Title: Cracking Down on Gangs and Deporting Criminals Act of 2020
Policy area: Crime and Law Enforcement

Summary:
Cracking Down on Gangs and Deporting Criminals Act of 2020
This bill provides for additional instances when the prison sentence may be increased by up to ten years for an individual involved in a criminal street gang and is convicted of certain crimes, and contains other related provisions.
Currently, the increased prison sentence applies to certain offenses related to (1) controlled substances, (2) violence involving physical force, or (3) human trafficking or sexual abuse. The bill establishes that certain offenses related to deriving income from or participating in a pattern of racketeering activity or collection of unlawful debt shall also be eligible for the sentence increase.
The bill also expands the circumstances in which an individual may be considered to be involved in a criminal street gang and thus be eligible for the sentence increase.
In addition, the Department of Justice (DOJ) shall establish and maintain a national criminal street gang database. If an individual who is convicted and eligible for such a sentence enhancement is an alien, DOJ shall report the sentence enhancement to the Department of Homeland Security and the individual shall be subject to removal proceedings.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4238 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4238

  To amend title 18, United States Code, relating to criminal street 
                     gangs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

Mrs. Loeffler (for herself, Mrs. Blackburn, and Mr. Cotton) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, relating to criminal street 
                     gangs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cracking Down on Gangs and Deporting 
Criminals Act of 2020''.

SEC. 2. CRIMINAL STREET GANGS.

    Section 521 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``the circumstances'' 
        and inserting ``a circumstance'';
            (2) in subsection (c)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph 
                (5);
                    (C) by inserting after paragraph (3) the following:
            ``(4) an offense under section 1962; and''; and
                    (D) in paragraph (5), as so redesignated, by 
                striking ``or (3)'' and inserting ``(3), or (4)'';
            (3) in subsection (d)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1)(A) participates in a criminal street gang with 
        knowledge that its members engage in or have engaged in a 
        continuing series of offenses described in subsection (c);
            ``(B) intends to promote or further the felonious 
        activities of the criminal street gang or maintain or increase 
        his or her position in the gang;
            ``(C) intends to acquire or maintain, directly or 
        indirectly, through illegal activity by or on behalf of a 
        criminal street gang, or proceeds derived therefrom any 
        interest in or control of any real or personal property of any 
        nature, including money;
            ``(D) occupies a position of organizer, supervisory 
        position, or any other position of management or leadership 
        with regard to a criminal street gang;
            ``(E) intends to cause, encourage, solicit, recruit, or 
        coerce another to become a member or associate of a criminal 
        street gang, to participate in a criminal street gang;
            ``(F) communicates, directly or indirectly, with another 
        person any threat of injury or damage to the person or property 
        of the other person or of any associate or relative of the 
        other person with the intent to deter such person from 
        assisting a member or associate of a criminal street gang to 
        withdraw from such criminal street gang;
            ``(G) communicates, directly or indirectly, with another 
        person any threat of injury or damage to the person or property 
        of the other person or of any associate or relative of the 
        other person with the intent to punish or retaliate against 
        such person for having withdrawn from a criminal street gang;
            ``(H) communicates, directly or indirectly, with another 
        person any threat of injury or damage to the person or property 
        of the other person or of any associate or relative of the 
        other person with the intent to punish or retaliate against 
        such person for refusing to or encouraging another to refuse to 
        become or obtain the status of a member or associate of a 
        criminal street gang;
            ``(I) communicates, directly or indirectly, with another 
        person any threat of injury or damage to the person or property 
        of the other person or of any associate or relative of the 
        other person with the intent to punish or retaliate against 
        such person for providing statements or testimony against 
        criminal street gangs or any criminal street gang member or 
        associate; or
            ``(J) communicates, directly or indirectly, with another 
        person any threat of injury or damage to the person or property 
        of the other person or of any associate or relative of the 
        other person with the intent to intimidate, deter, or prevent 
        such person from communicating to any law enforcement or 
        corrections officer, prosecuting attorney, or judge information 
        relating to criminal street gangs, or criminal street gang 
        members or associates; and''; and
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
            (4) by adding at the end the following:
    ``(e) Criminal Street Gang Database.--
            ``(1) In general.--The Attorney General shall establish and 
        maintain a national criminal street gang database to facilitate 
        the exchange of information between Federal, State, and local 
        law enforcement agencies, prosecution and corrections agencies, 
        offices, and departments.
            ``(2) Reporting of criminal street gang data.--Each State 
        and unit of local government that receives Federal funds under 
        subpart 1 of part E of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall submit 
        to the Attorney General such information relating to criminal 
        street gangs as the Attorney General may require to be included 
        in the criminal street gang database established under 
        paragraph (1).
    ``(f) Aliens Associated With Criminal Gangs.--If the sentence of an 
alien is enhanced under this section, or the sentence is eligible for 
enhancement regardless of whether such enhancement is actually applied 
or sought, the Attorney General shall report such sentence enhancement 
to the Department of Homeland Security, and the alien shall be subject 
to removal in accordance with section 241 of the Immigration and 
Nationality Act (8 U.S.C. 1231).
    ``(g) Reporting.--Not later than 1 year after the date of enactment 
of the Cracking Down on Gangs and Deporting Criminals Act of 2020, and 
each year thereafter, each United States Attorney shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report detailing the--
            ``(1) number of cases for which a sentence enhancement was 
        sought under this section; and
            ``(2) the actual sentences imposed in the cases described 
        in paragraph (1).''.
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