 
Sec. 335. Technical amendment to restore wiretap authority for certain money 
laundering offenses. 
Sec. 336. Miscellaneous minor and technical amendments. 
Sec. 337. Technical correction regarding forfeiture authority for Secretary, 
Homeland Security. 
Sec. 338. Stored value cards. 
Subtitle C—Recovering the Proceeds of Crime and Victim Restitution 
CHAPTER 1—CRIMINAL FORFEITURE PROCEDURE 
Sec. 341. Restraint of property subject to criminal forfeiture. 
Sec. 342. Authorizing forfeiture pursuant to a guilty plea. 
Sec. 343. Criminal seizure warrants. 
Sec. 344. Discovery procedure for locating forfeited assets. 
Sec. 345. Collection of criminal forfeiture judgment. 
Sec. 346. Abatement of forfeiture when defendant dies. 
Sec. 347. Forfeitable property transferred to third parties. 
Sec. 348. Forfeiture of third-party interests in criminal cases. 
Sec. 349. Severance of jointly held property. 
Sec. 350. Closing of loophole to defeat criminal forfeiture through bankruptcy. 
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Sec. 351. Uniform procedures for criminal forfeiture. 
Sec. 352. Appeals. 
Sec. 353. Victims, restitution, and forfeiture. 
Sec. 354. Authority of Secretary of Homeland Security. 
CHAPTER 2—INTERNATIONAL PROVISIONS 
Sec. 361. Procedures for enforcement of foreign forfeiture judgments and pro-
tective orders. 
Sec. 362. Extraterritorial jurisdiction. 
Sec. 363. Suspension of the statute of limitations to obtain foreign evidence. 
CHAPTER 3—CIVIL FORFEITURE 
Sec. 371. Computers and other devices used for counterfeiting. 
Sec. 372. Fungible property in bank accounts. 
Sec. 373. Availability of tax records. 
Sec. 374. Civil order to repatriate assets. 
Sec. 375. Clarification of 18 U.S.C. 3322. 
Sec. 376. Inapplicability of liability for attorneys fees in international money 
laundering cases. 
Sec. 377. Venue for prisoner challenges to seizure of crime proceeds. 
Sec. 378. Affording property owners a hearing on the seizure of real property. 
Sec. 379. Jurisdiction of magistrates. 
Sec. 380. Minor amendments to the Civil Asset Forfeiture Reform Act of 2000. 
Sec. 381. Property detained at the border. 
Sec. 382. Obstruction of justice. 
Sec. 383. Source of payment for attorney’s fees. 
Sec. 384. Excessive fines challenges. 
Sec. 385. Payment in lieu of forfeiture. 
Sec. 386. Statutory standing. 
Sec. 387. Updating the cross reference to forfeiture procedures. 
Sec. 388. Protecting the rights of victims. 
Sec. 389. Other minor and technical amendments. 
Sec. 390. Frivolous claims by prisoners. 
TITLE IV—DRUG TRAFFICKING ENFORCEMENT 
Subtitle A—Regulation of Analogue Substances 
Sec. 401. Short title. 
Sec. 402. Identification of analogues. 
Subtitle B—Clarification of Venue for Certain Drug Trafficking Offenses 
Sec. 411. Clarification of venue for certain drug trafficking offenses. 
TITLE V—CRIMINAL RESTITUTION IMPROVEMENT 
Sec. 501. Mandatory restitution for Federal offenses. 
Sec. 502. Table of sections amendment. 
Sec. 503. Effect of restitution order on sentence of probation. 
Sec. 504. Conforming amendments and repeals. 
Sec. 505. Special forfeiture of collateral profits from crime. 
Sec. 506. Amendments to the Mandatory Victims Restitution Act. 
Sec. 507. Amendments to the anti-fraud injunction statute. 
Sec. 508. Amendments to the Federal Debt Collection Procedures Act. 
Sec. 509. Authorization of appropriations. 
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TITLE VI—COUNTERTERRORISM AND NATIONAL SECURITY 
Sec. 601. Providing material support to facilitate, reward, or encourage acts of 
terrorism. 
Sec. 602. Prohibiting attempts and conspiracies to obtain military-type training 
from a foreign terrorist organization. 
Sec. 603. Kidnapping and rape overseas. 
Sec. 604. Hostage taking. 
Sec. 605. Interference with flight crew or threat to safety of aircraft. 
Sec. 606. Increased penalties for providing material support to terrorists. 
Sec. 607. Denial of Federal benefits to convicted terrorists. 
Sec. 608. Improve investigation of terrorist crimes. 
Sec. 609. Solicitation to commit a crime of violence or terrorism. 
Sec. 610. Terrorist offense resulting in death. 
Sec. 611. Death penalty for certain terror related crimes. 
Sec. 612. Increase in certain penalties. 
Sec. 613. Modernization of state of mind requirement for section 2339C of-
fenses. 
Sec. 614. Providing material support to terrorist groups. 
Sec. 615. Wiretap predicate. 
TITLE VII—GANG DETERRENCE AND COMMUNITY PROTECTION 
Sec. 701. Short title. 
Subtitle A—Criminal Law Reforms and Enhanced Penalties to Deter and 
Punish Illegal Street Gang Activity and Related Criminal Law Reforms 
Sec. 711. Revision and extension of penalties related to criminal street gang ac-
tivity. 
Sec. 712. Increased penalties for interstate and foreign travel or transportation 
in aid of racketeering. 
