I 
111TH CONGRESS 
1ST SESSION H. R. 2815 
To increase and enhance law enforcement resources committed to investigation 
and prosecution of violent gangs, to deter and punish violent gang crime, 
to reform and facilitate prosecution of juvenile gang members who com-
mit violent crimes, to expand and improve gang prevention programs, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2009 
Mr. ROONEY (for himself, Mr. LARSEN of Washington, and Mrs. MYRICK) in-
troduced the following bill; which was referred to the Committee 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 jurisdiction of the 
committee concerned 
A BILL 
To increase and enhance law enforcement resources com-
mitted to investigation and prosecution of violent gangs, 
to deter and punish violent gang crime, to reform and 
facilitate prosecution of juvenile gang members who com-
mit violent crimes, to expand and improve gang preven-
tion programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Gang Enforce-
ment Act of 2009’’. 
SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN 
CRIMINAL STREET GANG ACTIVITY. 
Chapter 26 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘§ 522. Recruitment of persons to participate in a 
criminal street gang 
‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 
person to use any facility in, or travel in, interstate or 
foreign commerce, or cause another to do so, in order to 
recruit, employ, 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(b). 
‘‘(b) PENALTIES.—Any person who violates sub-
section (a) shall— 
‘‘(1) be imprisoned not more than 10 years, 
fined under this title, or both; and 
‘‘(2) if the person recruited, solicited, induced, 
commanded, or caused to participate in a criminal 
street gang is a minor— 
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‘‘(A) be imprisoned for not less than 3 
years and not more than 10 years, fined under 
this title, or both; and 
‘‘(B) at the discretion of the sentencing 
judge, be liable for any costs incurred by the 
Federal Government, or by any State or local 
government, for housing, maintaining, and 
treating the person until the person attains the 
age of 18 years.’’. 
SEC. 3. CRIMINAL STREET GANGS. 
(a) CRIMINAL STREET GANG PROSECUTIONS.—Sec-
tion 521 of title 18, United States Code, is amended to 
read as follows: 
‘‘§ 521. Criminal street gang prosecutions 
‘‘(a) DEFINITIONS.—As used in this chapter: 
‘‘(1) CRIMINAL
STREET
GANG.—The term 
‘criminal street gang’ means a formal or informal 
group, club, organization, or association of 3 or 
more individuals, who act in concert, or agree to act 
in concert, with a purpose that any of these persons 
alone, or in any combination, commit or will commit, 
2 or more predicate gang crimes, 1 of which occurs 
after the date of enactment of The Gang Prevention 
and Effective Deterrence Act of 2003 and the last 
of which occurs not later than 10 years (excluding 
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any period of imprisonment) after the commission of 
a prior predicate gang crime, provided that the ac-
tivities of the criminal street gang affect interstate 
or foreign commerce. 
‘‘(2) PREDICATE
GANG
CRIME.—The term 
‘predicate gang crime’ means— 
‘‘(A) any act or threat, or attempted act or 
threat, which is chargeable under Federal or 
State law and punishable by imprisonment for 
more than 1 year, involving murder, attempted 
murder, manslaughter, gambling, kidnapping, 
robbery, extortion, arson, obstruction of justice, 
tampering with or retaliating against a witness, 
victim, or informant, burglary, sexual assault, 
carjacking, or manufacturing, importing, dis-
tributing, possessing with intent to distribute, 
or otherwise dealing in a controlled substance 
or listed chemicals (as those terms are defined 
in section 102 of the Controlled Substances Act 
(21 U.S.C. 802)); 
‘‘(B) any act punishable by imprisonment 
for more than 1 year under section 844 (relat-
ing to explosive materials), section 922(g)(1) 
(where the underlying conviction is a serious 
violent 
felony 
(as 
defined 
in 
section 
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3559(c)(2)(F) of this title) or is a serious drug 
offense (as defined in section 942(e)(2)(A) of 
this title)), or subsection (a)(2), (b), (c), (g), or 
(h) of section 924 (relating to receipt, posses-
sion, and transfer of firearms), sections 1028 
and 1029 (relating to fraud and related activity 
in connection with identification documents or 
access devices), section 1503 (relating to ob-
struction of justice), section 1510 (relating to 
obstruction of criminal investigations), section 
1512 (relating to tampering with a witness, vic-
tim, or informant), or section 1513 (relating to 
retaliating against a witness, victim, or inform-
ant), section 1951 (relating to interference with 
commerce, robbery or extortion), section 1952 
(relating to racketeering), section 1956 (relat-
ing to the laundering of monetary instruments), 
section 1957 (relating to engaging in monetary 
transactions in property derived from specified 
unlawful activity), section 1958 (relating to use 
of interstate commerce facilities in the commis-
sion of murder-for-hire), sections 2312 through 
2315 (relating to interstate transportation of 
stolen motor vehicles or stolen property); or 
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‘‘(C) any act involving the Immigration 
and Nationality Act, section 274 (relating to 
brining in and harboring certain aliens), section 
277 (relating to aiding or assisting certain 
aliens to enter the United States), or section 
278 (relating to importation of alien for im-
moral purpose). 
