I
103D CONGRESS
2D SESSION
H. R. 4848
To control crime.
IN THE HOUSE OF REPRESENTATIVES
JULY 28, 1994
Mr. DICKEY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To control 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
‘‘People’s Protection Crime Control Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—PUBLIC SAFETY AND POLICING
Subtitle A—Cops on the Beat
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Community policing; ‘‘Cops on the Beat’’.
Subtitle B—Safe Schools
Sec. 111. Increased penalties for drug trafficking near schools.
Sec. 112. Federal safe school districts.
Sec. 113. Enhanced penalty for violation of the Gun-Free School Zones Act.
Subtitle C—Criminal Street Gangs; Crimes Against Children; Parental
Accountability
Sec. 121. Criminal street gangs offenses.
Sec. 122. Drive-by shootings.
Sec. 123. Addition of anti-gang Byrne grant funding objective.
Sec. 124. Increased penalties for drug trafficking near public housing.
Sec. 125. Parental accountability.
Sec. 126. Death penalty for murder during the sexual exploitation of children.
Sec. 127. Increased penalties for sex offenses against victims below the age of
16.
Sec. 128. Penalties for international trafficking in child pornography.
Sec. 129. State legislation regarding child pornography.
Sec. 130. National registration of convicted child abusers.
Sec. 131. Increased penalties for assaults against children.
Sec. 132. Offense of inducing minors or other persons to use steroids.
Sec. 133. Increased penalties for drug distribution to pregnant women.
Sec. 134. Interstate enforcement of child support orders.
Sec. 135. Inclusion in consumer credit reports of information on overdue child
support obligations of the consumer.
Sec. 136. Crimes involving the use of minors as RICO predicates.
Sec. 137. Increased penalties for using minors in drug trafficking and drug dis-
tribution to minors.
Sec. 138. Increased penalties for using a minor in commission of a Federal of-
fense.
Sec. 139. International parental kidnapping.
Sec. 140. State court programs regarding international parental child abduc-
tion.
Subtitle D—Punishment of Serious Juvenile Offenders
Sec. 151. Serious juvenile drug offenses as Armed Career Criminal Act predi-
cates.
Sec. 152. Prosecution as adults of violent juvenile offenders.
Sec. 153. Amendments concerning records of crimes committed by juveniles.
TITLE II—STATE PRISON CONSTRUCTION GRANTS
Sec. 201. Grants.
Sec. 202. Federal funds.
Sec. 203. Authorization of appropriations.
Sec. 204. Definitions.
TITLE III—ELIMINATION OF DELAYS IN CARRYING OUT
SENTENCES
Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform
Sec. 301. Period of limitation for filing writ of habeas corpus following final
judgment of a State court.
Sec. 302. Authority of appellate judges to issue certificates of probable cause
for appeal in habeas corpus and Federal collateral relief pro-
ceedings.
Sec. 303. Conforming amendment to the rules of appellate procedure.
Sec. 304. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 305. Period of limitation for Federal prisoners filing for collateral remedy.
Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases
Sec. 311. Death penalty litigation procedures.
Subtitle C—Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases
Sec. 321. Funding for death penalty prosecutions.
TITLE IV—TWO STRIKES, YOU’RE OUT
Sec. 401. Life imprisonment or death penalty for second violent felony convic-
tion.
TITLE V—TAKING PRISONERS OFF THE STREETS
Subtitle A—Expanding Prison Capacity
Sec. 501. Non-applicability of Davis-Bacon to prison construction.
Subtitle B—Restriction on Court Jurisdiction
Sec. 502. Restricted Federal court jurisdiction in imposing remedies on State
and Federal prison systems.
Subtitle C—Limitation of Prisoners’ Rights
Sec. 511. Exhaustion requirement.
Sec. 512. Frivolous actions.
Sec. 513. Modification of required minimum standards.
Sec. 514. Review and certification procedure changes.
Sec. 515. Proceedings in forma pauperis.
Subtitle D—Prison Governance
Sec. 521. Corporal punishment.
Sec. 522. Incentive for work.
TITLE VI—VICTIMS RIGHTS
Subtitle A—Generally
Sec. 601. Notification on release of prisoners.
Sec. 602. Amendment of restitution provisions.
Sec. 603. Right of the victim to an impartial jury.
Sec. 604. Victim’s right of allocution in sentencing.
