109TH CONGRESS
1ST SESSION
H. R. 1279
AN ACT
To amend title 18, United States Code, to reduce
violent gang crime and protect law-abiding citi-
zens and communities from violent criminals, and
for other purposes.
109TH CONGRESS
1ST SESSION
H. R. 1279
AN ACT
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 ACTIV-
ITY.
(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, aggra-
vated 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 sen-
tence 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
SUB-
STANCES 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
‘criminal 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 violence other than an offense punishable
under subparagraph (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 association, 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 (other than a
crime of violence against the property of an-
other).
‘‘(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 con-
trolled substance or listed chemical (as those
terms are defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)).
‘‘(D) Any conduct punishable under sec-
tion 844 (relating to explosive materials), sub-
section (a)(1), (d), (g)(1) (where the underlying
conviction is a violent felony (as defined in sec-
tion 924(e)(2)(B) of this title) or is a serious
drug 
offense 
(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 (relating to unlawful acts),
or subsection (b), (c), (g), (h), (k), (l), (m), or
(n) of section 924 (relating to penalties), sec-
tion 930 (relating to possession of firearms and
dangerous weapons in Federal facilities), sec-
tion 931 (relating to purchase, ownership, or
possession of body armor by violent felons), sec-
tions 1028 and 1029 (relating to fraud and re-
lated activity in connection with identification
documents or access devices), section 1952 (re-
lating to interstate and foreign travel or trans-
portation in aid of racketeering enterprises),
section 1956 (relating to the laundering of
monetary instruments), section 1957 (relating
to engaging in monetary transactions in prop-
erty derived from specified unlawful activity), or
sections 2312 through 2315 (relating to inter-
state transportation of stolen motor vehicles 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 Columbia, and any commonwealth, territory, or
possession 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
inserting ‘‘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 prosecu-
tions)’’ before ‘‘, section 541’’.
SEC. 102. 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 an act described in para-
graph (1), (2), or (3), or conspires to do so, shall
be punished as provided in subsection (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 less than 5 nor more than 20 years; and
‘‘(2) in the case of a violation of paragraph (2),
a fine under this title and imprisonment for not less
than 10 nor more than 30 years, but if death results
the offender shall be sentenced to death, or to im-
prisonment for any term of years or for life.’’.
SEC. 103. 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
not less than 10 years nor more than 30 years’’ in
paragraph (2).
(b) 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 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 less than 5 years
nor 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’’.
SEC. 104. 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
maiming, or a conspiracy to commit such a crime of
violence, be imprisoned for life or any term of years
not less than 30;
‘‘(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
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) 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. 105. 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
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 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),
be imprisoned for life or for 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.—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.’’.
SEC. 106. 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),
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:
‘‘Sec. 424. Murder and other violent crimes committed during and in relation
to a drug trafficking crime.’’.
SEC. 107. 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
life or any term of years not less than 20; and
‘‘(3) in any other case, be imprisoned for life or
for any term of years not less than 10.
‘‘(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.’’.
(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. 108. 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. 109. 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
drug trafficking crime (as defined in section
924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of
section 922, or a crime of violence,’’ after ‘‘that the
person committed’’; and
(2) 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. 110. 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-
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. 111. 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. 112. MODIFICATION OF DEFINITION OF CRIME OF VIO-
LENCE.
Section 16(b) of title 18, United States Code, is
amended to read as follows:
‘‘(b) any other offense that is an offense pun-
ishable by imprisonment for more than one year and
that, by its nature, involves a substantial risk that
physical injury may result to the person or property
of another, or is an offense punishable under sub-