‘‘(3) 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) ILLEGAL PARTICIPATION IN CRIMINAL STREET 
GANGS.—It shall be unlawful— 
‘‘(1) to participate in a criminal street gang by 
committing, or conspiring or attempting to commit, 
2 or more predicate gang crimes— 
‘‘(A) in furtherance or in aid of the activi-
ties of a criminal street gang; or 
‘‘(B) for the purpose of gaining entrance 
to or maintaining or increasing position in such 
a gang; or 
‘‘(2) to employ, use, command, counsel, per-
suade, induce, entice, or coerce any individual to 
commit, cause to commit, or facilitate the commis-
sion of, a predicate gang crime— 
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‘‘(A) in furtherance or in aid of the activi-
ties of a criminal street gang; or 
‘‘(B) for the purpose of gaining entrance 
to or maintaining or increasing position in such 
a gang. 
‘‘(c) PENALTIES.— 
‘‘(1) IMPRISONMENT OF UP TO 30 YEARS OR 
LIFE.—Any person who violates paragraph (1) of 
subsection (b)— 
‘‘(A) shall be imprisoned not more than 30 
years; 
‘‘(B) if the violation is based on a predi-
cate gang crime for which the maximum pen-
alty includes life imprisonment, shall be impris-
oned for any term of years or for life; and 
‘‘(C) if the person commits such a violation 
after 1 or more prior convictions for such a 
predicate gang crime, that is not part of the in-
stant violation, shall be imprisoned for any term 
of years not less than 15 years or for life. 
‘‘(2) IMPRISONMENT OF UP TO 20 YEARS.— 
‘‘(A) IN GENERAL.—A person who violates 
subsection (b)(2) shall be imprisoned for not 
more than 20 years, fined under this title, or 
both. 
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‘‘(B) SUBJECT IS A MINOR.—If the person 
who was the subject of the violation under sub-
section (b)(2) was less than 18 years of age at 
the time of the violation, the person committing 
the violation shall be imprisoned for not less 
than 10 years. 
‘‘(C) CONSECUTIVE
TERMS.—A term of 
imprisonment under this paragraph shall run 
consecutively to any other term of imprison-
ment, including that imposed for any other vio-
lation of this chapter. 
‘‘(3) ADDITIONAL PENALTIES.—In addition to 
any other penalty authorized by this section— 
‘‘(A) a person who violates paragraph (1) 
or (2) of subsection (b), 1 of whose predicate 
gang crimes involves murder or conspiracy to 
commit murder which results in the taking of 
a life, shall be punished by death or by impris-
onment for any term of years or for life; 
‘‘(B) a person who violates paragraph (1) 
or (2) of subsection (b), 1 of whose predicate 
gang crimes involves attempted murder or con-
spiracy to commit murder, shall be imprisoned 
for not more than 30 years; and 
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‘‘(C) a person who violates paragraph (1) 
or (2) of subsection (b), and who at the time 
of the offense occupied a position of organizer, 
leader, supervisor, manager, or other position of 
management in the criminal street gang in-
volved in such violation, shall be imprisoned for 
any term of years not less than 15 years or for 
life. 
‘‘(d) FORFEITURE.— 
‘‘(1) IN GENERAL.—A person who violates any 
provision of this section shall, in addition to any 
other penalty and irrespective of any provision of 
State law, forfeit to the United States— 
‘‘(A) any property constituting, or derived 
from, any proceeds the person obtained, directly 
or indirectly, as a result of the violation; and 
‘‘(B) any property used, or intended to be 
used, in any manner or part, to commit, or to 
facilitate the commission 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.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 26 of title 18, United States 
Code, is amended to read as follows: 
‘‘521. Criminal street gang prosecutions.’’. 
SEC. 4. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF 
CRIMINAL STREET GANGS. 
