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.
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 ‘‘Criminal Street Gangs
Prevention Act of 1993’’.
SEC. 704. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 25 the following:
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec.
‘‘521.
Criminal street gangs.
‘‘§ 521. Criminal street gangs
‘‘(a) Whoever, under the circumstances described in
subsection (c) of this section, commits an offense de-
scribed in subsection (b) of this section, shall, in addition
to any other sentence authorized by law, be sentenced to
a term of imprisonment of not more than 10 years and
may also be fined under this title. Such sentence of impris-
onment shall run consecutively to any other sentence im-
posed.
‘‘(b) The offenses referred to in subsection (a) of this
section are—
‘‘(1) any Federal felony involving a controlled
substance (as defined in section 102 of the Con-
trolled Substances Act) for which the maximum pen-
alty is not less than five years;
‘‘(2) any Federal felony crime of violence; and
‘‘(3) a conspiracy to commit any of the offenses
described in paragraphs (1) through (3) of this sub-
section.
‘‘(c) The circumstances referred to in subsection (a)
of this section are that the offense described in subsection
(b) was committed as a member of, or on behalf of, a
criminal street gang and that person has been convicted,
within the past 5 years for—
‘‘(1) any offense listed in subsection (b) of this
section;
‘‘(2) any State offense—
‘‘(A) involving a controlled substance (as
defined in section 102 of the Controlled Sub-
stances Act) for which the maximum penalty is
not less than one year after imprisonment; or
‘‘(B) that is a crime of violence; for which
the maximum penalty is more than 1 year’s im-
prisonment; or
‘‘(3) any Federal or State offense that involves
the theft or destruction of property for which the
maximum penalty is more than 1 year’s imprison-
ment; or
‘‘(4) a conspiracy to commit any of the offenses
described in paragraphs (1) through (3) of this sub-
section.
‘‘(d) For purposes of this section—
‘‘(1) the term ‘criminal street gang’ means any
group, club, organization, or association of 5 or
more persons—
‘‘(A) whose members engage or have en-
gaged within the past 5 years, in a continuing
series of violations of any offense treated in
subsection (b); and
‘‘(B) whose activities affect interstate or
foreign commerce; and
‘‘(2) the term ‘conviction’ includes a finding,
under State or Federal law, that a person has com-
mitted an act of juvenile delinquency involving a vio-
lent or controlled substances felony.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 25 the follow-
ing:
‘‘26. Criminal street gangs ..............................................................
521’’.
Æ