Gang Abatement and Prevention Act of 2009

Bill: 111-s-132
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2009-01-06 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Crime prevention
Crimes against property
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Drug trafficking and controlled substances
Evidence and witnesses
Juvenile crime and gang violence
Law enforcement administration and funding
Law enforcement officers
Lawyers and legal services
Organized crime
Violent crime

Summary:
action_date: 2009-01-06
text: 
Gang Abatement and Prevention Act of 2009 - Amends the federal criminal code to: (1) impose penalties on individuals who knowingly commit a gang crime or other violent crime in furtherance of a criminal street gang or who recruit persons to participate in a gang; (2) expand the prohibition against committing violent crimes in aid of racketeering activity to include gang-related racketeering activity; and (3) increase criminal penalties for threats, attempts, or conspiracies to commit crimes of violence. 

Amends the Controlled Substances Act to impose criminal penalties on individuals who commit violent crimes in relation to a drug trafficking crime.

Expands restrictions on the release of persons charged with using firearms in a drug trafficking crime or a crime of violence.

 Establishes a 10-year limitation period for prosecutions of any noncapital felony crime of violence. 

 Increases criminal penalties for possession of firearms by felons with prior convictions for a violent felony or serious drug offense.

 Redefines and increases penalties for the crimes of carjacking and transfers of firearms to commit a crime of violence or drug trafficking. 

Increases penalties for conspiracy to commit a criminal offense or to defraud the United States.

 Extends to 10 years the limitation period for prosecuting certain federal crimes of terrorism.

 Establishes crimes committed in Indian country or in any other area of exclusive federal jurisdiction as a predicate for invoking federal racketeering laws.

 Establishes as a predicate for a wiretap authorization violations of the Controlled Substances Act relating to violent crimes in furtherance of a drug trafficking crime and certain criminal street gang activity.

 Expands the prohibition against impeding commerce by threats or violence to include robbery or extortion attempts committed by a person unlawfully impersonating a law enforcement officer.

 Prohibits traveling in interstate or foreign commerce or using the mail to tamper with or retaliate against a witness, victim, or informant in a state criminal proceeding.

 Authorizes the Attorney General to designate and assist state high intensity gang activity areas in combating gang activity. 

Directs the Office of Justice Programs to establish a National Gang Research, Evaluation, and Policy Institute to design and evaluate anti-gang programs. 

Authorizes the Office of Justice Programs of the Department of Justice (DOJ) to make grants to develop community-based programs that provide crime prevention, research, and intervention services for gang members and at-risk youth. 

 Authorizes the Attorney General to expand the Project Safe Neighborhoods Program and the Safe Streets Program.

Directs the Attorney General to: (1) establish a National Gang Activity Database; and (2) provide funding to the Regional Information Sharing Systems to use RISSNET to connect existing gang information systems with the Database.

 Amends the Violent Crime Control and Law Enforcement Act of 1994 to provide grants to assist prosecutors and law enforcement agencies in identifying gang members and violent offenders.

 Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to expand the number of sites receiving juvenile delinquency reduction grants. 

 Authorizes the Attorney General to make grants for carrying out projects involving innovative approaches to combat gang activity. 

Establishes in the U.S. Marshals Service a Short-Term State Witness Protection Section. 

 Authorizes the Attorney General to make grants to states for projects to prevent family abductions. 

 Directs the U.S. Sentencing Commission to report on the appropriateness of sentences for minors in the federal criminal justice system. 

Amends the Office of National Drug Control Policy Reauthorization Act of 1998 to require the Director of National Drug Control Policy to promote prevention of youth heroin use. 

 Authorizes the National District Attorneys Association to use the National Advocacy Center in South Carolina for a training program to improve the professional skills of state and local prosecutors. 

 Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime Prevention to study the effectiveness of crime and delinquency prevention and intervention strategies.

Authorizes the Director of the National Institute of Justice to make grants for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies.


Legislative actions:
action_date: 2009-01-06
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S104-114)
action_date: 2009-01-06
text: Sponsor introductory remarks on measure. (CR S103-104)
action_date: 2009-01-06
text: Introduced in Senate