Sec. 713. Amendments relating to violent crime. 
Sec. 714. Increased penalties for use of interstate commerce facilities in the 
Commission of murder-for-hire and other felony crimes of vio-
lence. 
Sec. 715. Increased penalties for violent crimes in aid of racketeering activity. 
Sec. 716. Murder and other violent crimes committed during and in relation to 
a drug trafficking crime. 
Sec. 717. Multiple interstate murder. 
Sec. 718. Additional racketeering activity. 
Sec. 719. Expansion of rebuttable presumption against release of persons 
charged with firearms offenses. 
Sec. 720. Venue in capital cases. 
Sec. 721. Statute of limitations for violent crime. 
Sec. 722. Modification of definition of crime of violence. 
Sec. 723. Clarification to hearsay exception for forfeiture by wrongdoing. 
Sec. 724. Increased penalties for criminal use of firearms in crimes of violence 
and drug trafficking. 
Sec. 725. Transfer of juveniles. 
Subtitle B—Increased Federal Resources to Deter and Prevent At-Risk Youth 
From Joining Illegal Street Gangs 
Sec. 731. Designation of and assistance for ‘‘high intensity’’ interstate gang ac-
tivity areas. 
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Sec. 732. Grants to State and local prosecutors to combat violent crime and to 
protect witnesses and victims of crimes. 
TITLE I—VIOLENT CRIME PRE-
VENTION AND ENFORCEMENT 
Subtitle 
A—Improving 
Violent 
Crime Prevention and Strength-
ening Antigang Measures 
SEC. 101. AMENDMENTS RELATING TO VIOLENT CRIME. 
(a) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO 
COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO-
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 that 
the firearm will be used to commit, or possessed in fur-
therance of, a crime of violence or drug trafficking crime 
(as defined in subsection (c)(2)), shall be fined under this 
title and imprisoned not more than 20 years.’’. 
(b) CONSPIRACY PENALTY.—Section 371 of title 18, 
United States Code, is amended by striking ‘‘five years, 
or both.’’ and inserting ‘‘20 years (unless the maximum 
penalty for the crime that served as the object of the con-
spiracy has a maximum penalty of imprisonment of less 
than 20 years, in which case the maximum penalty under 
this section shall be the penalty for such crime), or both. 
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This paragraph does not supersede any other penalty spe-
cifically set forth for a conspiracy offense.’’. 
SEC. 102. POSSESSION OF FIREARMS BY DANGEROUS FEL-
ONS. 
(a) IN GENERAL.—Section 924(e) of title 18, United 
States Code, is amended by striking paragraph (1) and 
inserting the following: 
‘‘(1) In the case of a person who violates section 
922(g) of this title and has previously been convicted by 
any court referred to in section 922(g)(1) of a violent fel-
ony or a serious drug offense shall— 
‘‘(A) in the case of 1 such prior conviction, 
where a period of not more than 10 years has 
elapsed since the later of the date of conviction and 
the date of release of the person from imprisonment 
for that conviction, be imprisoned for not more than 
15 years, fined under this title, or both; 
‘‘(B) in the case of 2 such prior convictions, 
committed on occasions different from one another, 
and where a period of not more than 10 years has 
elapsed since the later of the date of conviction and 
the date of release of the person from imprisonment 
for the most recent such conviction, be imprisoned 
for not more than 20 years, fined under this title, 
or both; and 
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‘‘(C) in the case of 3 such prior convictions, 
committed on occasions different from one another, 
be fined under this title and imprisoned not less 
than 15 years or more than life, and notwith-
standing any other provision of law, the court shall 
not suspend the sentence of, or grant a probationary 
sentence to, such person with respect to the convic-
tion under section 922(g).’’. 
(b) AMENDMENT TO SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for 
violations of section 922(g) of title 18, United States 
Code, in accordance with section 924(e) of that title 18, 
as amended by subsection (a). 
SEC. 103. EXPANSION OF REBUTTABLE PRESUMPTION 
AGAINST RELEASE OF PERSONS CHARGED 
WITH FIREARMS OFFENSES. 
Section 3142(e) of title 18, United States Code, is 
amended in the matter following paragraph (3) by insert-
ing ‘‘an offense under subsection (g)(1), (g)(2), (g)(4), 
(g)(5), (g)(8), or (g)(9) of section 922,’’ after ‘‘that the 
person committed’’. 
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SEC. 104. CONFORMING AMENDMENT. 
Section 922(d) of title 18, United States Code, is 
amended in the matter preceding paragraph (1) by insert-
ing ‘‘, transfer,’’ after ‘‘sell’’. 
SEC. 105. INCREASED PENALTIES FOR INTERSTATE AND 
FOREIGN TRAVEL OR TRANSPORTATION IN 
AID OF RACKETEERING. 
Section 1952 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘perform’’ and 
all that follows through the end of the subsection 
and inserting ‘‘perform or attempts to perform an 
act described in paragraph (1), (2), or (3), or con-
spires to do so, shall be punished as provided in sub-
section (d).’’; and 
(2) by adding at the end following: 
‘‘(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.’’. 
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SEC. 106. 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’’; 
and 
(2) in subsection (a), by— 
(A) inserting ‘‘or other crime of violence, 
punishable by imprisonment for more than 1 
year,’’ after ‘‘intent that a murder’’; and 
(B) 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 death results, 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 
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