Sec. 605. Prohibition of retaliatory killings of witnesses, victims and inform-
ants.
Subtitle B—Admissibility of Evidence
Sec. 611. Admissibility of evidence of similar crimes in sex offense cases.
Sec. 612. Extension and strengthening of rape victim shield law.
Sec. 613. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Subtitle C—Good Faith Exemption to the Exclusionary Rule
Sec. 621. Admissibility of certain evidence.
TITLE VII—PROTECTION OF WOMEN
Subtitle A—Spouse Abuse and Stalking
Sec. 701. Interstate travel to commit spouse abuse or to violate protective
order; interstate stalking.
Sec. 702.
Full faith and credit for protective orders.
Subtitle B—Victims of Sexual Violence
Sec. 711. Civil remedy for victims of sexual violence.
Sec. 712. Extension and strengthening of restitution.
Sec. 713. Pre-trial detention in sex offense cases.
Subtitle C—Punishment of Sex Offenders
Sec. 721. Death penalty for rape and child molestation murders.
Sec. 722. Increased penalties for recidivist sex offenders.
Sec. 723. Sentencing guidelines increase for sex offenses.
Sec. 724. HIV testing and penalty enhancement in sexual offense cases.
Subtitle D—Rural Domestic Violence and Child Abuse Enforcement
Sec. 731. Rural domestic violence and child abuse enforcement assistance.
TITLE VIII—CRIMINAL ALIENS AND ALIEN SMUGGLING
Subtitle A—Deportation of Criminal Aliens
Sec. 801. Expediting criminal alien deportation and exclusion.
Sec. 802. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 803. Expansion in definition of ‘‘aggravated felony’’.
Sec. 804. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 805. Judicial deportation.
Sec. 806. Restricting defenses to deportation for certain criminal aliens.
Sec. 807. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 808. Miscellaneous and technical changes.
Sec. 809. Authorization of appropriations for criminal alien information system.
Subtitle B—Prevention and Punishment of Alien Smuggling
Sec. 811. Border patrol agents.
Sec. 812. Border patrol investigators.
Sec. 813. Including alien smuggling as a racketeering activity for purposes of
Racketeering Influenced and Corrupt Organizations (RICO)
enforcement authority.
Sec. 814. Enhanced penalties for employers who knowingly employ smuggled
aliens.
Sec. 815. Enhanced penalties for certain alien smuggling.
Sec. 816. Expanded forfeiture for smuggling or harboring illegal aliens.
Sec. 817. Compensation for incarceration of undocumented criminal aliens.
TITLE IX—INSTANT CHECK, RURAL DRUG TASK FORCES, AND
ENHANCED DRUG PENALTIES
Subtitle A—Instant Check System for Handgun Purchases
Sec. 901. Definitions.
Sec. 902. State instant criminal check systems for handgun purchases.
Sec. 903. Amendment of chapter 44 of title 18, United States Code.
Sec. 904. Establishment and operation of criminal history system.
Sec. 905. Operation of system for purpose of screening handgun purchasers.
Sec. 906. Improvement of criminal justice records.
Sec. 907. Access to State criminal records.
Sec. 908. Improvements in State records.
Sec. 909. Funding of State criminal records systems and dedication of funds.
Sec. 910. Authorization of appropriations.
Subtitle B—Drug Trafficking in Rural Areas
Sec. 911. Authorizations for rural law enforcement agencies.
Sec. 912. Rural crime and drug enforcement task forces.
Sec. 913. Cross-designation of Federal officers.
Sec. 914. Rural drug enforcement training.
Sec. 915. More agents for the Drug Enforcement Administration.
Subtitle C—Miscellaneous
Sec. 921. Enhancement of penalties for drug trafficking in prisons.
Sec. 922. Crack penalty amendments.
TITLE X—MISCELLANEOUS
Sec. 1001. Awards of Pell grants to prisoners prohibited.
Sec. 1002. Professional and commerical licences.
Sec. 1003. Limitations on payment of OASDI benefits to prisoners.
Sec. 1004. Limitation on use of veterans’ educational assistance by prisoners.
TITLE XI—PENALTIES FOR HARASSMENT OR OBSTRUCTION OF
LAWFUL HUNTING
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Obstruction of a lawful hunt.
Sec. 1105. Civil penalties.
Sec. 1106. Other relief.
