I
107TH CONGRESS
1ST SESSION
H. R. 1775
To amend title 18, United States Code, to create an offense of solicitation
or recruitment of persons in criminal street gang activity.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2001
Mr. GALLEGLY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend title 18, United States Code, to create an offense
of solicitation or recruitment of persons in 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 ‘‘Anti-Gang Violence
Act of 2001’’.
SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN
CRIMINAL STREET GANG ACTIVITY.
(a) PROHIBITED CONDUCT.—Chapter 26 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘§ 522. Recruitment of persons to participate in
criminal street gang activity
‘‘(a) PROHIBITED CONDUCT.—It shall be unlawful
for any person, to use any facility in, or travel in, inter-
state or foreign commerce, or cause another to do so, to
recruit, solicit, induce, command, or cause another person
to be or remain as a member of a criminal street gang,
or conspire to do so, with the intent that the person being
recruited, solicited, induced, commanded, or caused to be
or remain a member of such gang participate in an offense
described in section 521(c).
‘‘(b) PENALTIES.—
‘‘(1) IN GENERAL.—Whoever violates subsection
(a) shall, if the person recruited, solicited, induced,
commanded, or caused—
‘‘(A) is a minor, be imprisoned not less
than 4 years and not more than 10 years, and
fined under this title; or
‘‘(B) is not a minor, be imprisoned not less
than 1 year and not more than 10 years, and
fined under this title.
‘‘(2) LIABILITY
FOR
CERTAIN
COSTS.—The
court may, at the time of sentencing a person con-
victed of violating subsection (a), order that the per-
son shall be liable for any costs incurred by the Fed-
eral Government or by any State or local govern-
ment for housing, maintaining, and treating the
minor until the minor attains the age of 18 years.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) CRIMINAL
STREET
GANG.—The term
‘criminal street gang’ has the meaning given the
term in section 521.
‘‘(2) MINOR.—The term ‘minor’ means a per-
son who is younger than 18 years of age.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 26 of title 18, United States
Code, is amended by adding at the end the following:
‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.
SEC. 3. INCREASED PENALTIES FOR USING MINORS TO DIS-
TRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (c), by striking ‘‘one year’’
and inserting ‘‘5 years’’.
SEC. 4. PENALTIES FOR USE OF MINORS IN CRIMES OF VIO-
LENCE.
(a) IN GENERAL.—Chapter 1 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 25. Use of minors in crimes of violence
‘‘(a) PENALTIES.—Except as otherwise provided by
law, whoever, being not less than 18 years of age, know-
ingly and intentionally uses a minor to commit a Federal
offense that is a crime of violence, or to assist in avoiding
detection or apprehension for such an offense, shall—
‘‘(1) be subject to 2 times the maximum impris-
onment and 2 times the maximum fine that would
otherwise be imposed for the offense; and
‘‘(2) for second or subsequent convictions under
this subsection, be subject to 3 times the maximum
fine that would otherwise be imposed for the offense.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of
violence’ has the meaning given the term in section
16 of this title.
‘‘(2) MINOR.—The term ‘minor’ means a per-
son who is less than 18 years of age.
‘‘(3) USES.—The term ‘uses’ means employs,
hires, persuades, induces, entices, or coerces.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
25. Use of minors in crimes of violence.’’.
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