(a) VIOLENT CRIMES AND CRIMINAL STREET GANG 
RECRUITMENT.—Chapter 26 of title 18, United States 
Code, as amended by section 2, is amended by adding at 
the end the following: 
‘‘§ 523. Violent crimes in furtherance or in aid of a 
criminal street gang 
‘‘(a) Any person who, in furtherance or in aid of a 
criminal street gang, murders, kidnaps, sexually assaults, 
maims, assaults with a dangerous weapon, commits as-
sault resulting in serious bodily injury upon, or threatens 
to commit a crime of violence against any individual, or 
attempts or conspires to do so, shall be punished, in addi-
tion and consecutive to the punishment provided for any 
other violation of this chapter— 
‘‘(1) for murder, by death or imprisonment for 
any term of years or for life, a fine under this title, 
or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment for any term of years or for life, a fine 
under this title, or both; 
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‘‘(3) for maiming, by imprisonment for any 
term of years or for life, a fine under this title, or 
both; 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for threatening to commit a crime of vio-
lence specified in paragraphs (1) through (4), by im-
prisonment for not more than 10 years, a fine under 
this title, or both; 
‘‘(6) for attempting or conspiring to commit 
murder, kidnapping, maiming, or sexual assault, by 
imprisonment for not more than 30 years, a fine 
under this title, or both; and 
‘‘(7) for attempting or conspiring to commit a 
crime involving assault with a dangerous weapon or 
assault resulting in serious bodily injury, by impris-
onment for not more than 20 years, a fine under 
this title, or both. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) CRIMINAL
STREET
GANG.—The term 
‘criminal street gang’ has the same meaning as in 
section 521 of this title. 
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‘‘(2) MINOR.—The term ‘minor’ means a per-
son who is less 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 a criminal street gang. 
‘‘523. Violent crimes in furtherance of a criminal street gang.’’. 
SEC. 5. INCREASED PENALTIES FOR VIOLENT CRIMES IN 
AID OF RACKETEERING ACTIVITY. 
Section 1959(a) of title 18, United States Code, is 
amended to read as follows: 
‘‘(a) Any person who, in furtherance or in aid of an 
enterprise engaged in racketeering activity, murders, kid-
naps, sexually assaults, maims, assaults with a dangerous 
weapon, commits assault resulting in serious bodily injury 
upon, or threatens to commit a crime of violence against 
any individual in violation of the laws of any State or the 
United States, or attempts or conspires to do so, shall be 
punished, in addition and consecutive to the punishment 
provided for any other violation of this chapter— 
‘‘(1) for murder, by death or imprisonment for 
any term of years or for life, a fine under this title, 
or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment for any term of years or for life, a fine 
under this title, or both; 
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‘‘(3) for maiming, by imprisonment for any 
term of years or for life, a fine under this title, or 
both; 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for threatening to commit a crime of vio-
lence, by imprisonment for not more than 10 years, 
a fine under this title, or both; 
‘‘(6) for attempting or conspiring to commit 
murder, kidnapping, maiming, or sexual assault, by 
imprisonment for not more than 30 years, a fine 
under this title, or both; and 
‘‘(7) for attempting or conspiring to commit as-
sault with a dangerous weapon or assault which 
would result in serious bodily injury, by imprison-
ment for not more than 20 years, a fine under this 
title, or both.’’. 
SEC. 6. 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: 
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‘‘MURDER
AND
OTHER
VIOLENT
CRIMES
COMMITTED 
DURING AND IN RELATION TO A DRUG TRAFFICKING 
CRIME 
‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur-
ing and in relation to any drug trafficking crime, murders, 
kidnaps, sexually assaults, maims, assaults with a dan-
gerous weapon, commits assault resulting in serious bodily 
injury upon, or threatens to commit a crime of violence 
against, any individual, or attempts or conspires to do so, 
shall be punished, in addition and consecutive to the pun-
ishment provided for the drug trafficking crime— 
‘‘(1) in the case of murder, by death or impris-
onment for any term of years or for life, a fine 
under title 18, United States Code, or both; 
‘‘(2) in the case of kidnapping or sexual assault 
by imprisonment for any term of years or for life, 
a fine under such title 18, or both; 
‘‘(3) in the case of maiming, by imprisonment 
for any term of years or for life, a fine under such 
title 18, or both; 
‘‘(4) in the case of assault with a dangerous 
weapon or assault resulting in serious bodily injury, 
by imprisonment not more than 30 years, a fine 
under such title 18, or both; 
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‘‘(5) in the case of threatening to commit a 
crime of violence specified in paragraphs (1) through 
(4), by imprisonment for not more than 10 years, a 
fine under such title 18, or both; 
‘‘(6) in the case of attempting or conspiring to 
commit murder, kidnapping, maiming, or sexual as-
sault, by imprisonment for not more than 30 years, 
a fine under such title 18, or both; and 
‘‘(7) in the case of attempting or conspiring to 
commit a crime involving assault with a dangerous 
weapon or assault resulting in serious bodily injury, 
by imprisonment for not more than 20 years, a fine 
under such title 18, or both. 