Sec. 1107. Relationship to State and local law and civil actions.
Sec. 1108. Regulations.
TITLE XII—VIOLENT CRIME REDUCTION TRUST FUND
Sec. 1201. Purposes.
Sec. 1202. Reduction of Federal full-time equivalent positions.
Sec. 1203. Creation of Violent Crime Reduction Trust Fund.
Sec. 1204. Conforming reduction in discretionary spending limits.
TITLE I—PUBLIC SAFETY AND
POLICING
Subtitle A—Cops on the Beat
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Public Safety Partner-
ship and Community Policing Act of 1994’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) according to data compiled by the Federal
Bureau of Investigation, in 1961, there was approxi-
mately 1 reported violent crime per city police offi-
cer, but while from 1961 to 1991 there was no sub-
stantial increase in United States cities’ police em-
ployment rate, during the same period the number
of reported violent crimes per city police officer rose
to approximately 4.6 per officer;
(2) National Crime Survey figures indicate that
nearly 5,000,000 households in the United States
had at least 1 member who had been a victim of vio-
lent crime during 1991;
(3) these victims of violence experienced more
than 6,400,000 crimes of which about one-half were
reported to law enforcement authorities;
(4) community-oriented policing (‘‘cops on the
beat’’) enhances communication and cooperation be-
tween law enforcement and members of the commu-
nity;
(5) such communication and cooperation be-
tween law enforcement and members of the commu-
nity significantly assists in preventing and control-
ling crime and violence, thus enhancing public safe-
ty; and
(6) while increasing and maintaining police re-
sources and presence in the community are the long-
term responsibility of State and local governments,
State and local law enforcement agencies are in need
of immediate assistance to begin the process of re-
hiring officers who have been laid off for budgetary
reasons and hiring new, additional officers to assist
in the implementation of community-oriented polic-
ing.
(b) PURPOSES.—The purposes of this title are to—
(1) substantially increase the number of law en-
forcement officers interacting directly with members
of the community (‘‘cops on the beat’’);
(2) provide additional and more effective train-
ing to law enforcement officers to enhance their
problemsolving, service, and other skills needed in
interacting with members of the community;
(3) encourage the development and implementa-
tion of innovative programs to permit members of
the community to assist State and local law enforce-
ment agencies in the prevention of crime in the com-
munity; and
(4) encourage the development of new tech-
nologies to assist State and local law enforcement
agencies in reorienting the emphasis of their activi-
ties from reacting to crime to preventing crime,
by establishing a program of grants and assistance in fur-
therance of these objectives, including the authorization
for a period of 6 years of grants for the hiring and rehiring
of additional career law enforcement officers.
SEC. 103. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended—
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following new
part:
‘‘PART Q—PUBLIC SAFETY AND CITY POLICING;
‘COPS ON THE BEAT’
‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND
COMMUNITY POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen-
eral may make grants to units of State and local govern-
ment, and to other public and private entities, to increase
police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the
community to address crime and disorder problems, and
otherwise to enhance public safety.
‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—
Grants made under subsection (a) may be used for pro-
grams, projects, and other activities to—
‘‘(1) rehire law enforcement officers who have
been laid off as a result of State and local budget
reductions for deployment in community-oriented po-
licing; and
‘‘(2) hire new, additional career law enforce-
ment officers for deployment in community-oriented
policing across the Nation.
‘‘(c) TROOPS-TO-COPS PROGRAMS.—(1) Grants made
under subsection (a) may be used to hire former members
of the Armed Forces to serve as career law enforcement
officers for deployment in community-oriented policing,
particularly in communities that are adversely affected by
a recent military base closing.
‘‘(2) In this subsection, ‘former member of the Armed
Forces’ means a member of the Armed Forces of the Unit-
ed States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10,
United States Code.
‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made
under subsection (a) may include programs, projects, and
other activities to—
‘‘(1) increase the number of law enforcement
officers involved in activities that are focused on
interaction with members of the community on
proactive crime control and prevention by redeploy-
ing officers to such activities;
‘‘(2) provide specialized training to law enforce-
ment officers to enhance their conflict resolution,
mediation, problemsolving, service, and other skills
needed to work in partnership with members of the
community;
‘‘(3) increase police participation in multidisci-
plinary early intervention teams;
‘‘(4) develop new technologies to assist State
and local law enforcement agencies in reorienting