HR 3150 IHCommentsClose CommentsPermalink

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 commit violent crimes, to expand and improve gang prevention programs, and for other purposes.CommentsClose CommentsPermalink

July 24, 2007

Mr. KELLER of Florida introduced 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 concernedCommentsClose CommentsPermalink

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 commit violent crimes, to expand and improve gang prevention programs, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Anti-Gang Enforcement Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG ACTIVITY.

Chapter 26 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 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).CommentsClose CommentsPermalink





`(b) Penalties- Any person who violates subsection (a) shall--CommentsClose CommentsPermalink





`(1) be imprisoned not more than 10 years, fined under this title, or both; andCommentsClose CommentsPermalink





`(2) if the person recruited, solicited, induced, commanded, or caused to participate in a criminal street gang is a minor--CommentsClose CommentsPermalink





`(A) be imprisoned for not less than 3 years and not more than 10 years, fined under this title, or both; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 3. CRIMINAL STREET GANGS.

(a) Criminal Street Gang Prosecutions- Section 521 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 521. Criminal street gang prosecutions

`(a) Definitions- As used in this chapter:CommentsClose CommentsPermalink





`(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 any period of imprisonment) after the commission of a prior predicate gang crime, provided that the activities of the criminal street gang affect interstate or foreign commerce.CommentsClose CommentsPermalink





`(2) PREDICATE GANG CRIME- The term `predicate gang crime' means--CommentsClose CommentsPermalink





`(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, distributing, 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));CommentsClose CommentsPermalink





`(B) any act punishable by imprisonment for more than 1 year under section 844 (relating to explosive materials), section 922(g)(1) (where the underlying conviction is a serious violent felony (as defined in section 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, possession, 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 obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1512 (relating to tampering with a witness, victim, or informant), or section 1513 (relating to retaliating against a witness, victim, or informant), section 1951 (relating to interference with commerce, robbery or extortion), section 1952 (relating to racketeering), section 1956 (relating 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 commission of murder-for-hire), sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); orCommentsClose CommentsPermalink





`(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 immoral purpose).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Illegal Participation in Criminal Street Gangs- It shall be unlawful--CommentsClose CommentsPermalink





`(1) to participate in a criminal street gang by committing, or conspiring or attempting to commit, 2 or more predicate gang crimes--CommentsClose CommentsPermalink





`(A) in furtherance or in aid of the activities of a criminal street gang; orCommentsClose CommentsPermalink





`(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; orCommentsClose CommentsPermalink





`(2) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime--CommentsClose CommentsPermalink





`(A) in furtherance or in aid of the activities of a criminal street gang; orCommentsClose CommentsPermalink





`(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang.CommentsClose CommentsPermalink





`(c) Penalties-CommentsClose CommentsPermalink





`(1) IMPRISONMENT OF UP TO 30 YEARS OR LIFE- Any person who violates paragraph (1) of subsection (b)--CommentsClose CommentsPermalink





`(A) shall be imprisoned not more than 30 years;CommentsClose CommentsPermalink





`(B) if the violation is based on a predicate gang crime for which the maximum penalty includes life imprisonment, shall be imprisoned for any term of years or for life; andCommentsClose CommentsPermalink





`(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 instant violation, shall be imprisoned for any term of years not less than 15 years or for life.CommentsClose CommentsPermalink





`(2) IMPRISONMENT OF UP TO 20 YEARS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) SUBJECT IS A MINOR- If the person who was the subject of the violation under subsection (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.CommentsClose CommentsPermalink





`(C) CONSECUTIVE TERMS- A term of imprisonment under this paragraph shall run consecutively to any other term of imprisonment, including that imposed for any other violation of this chapter.CommentsClose CommentsPermalink





`(3) ADDITIONAL PENALTIES- In addition to any other penalty authorized by this section--CommentsClose CommentsPermalink





`(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 imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(B) a person who violates paragraph (1) or (2) of subsection (b), 1 of whose predicate gang crimes involves attempted murder or conspiracy to commit murder, shall be imprisoned for not more than 30 years; andCommentsClose CommentsPermalink





`(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 involved in such violation, shall be imprisoned for any term of years not less than 15 years or for life.CommentsClose CommentsPermalink





`(d) Forfeiture-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of the violation; andCommentsClose CommentsPermalink





`(B) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation.CommentsClose CommentsPermalink





`(2) APPLICATION OF CONTROLLED SUBSTANCES 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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`521. Criminal street gang prosecutions.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`Sec. 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 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 punishment provided for any other violation of this chapter--CommentsClose CommentsPermalink





`(1) for murder, by death or imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(2) for kidnapping or sexual assault, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(3) for maiming, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(4) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years, a fine under this title, or both;CommentsClose CommentsPermalink