‘‘(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) APPLICABLE DEATH PENALTY PROCEDURES.— 
A defendant who has been found guilty of an offense under 
this section for which a sentence of death is provided shall 
be subject to the provisions of chapter 228 of title 18, 
United States Code. 
‘‘(d) DEFINITIONS.—As used in this section— 
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‘‘(1) the term ‘crime of violence’ has the mean-
ing given that term in section 924(c)(3) 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 Controlled Substances Act 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. 7. SENTENCING GUIDELINES FOR GANG CRIMES, IN-
CLUDING AN INCREASE IN OFFENSE LEVEL 
FOR PARTICIPATION IN CRIME AS A GANG 
MEMBER. 
Pursuant to its authority under section 994(p) of title 
28, United States Code, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines 
to eliminate the policy statement in section 5K2.18 of the 
guidelines regarding section 521 of title 18, United States 
Code, and instead provide a base offense level in chapter 
2 of the guidelines for offenses described in sections 521, 
522, and 523 of title 18, United States Code, that reflects 
the seriousness of these offenses. Such guidelines shall in-
clude an appropriate enhancement (which shall be in addi-
tion to any other adjustment under chapter 3 of the Fed-
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eral Sentencing guidelines) for any offense described in 
section 521, 522, or 523 if the offense was committed in 
furtherance or in aid of the activities of a criminal street 
gang. 
SEC. 8. ENHANCEMENT OF PROJECT SAFE NEIGHBOR-
HOODS INITIATIVE TO IMPROVE ENFORCE-
MENT OF CRIMINAL LAWS AGAINST VIOLENT 
GANGS. 
(a) IN GENERAL.—The Attorney General shall ex-
pand the Project Safe Neighborhoods program to require 
each United States attorney to— 
(1) identify, investigate, and prosecute signifi-
cant criminal street gangs operating within their dis-
trict; 
(2) coordinate the identification, investigation, 
and prosecution of criminal street gangs among Fed-
eral, State, and local law enforcement agencies; and 
(3) coordinate and establish criminal street 
gang enforcement teams, established under section 
101(b), in high intensity interstate gang activity 
areas within a United States attorney’s district. 
(b) ADDITIONAL ASSISTANT UNITED STATES ATTOR-
NEYS FOR PROJECT SAFE NEIGHBORHOODS.— 
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(1) IN GENERAL.—The Attorney General may 
hire 94 additional Assistant United States attorneys 
to carry out the provisions of this section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $7,500,000 
for each of the fiscal years 2004 through 2008 to 
carry out this section. 
SEC. 9. ADDITIONAL RESOURCES NEEDED BY THE FED-
ERAL BUREAU OF INVESTIGATION TO INVES-
TIGATE AND PROSECUTE VIOLENT CRIMINAL 
STREET GANGS. 
(a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 
The Attorney General shall require the Federal Bureau 
of Investigation to— 
(1) increase funding for the Safe Streets Pro-
gram; and 
(2) support the criminal street gang enforce-
ment teams, established under section 110(b), in 
designated high intensity interstate gang activity 
areas. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise authorized, there are authorized to be appro-
priated to the Federal Bureau of Investigation 
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$5,000,000 for each of the fiscal years 2004 through 
2008 to carry out the Safe Streets Program. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
SEC. 10. MULTIPLE INTERSTATE MURDER. 
Part I of chapter 51 of title 18, United States Code, 
is amended by adding at the end the following new section: 
‘‘SEC. 1123. USE OF INTERSTATE COMMERCE FACILITIES IN 
THE COMMISSION OF MULTIPLE MURDER. 
‘‘(a) IN GENERAL.—Any person who travels in or 
causes another (including the intended victim) to travel 
in interstate or foreign commerce, or uses or causes an-
other (including the intended victim) to use the mail or 
any facility in interstate or foreign commerce, with intent 
that 2 or more murders be committed in violation of the 
laws of any State or the United States, or who conspires 
to do so— 
‘‘(1) shall be fined under this title, imprisoned 
for not more than 30 years, or both; 
‘‘(2) if personal injury results, shall be fined 
under this title, imprisoned for not more than 30 
years, or both; and 
‘‘(3) if death results, may be fined not more 
than $250,000 under this title, and shall be pun-
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ished by death or imprisoned for any term of years 
or for life. 
‘‘(b) DEFINITIONS.—As used in this section: 
‘‘(1) FACILITY IN INTERSTATE COMMERCE.— 
The term ‘facility in interstate commerce’ includes 
means of transportation and communication. 
‘‘(2) 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.’’. 
Æ 
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