`(5) for threatening to commit a crime of violence specified in paragraphs (1) through (4), by imprisonment for not more than 10 years, a fine under this title, or both;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(7) for 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 this title, or both.CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CRIMINAL STREET GANG- The term `criminal street gang' has the same meaning as in section 521 of this title.CommentsClose CommentsPermalink





`(2) MINOR- The term `minor' means a person who is less than 18 years of age.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`522. Recruitment of persons to participate in a criminal street gang.CommentsClose CommentsPermalink





`523. Violent crimes in furtherance of a criminal street gang.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(a) Any person who, in furtherance or in aid of an enterprise engaged in racketeering activity, murders, kidnaps, 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--CommentsClose CommentsPermalink





`(1) for murder, by death or imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(2) for kidnapping or sexual assault, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(3) for maiming, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink





`(4) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years, a fine under this title, or both;CommentsClose CommentsPermalink





`(5) for threatening to commit a crime of violence, by imprisonment for not more than 10 years, a fine under this title, or both;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(7) for attempting or conspiring to commit assault with a dangerous weapon or assault which would result in serious bodily injury, by imprisonment for not more than 20 years, a fine under this title, or both.'.CommentsClose CommentsPermalink

SEC. 6. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.

(a) In General- Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME

`In General

`Sec. 424. (a) Any person who, during and in relation to any drug trafficking crime, murders, kidnaps, 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, or attempts or conspires to do so, shall be punished, in addition and consecutive to the punishment provided for the drug trafficking crime--CommentsClose CommentsPermalink





`(1) in the case of murder, by death or imprisonment for any term of years or for life, a fine under title 18, United States Code, or both;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) in the case of maiming, by imprisonment for any term of years or for life, a fine under such title 18, or both;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(6) in the case of attempting or conspiring to commit murder, kidnapping, maiming, or sexual assault, by imprisonment for not more than 30 years, a fine under such title 18, or both; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Venue

`(b) A prosecution for a violation of this section may be brought in--CommentsClose CommentsPermalink





`(1) the judicial district in which the murder or other crime of violence occurred; orCommentsClose CommentsPermalink





`(2) any judicial district in which the drug trafficking crime may be prosecuted.CommentsClose CommentsPermalink

`Applicable Death Penalty Procedures

`(c) 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.CommentsClose CommentsPermalink

`Definitions

`(d) As used in this section--CommentsClose CommentsPermalink





`(1) the term `crime of violence' has the meaning given that term in section 924(c)(3) of title 18, United States Code; andCommentsClose CommentsPermalink





`(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.'.CommentsClose CommentsPermalink

SEC. 7. SENTENCING GUIDELINES FOR GANG CRIMES, INCLUDING 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 include an appropriate enhancement (which shall be in addition to any other adjustment under chapter 3 of the Federal 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.CommentsClose CommentsPermalink

SEC. 8. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.

(a) In General- The Attorney General shall expand the Project Safe Neighborhoods program to require each United States attorney to--CommentsClose CommentsPermalink





(1) identify, investigate, and prosecute significant criminal street gangs operating within their district;CommentsClose CommentsPermalink





(2) coordinate the identification, investigation, and prosecution of criminal street gangs among Federal, State, and local law enforcement agencies; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Additional Assistant United States Attorneys for Project Safe Neighborhoods-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General may hire 94 additional Assistant United States attorneys to carry out the provisions of this section.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 9. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT CRIMINAL STREET GANGS.

(a) Responsibilities of Attorney General- The Attorney General shall require the Federal Bureau of Investigation to--CommentsClose CommentsPermalink





(1) increase funding for the Safe Streets Program; andCommentsClose CommentsPermalink





(2) support the criminal street gang enforcement teams, established under section 110(b), in designated high intensity interstate gang activity areas.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- In addition to amounts otherwise authorized, there are authorized to be appropriated to the Federal Bureau of Investigation $5,000,000 for each of the fiscal years 2004 through 2008 to carry out the Safe Streets Program.CommentsClose CommentsPermalink





(2) AVAILABILITY- Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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 another (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--CommentsClose CommentsPermalink





`(1) shall be fined under this title, imprisoned for not more than 30 years, or both;CommentsClose CommentsPermalink





`(2) if personal injury results, shall be fined under this title, imprisoned for not more than 30 years, or both; andCommentsClose CommentsPermalink





`(3) if death results, may be fined not more than $250,000 under this title, and shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(b) Definitions- As used in this section:CommentsClose CommentsPermalink





`(1) FACILITY IN INTERSTATE COMMERCE- The term `facility in interstate commerce' includes means of transportation and communication.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink