U.S. Congress - Text of S.1860 as Introduced in Senate Proceeds of Crime Act of 2007
The easiest way to email your members of Congress
Donate Now
Loading Bill Text
Rollover any line of text to comment and/or link to it.
S 1860 ISCommentsClose CommentsPermalink
To control violent crime.CommentsClose CommentsPermalink
July 24, 2007
Mr. CORNYN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To control violent crime.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 `Violent Crime Control Act of 2007'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--VIOLENT CRIME PREVENTION AND ENFORCEMENT
Subtitle A--Improving Violent Crime Prevention and Strengthening Antigang Measures
Sec. 101. Amendments relating to violent crime.CommentsClose CommentsPermalink
Sec. 102. Possession of firearms by dangerous felons.CommentsClose CommentsPermalink
Sec. 103. Expansion of rebuttable presumption against release of persons charged with firearms offenses.CommentsClose CommentsPermalink
Sec. 104. Conforming amendment.CommentsClose CommentsPermalink
Sec. 105. Increased penalties for interstate and foreign travel or transportation in aid of racketeering.CommentsClose CommentsPermalink
Sec. 106. Increased penalties for use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.CommentsClose CommentsPermalink
Sec. 107. Statute of limitations for violent crime.CommentsClose CommentsPermalink
Sec. 108. Statute of limitations for terrorism offenses.CommentsClose CommentsPermalink
Sec. 109. Crimes of violence and drug crimes committed by illegal aliens.CommentsClose CommentsPermalink
Subtitle B--Death Penalty Procedures Improvement Act
Sec. 121. Short title.CommentsClose CommentsPermalink
Sec. 122. Elimination of death penalty hearing discrepancies.CommentsClose CommentsPermalink
Sec. 123. Amendments relating to section 3593 of title 18.CommentsClose CommentsPermalink
Sec. 124. Amendments relating to section 3592 of title 18.CommentsClose CommentsPermalink
Sec. 125. Amendments relating to section 3594 of title 18.CommentsClose CommentsPermalink
Sec. 126. Amendments relating to sections 3596 and 3597 of title 18.CommentsClose CommentsPermalink
Subtitle C--Clarifying the Authority To Issue Cell Location Orders
Sec. 131. Amendment to section 2703 of title 18 to clarify ongoing scope of orders and warrants.CommentsClose CommentsPermalink
Sec. 132. Pen register and trap and trace amendment.CommentsClose CommentsPermalink
Sec. 133. Amendment to mobile tracking devices statute.CommentsClose CommentsPermalink
Sec. 134. Amendment to Communications Assistance for Law Enforcement Act.CommentsClose CommentsPermalink
TITLE II--ENDING DEMAND FOR CHILD PORNOGRAPHY AND CHILD SEXUAL EXPLOITATION
Sec. 201. Mandatory minimum for possession of child pornography.CommentsClose CommentsPermalink
Sec. 202. Strengthening
Sec. 203. Conspiracy provision for chapter 77 offenses.CommentsClose CommentsPermalink
Sec. 204. Amend definition of illicit sexual conduct.CommentsClose CommentsPermalink
Sec. 205. Expand the use of the sex trafficking statute.CommentsClose CommentsPermalink
Sec. 206. Increased penalties for sexual exploitation of children.CommentsClose CommentsPermalink
Sec. 207. Increased penalties for activities relating to material involving the sexual exploitation of children.CommentsClose CommentsPermalink
Sec. 208. Increased penalties for activities relating to material constituting or containing child pornography.CommentsClose CommentsPermalink
Sec. 209. Additional resources for the Innocent Images National Initiative.CommentsClose CommentsPermalink
TITLE III--THE PROCEEDS OF CRIME ACT
Sec. 301. Short title.CommentsClose CommentsPermalink
Subtitle A--Property Subject to Forfeiture to the United States
Sec. 302. Additions to the general forfeiture statute.CommentsClose CommentsPermalink
Sec. 303. Drugs and money laundering.CommentsClose CommentsPermalink
Sec. 304. Alien smuggling.CommentsClose CommentsPermalink
Sec. 305. Food stamp fraud.CommentsClose CommentsPermalink
Sec. 306. Devices used to create or replicate counterfeit computer software.CommentsClose CommentsPermalink
Sec. 307. Property used to escape Federal custody or remain a fugitive.CommentsClose CommentsPermalink
Sec. 308. Copyright violations.CommentsClose CommentsPermalink
Sec. 309. Trade secrets.CommentsClose CommentsPermalink
Sec. 310. Contraband cigarettes.CommentsClose CommentsPermalink
Sec. 311. Recently enacted title 31 violations.CommentsClose CommentsPermalink
Sec. 312. Archaeological Resources Protection Act.CommentsClose CommentsPermalink
Sec. 313. Computer fraud.CommentsClose CommentsPermalink
Sec. 314. False impersonation.CommentsClose CommentsPermalink
Sec. 315. Conspiracies involving trafficking in persons.CommentsClose CommentsPermalink
Subtitle B--Money Laundering
Sec. 321. Interstate transportation of criminal proceeds and `reverse' money laundering.CommentsClose CommentsPermalink
Sec. 322. Freezing bank accounts of persons arrested for offenses involving the movement of money across international borders.CommentsClose CommentsPermalink
Sec. 323. Procedure for issuing subpoenas in certain money laundering and forfeiture cases.CommentsClose CommentsPermalink
Sec. 324. Using blank checks in bearer form to smuggle money.CommentsClose CommentsPermalink
Sec. 325. Treating electronic funds as fungible property.CommentsClose CommentsPermalink
Sec. 326. Bulk cash smuggling.CommentsClose CommentsPermalink
Sec. 327. Making the international money laundering statute apply to tax evasion.CommentsClose CommentsPermalink
Sec. 328. Prohibiting money laundering through hawalas, other informal value transfer systems, and closely related transactions.CommentsClose CommentsPermalink
Sec. 329. Section 1957 violations involving commingled funds and structured transactions.CommentsClose CommentsPermalink
Sec. 330. Charging money laundering as a course of conduct.CommentsClose CommentsPermalink
Sec. 331. Knowledge that the property is the proceeds of a specific felony.CommentsClose CommentsPermalink
Sec. 332. Other specified activity for money laundering.CommentsClose CommentsPermalink
Sec. 333. Illegal money transmitting businesses.CommentsClose CommentsPermalink
Sec. 334. Technical correction to the USA Patriot Act.CommentsClose CommentsPermalink
Sec. 335. Technical amendment to restore wiretap authority for certain money laundering offenses.CommentsClose CommentsPermalink
Sec. 336. Miscellaneous minor and technical amendments.CommentsClose CommentsPermalink
Sec. 337. Technical correction regarding forfeiture authority for Secretary, Homeland Security.CommentsClose CommentsPermalink
Sec. 338. Stored value cards.CommentsClose CommentsPermalink
Subtitle C--Recovering the Proceeds of Crime and Victim Restitution
Chapter 1--Criminal Forfeiture Procedure
Sec. 341. Restraint of property subject to criminal forfeiture.CommentsClose CommentsPermalink
Sec. 342. Authorizing forfeiture pursuant to a guilty plea.CommentsClose CommentsPermalink
Sec. 343. Criminal seizure warrants.CommentsClose CommentsPermalink
Sec. 344. Discovery procedure for locating forfeited assets.CommentsClose CommentsPermalink
Sec. 345. Collection of criminal forfeiture judgment.CommentsClose CommentsPermalink
Sec. 346. Abatement of forfeiture when defendant dies.CommentsClose CommentsPermalink
Sec. 347. Forfeitable property transferred to third parties.CommentsClose CommentsPermalink
Sec. 348. Forfeiture of third-party interests in criminal cases.CommentsClose CommentsPermalink
Sec. 349. Severance of jointly held property.CommentsClose CommentsPermalink
Sec. 350. Closing of loophole to defeat criminal forfeiture through bankruptcy.CommentsClose CommentsPermalink
Sec. 351. Uniform procedures for criminal forfeiture.CommentsClose CommentsPermalink
Sec. 352. Appeals.CommentsClose CommentsPermalink
Sec. 353. Victims, restitution, and forfeiture.CommentsClose CommentsPermalink
Sec. 354. Authority of Secretary of Homeland Security.CommentsClose CommentsPermalink
Chapter 2--International Provisions
Sec. 361. Procedures for enforcement of foreign forfeiture judgments and protective orders.CommentsClose CommentsPermalink
Sec. 362. Extraterritorial jurisdiction.CommentsClose CommentsPermalink
Sec. 363. Suspension of the statute of limitations to obtain foreign evidence.CommentsClose CommentsPermalink
Chapter 3--Civil Forfeiture
Sec. 371. Computers and other devices used for counterfeiting.CommentsClose CommentsPermalink
Sec. 372. Fungible property in bank accounts.CommentsClose CommentsPermalink
Sec. 373. Availability of tax records.CommentsClose CommentsPermalink
Sec. 374. Civil order to repatriate assets.CommentsClose CommentsPermalink
Sec. 375. Clarification of
Sec. 376. Inapplicability of liability for attorneys fees in international money laundering cases.CommentsClose CommentsPermalink
Sec. 377. Venue for prisoner challenges to seizure of crime proceeds.CommentsClose CommentsPermalink
Sec. 378. Affording property owners a hearing on the seizure of real property.CommentsClose CommentsPermalink
Sec. 379. Jurisdiction of magistrates.CommentsClose CommentsPermalink
Sec. 380. Minor amendments to the Civil Asset Forfeiture Reform Act of 2000.CommentsClose CommentsPermalink
Sec. 381. Property detained at the border.CommentsClose CommentsPermalink
Sec. 382. Obstruction of justice.CommentsClose CommentsPermalink
Sec. 383. Source of payment for attorney's fees.CommentsClose CommentsPermalink
Sec. 384. Excessive fines challenges.CommentsClose CommentsPermalink
Sec. 385. Payment in lieu of forfeiture.CommentsClose CommentsPermalink
Sec. 386. Statutory standing.CommentsClose CommentsPermalink
Sec. 387. Updating the cross reference to forfeiture procedures.CommentsClose CommentsPermalink
Sec. 388. Protecting the rights of victims.CommentsClose CommentsPermalink
Sec. 389. Other minor and technical amendments.CommentsClose CommentsPermalink
Sec. 390. Frivolous claims by prisoners.CommentsClose CommentsPermalink
TITLE IV--DRUG TRAFFICKING ENFORCEMENT
Subtitle A--Regulation of Analogue Substances
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Identification of analogues.CommentsClose CommentsPermalink
Subtitle B--Clarification of Venue for Certain Drug Trafficking Offenses
Sec. 411. Clarification of venue for certain drug trafficking offenses.CommentsClose CommentsPermalink
TITLE V--CRIMINAL RESTITUTION IMPROVEMENT
Sec. 501. Mandatory restitution for Federal offenses.CommentsClose CommentsPermalink
Sec. 502. Table of sections amendment.CommentsClose CommentsPermalink
Sec. 503. Effect of restitution order on sentence of probation.CommentsClose CommentsPermalink
Sec. 504. Conforming amendments and repeals.CommentsClose CommentsPermalink
Sec. 505. Special forfeiture of collateral profits from crime.CommentsClose CommentsPermalink
Sec. 506. Amendments to the Mandatory Victims Restitution Act.CommentsClose CommentsPermalink
Sec. 507. Amendments to the anti-fraud injunction statute.CommentsClose CommentsPermalink
Sec. 508. Amendments to the Federal Debt Collection Procedures Act.CommentsClose CommentsPermalink
Sec. 509. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VI--COUNTERTERRORISM AND NATIONAL SECURITY
Sec. 601. Providing material support to facilitate, reward, or encourage acts of terrorism.CommentsClose CommentsPermalink
Sec. 602. Prohibiting attempts and conspiracies to obtain military-type training from a foreign terrorist organization.CommentsClose CommentsPermalink
Sec. 603. Kidnapping and rape overseas.CommentsClose CommentsPermalink
Sec. 604. Hostage taking.CommentsClose CommentsPermalink
Sec. 605. Interference with flight crew or threat to safety of aircraft.CommentsClose CommentsPermalink
Sec. 606. Increased penalties for providing material support to terrorists.CommentsClose CommentsPermalink
Sec. 607. Denial of Federal benefits to convicted terrorists.CommentsClose CommentsPermalink
Sec. 608. Improve investigation of terrorist crimes.CommentsClose CommentsPermalink
Sec. 609. Solicitation to commit a crime of violence or terrorism.CommentsClose CommentsPermalink
Sec. 610. Terrorist offense resulting in death.CommentsClose CommentsPermalink
Sec. 611. Death penalty for certain terror related crimes.CommentsClose CommentsPermalink
Sec. 612. Increase in certain penalties.CommentsClose CommentsPermalink
Sec. 613. Modernization of state of mind requirement for section 2339C offenses.CommentsClose CommentsPermalink
Sec. 614. Providing material support to terrorist groups.CommentsClose CommentsPermalink
Sec. 615. Wiretap predicate.CommentsClose CommentsPermalink
TITLE VII--GANG DETERRENCE AND COMMUNITY PROTECTION
Sec. 701. Short title.CommentsClose CommentsPermalink
Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and Punish Illegal Street Gang Activity and Related Criminal Law Reforms
Sec. 711. Revision and extension of penalties related to criminal street gang activity.CommentsClose CommentsPermalink
Sec. 712. Increased penalties for interstate and foreign travel or transportation in aid of racketeering.CommentsClose CommentsPermalink
Sec. 713. Amendments relating to violent crime.CommentsClose CommentsPermalink
Sec. 714. Increased penalties for use of interstate commerce facilities in the Commission of murder-for-hire and other felony crimes of violence.CommentsClose CommentsPermalink
Sec. 715. Increased penalties for violent crimes in aid of racketeering activity.CommentsClose CommentsPermalink
Sec. 716. Murder and other violent crimes committed during and in relation to a drug trafficking crime.CommentsClose CommentsPermalink
Sec. 717. Multiple interstate murder.CommentsClose CommentsPermalink
Sec. 718. Additional racketeering activity.CommentsClose CommentsPermalink
Sec. 719. Expansion of rebuttable presumption against release of persons charged with firearms offenses.CommentsClose CommentsPermalink
Sec. 720. Venue in capital cases.CommentsClose CommentsPermalink
Sec. 721. Statute of limitations for violent crime.CommentsClose CommentsPermalink
Sec. 722. Modification of definition of crime of violence.CommentsClose CommentsPermalink
Sec. 723. Clarification to hearsay exception for forfeiture by wrongdoing.CommentsClose CommentsPermalink
Sec. 724. Increased penalties for criminal use of firearms in crimes of violence and drug trafficking.CommentsClose CommentsPermalink
Sec. 725. Transfer of juveniles.CommentsClose CommentsPermalink
Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk Youth From Joining Illegal Street Gangs
Sec. 731. Designation of and assistance for `high intensity' interstate gang activity areas.CommentsClose CommentsPermalink
Sec. 732. Grants to State and local prosecutors to combat violent crime and to protect witnesses and victims of crimes.CommentsClose CommentsPermalink
TITLE I--VIOLENT CRIME PREVENTION AND ENFORCEMENT
Subtitle A--Improving Violent Crime Prevention and Strengthening Antigang Measures
SEC. 101. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Clarification of Illegal Gun Transfers To Commit Drug Trafficking Crime or Crimes of Violence-
`(h) Whoever, in or affecting interstate or foreign commerce, knowingly transfers a firearm, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime (as defined in subsection (c)(2)), shall be fined under this title and imprisoned not more than 20 years.'.CommentsClose CommentsPermalink
(b) Conspiracy Penalty-
SEC. 102. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General-
`(1) In the case of a person who violates section 922(g) of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall--CommentsClose CommentsPermalink
`(A) in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both;CommentsClose CommentsPermalink
`(B) in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; andCommentsClose CommentsPermalink
`(C) in the case of 3 such prior convictions, committed on occasions different from one another, be fined under this title and imprisoned not less than 15 years or more than life, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).'.CommentsClose CommentsPermalink
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
SEC. 103. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
SEC. 104. CONFORMING AMENDMENT.
SEC. 105. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING.
(1) in subsection (a), by striking `perform' and all that follows through the end of the subsection and inserting `perform or attempts to perform an act described in paragraph (1), (2), or (3), or conspires to do so, shall be punished as provided in subsection (d).'; andCommentsClose CommentsPermalink
(2) by adding at the end following:CommentsClose CommentsPermalink
`(d) The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink
`(1) in the case of a violation of paragraph (1) or (3), a fine under this title and imprisonment for not more than 20 years; andCommentsClose CommentsPermalink
`(2) in the case of a violation of paragraph (2), a fine under this title and imprisonment for any term of years or for life, but if death results the offender may be sentenced to death.'.CommentsClose CommentsPermalink
SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE.
(a) In General-
(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink
`Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence';
andCommentsClose CommentsPermalink
(2) in subsection (a), by--CommentsClose CommentsPermalink
(A) inserting `or other crime of violence, punishable by imprisonment for more than 1 year,' after `intent that a murder'; andCommentsClose CommentsPermalink
(B) striking `shall be fined' the first place it appears and all that follows through the end of such subsection and inserting the following: `shall, in addition to being subject to a fine under this title--CommentsClose CommentsPermalink
`(1) if death results, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, or a conspiracy to commit such a crime of violence, be imprisoned any term of years or for life;CommentsClose CommentsPermalink
`(3) if the crime of violence is an assault, or a conspiracy to assault, that results in serious bodily injury (as defined in section 1365), be imprisoned not more than 30 years; andCommentsClose CommentsPermalink
`(4) in any other case, be imprisoned not more than 20 years.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The item relating to section 1958 in the table of sections at the beginning of chapter 95 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.'.CommentsClose CommentsPermalink
SEC. 107. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 3299A. Violent crime offenses
`No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`3299A. Violent crime offenses.'.CommentsClose CommentsPermalink
SEC. 108. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
(1) in the subsection heading, by striking `Eight-Year' and inserting `Ten-Year'; andCommentsClose CommentsPermalink
(2) in the first sentence, by striking `8 years' and inserting `10 years'.CommentsClose CommentsPermalink
SEC. 109. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL ALIENS.
(a) Offenses- Part 1 of title 18, United States Code, is amended by inserting after chapter 51 the following:CommentsClose CommentsPermalink
`CHAPTER 52--ILLEGAL ALIENS
`Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens
`(a) In General- Whoever, being an alien who is present in the United States in violation of section 275 or 276 of the Immigration and Nationality Act (
`(b) Previously Ordered Removed- If the defendant in a prosecution under subsection (a) was previously ordered removed under the Immigration and Nationality Act on the grounds of having committed a crime, the defendant shall be fined under this title, imprisoned not more than 30 years, or both.CommentsClose CommentsPermalink
`(c) Running of Sentence- A term of imprisonment imposed for an offense pursuant to this section may not run concurrently with any other sentence of imprisonment imposed for another offense.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following new item:CommentsClose CommentsPermalink
1131'.CommentsClose CommentsPermalink
Subtitle B--Death Penalty Procedures Improvement Act
SEC. 121. SHORT TITLE.
This subtitle may be cited as the `Death Penalty Procedures Improvement Act of 2007'.CommentsClose CommentsPermalink
SEC. 122. ELIMINATION OF DEATH PENALTY HEARING DISCREPANCIES.
(a) Title 18 Amendments-CommentsClose CommentsPermalink
(1) REVIEW OF SENTENCE-
(2) COUNSEL FOR INDIGENTS-
(b) Title 28 Amendments- Chapter 153 of title 28, United States Code, is amended--CommentsClose CommentsPermalink
(1) in section 2254(h) by striking `section 408 of the Controlled Substances Act' and inserting `section 3599 of title 18'; andCommentsClose CommentsPermalink
(2) in section 2255 by striking `section 408 of the Controlled Substances Act' and inserting `section 3599 of title 18'.CommentsClose CommentsPermalink
SEC. 123. AMENDMENTS RELATING TO SECTION 3593 OF TITLE 18.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `, a reasonable time before trial or before acceptance by the court of a plea of guilty,'; andCommentsClose CommentsPermalink
(B) in the flush text--CommentsClose CommentsPermalink
(i) in the second to last sentence, by inserting after `other relevant information' the following: `, including any factor concerning the state of mind, intent, or other aspect of culpability of the defendant in committing the offense.'; andCommentsClose CommentsPermalink
(ii) by inserting at the end the following: `The notice must be filed a reasonable time before trial or before acceptance by the court of a plea of guilty. The court shall, where necessary to ensure adequate preparation time for the defense, grant a reasonable continuance of the trial. If the government has not filed a notice of intent to seek the death penalty or informed the court that a notice of intent to seek the death penalty will not be filed, the court shall not accept a plea of guilty to an offense described in section 3591 without the concurrence of the government.';CommentsClose CommentsPermalink
(2) in subsection (b), by inserting at the end of the flush text the following: `The court shall retain alternate jurors until the completion of the sentencing hearing, unless the sentencing is before the court alone under paragraph (3). The replacement of jurors with alternate jurors during the sentencing hearing will be conducted in accordance with Rule 24 of the Rules of Criminal Procedure.';CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in the fourth sentence, by inserting `for which notice has been provided under subsection (b)' before the period;CommentsClose CommentsPermalink
(B) in the fifth sentence, by inserting `, including information pertaining to criminal conduct that has not resulted in a conviction' before the period;CommentsClose CommentsPermalink
(C) by inserting after the eighth sentence the following: `The government shall be permitted to cross-examine the defendant regarding any statements or testimony by the defendant to the sentencing jury.';CommentsClose CommentsPermalink
(D) by inserting after the fourth sentence the following: `If the defendant has raised the issue of mental retardation as required under subsection (b), the defendant may introduce information relevant to mental retardation.'; andCommentsClose CommentsPermalink
(E) by inserting at the end the following: `The defendant shall have the burden of proving mental retardation by the preponderance of the information.';CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) in the second sentence by inserting `determine the truth of the allegations in the notice filed under subsection (a) regarding any mental state set forth in section 3591(a), and' after `It shall';CommentsClose CommentsPermalink
(B) by inserting after the second sentence the following: `In any case in which the defendant has raised the issue of mental retardation as required under subsection (b), the jury, or if there is no jury, the court, shall determine the issue of mental retardation only if any aggravating factor set forth in section 3592 is found to exist. Such determination shall occur prior to the consideration of any mitigating factor.'; andCommentsClose CommentsPermalink
(C) by inserting at the end the following: `If the jury, or if there is no jury, the court, determines that the defendant is mentally retarded, the court shall sentence the defendant to life imprisonment without the possibility of release, or some other lesser sentence authorized by law.';CommentsClose CommentsPermalink
(5) in subsection (e)--CommentsClose CommentsPermalink
(A) by inserting before the last sentence the following: `In assessing the appropriateness of a sentence of death, the jury, or if there is no jury, the court must base the decision on the facts of the offense and the aggravating and mitigating factors and avoid any influence of passion, prejudice, or other arbitrary factor when imposing sentence.';CommentsClose CommentsPermalink
(B) by striking `, to life imprisonment without the possibility of release or some other lesser sentence'; andCommentsClose CommentsPermalink
(C) by inserting at the end the following: `The jury's sentencing recommendation must be unanimous. In cases in which the jury unanimously rejects a sentence of death but finds at least 1 aggravating factor under section 3592 and the existence of at least 1 intent factor necessary under section 3591 to impose a sentence of death, the court shall impose a sentence of life without the possibility of release.';CommentsClose CommentsPermalink
(6) by redesignating subsections (b) through (f) as subsections (c) through (g); andCommentsClose CommentsPermalink
(7) by adding after subsection (a) the following:CommentsClose CommentsPermalink
`(b) Notice by the Defendant-CommentsClose CommentsPermalink
`(1) IN GENERAL- If, as required under subsection (a), the government has filed notice seeking a sentence of death, the defendant shall, a reasonable time before the trial, sign and file with the court, and serve on the attorney for the government, notice setting forth the mitigating factor or factors that the defendant proposes to prove mitigate against imposition of a sentence of death. In any case in which the defendant intends to raise the issue of mental retardation as precluding a sentence of death, the defendant shall, a reasonable time before trial, sign and file with the court, and serve on the attorney for the government, notice of such intent.CommentsClose CommentsPermalink
`(2) MENTAL EXAMINATION- When a defendant makes a claim of mental retardation or intends to rely on evidence of mental impairment, or other mental defect or disease as a mitigating factor under this section, the government shall have the right to an independent mental health examination of the defendant. If the court finds it appropriate, more than 1 such professional shall perform the examination. To facilitate the examination, the court may commit the person to be examined for a reasonable period, to the custody of the Attorney General for placement in a suitable facility.CommentsClose CommentsPermalink
`(3) PREPARATION TIME- Following the filing of a defendant's notice under this subsection, the court shall, where necessary to ensure adequate preparation time for the government, grant a reasonable continuance of the trial.CommentsClose CommentsPermalink
`(4) DETERMINATION OF MENTAL RETARDATION- For purposes of this chapter, a defendant is mentally retarded if, since some point in time prior to age 18, he or she has continuously had an intelligence quotient of 70 or lower and, as a result of that significantly subaverage mental functioning, has since that point in time continuously had a diminished capacity to understand and process information, abstract from mistakes and learn from experience, engage in logical reasoning, control impulses, and understand others' reactions.'.CommentsClose CommentsPermalink
SEC. 124. AMENDMENTS RELATING TO SECTION 3592 OF TITLE 18.
(1) in subsection (a), by inserting `for which notice has been provided' after `factor';CommentsClose CommentsPermalink
(2) in subsection (c)(1)--CommentsClose CommentsPermalink
(A) by inserting `section 241 (conspiracy against rights), section 245 (federally protected activities), section 247 (interference with religious exercise),' after `section 37 (violence at international airports),'; andCommentsClose CommentsPermalink
(B) by inserting `section 1512 (tampering with a witness, victim, or an informant), section 1513 (retaliating against a witness, victim, or an informant),' after `section 1203 (hostage taking),';CommentsClose CommentsPermalink
(3) so that paragraph (2) of subsection (c) reads as follows:CommentsClose CommentsPermalink
`(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING FIREARM- The defendant has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than 1 year, involving the use or attempted use or threatened use of a firearm (as defined in section 921) against another person.';CommentsClose CommentsPermalink
(4) in subsection (c)(8)--CommentsClose CommentsPermalink
(A) by striking `or'; andCommentsClose CommentsPermalink
(B) by inserting `or in order to retain possession' before `of anything';CommentsClose CommentsPermalink
(5) in subsection (c)(12), by striking `had previously' each place that term appears and inserting `has previously'; andCommentsClose CommentsPermalink
(6) by adding after subsection (c)(16) the following:CommentsClose CommentsPermalink
`(17) OBSTRUCTION OF JUSTICE- The defendant in commission of the offense, or in an attempt to avoid apprehension, or conviction for the offense, engaged in conduct, which resulted in harm or a threat of harm to another person, intending to obstruct the investigation or prosecution of any offense.'.CommentsClose CommentsPermalink
SEC. 125. AMENDMENTS RELATING TO SECTION 3594 OF TITLE 18.
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking `3593(e)' and inserting `3593(f)'; andCommentsClose CommentsPermalink
(B) by striking `or life imprisonment without the possibility of release'; andCommentsClose CommentsPermalink
(2) in the second sentence--CommentsClose CommentsPermalink
(A) by inserting `life imprisonment without the possibility of release, or' after `shall impose'; andCommentsClose CommentsPermalink
(B) by inserting `as limited by section 3593(f)' before the period.CommentsClose CommentsPermalink
SEC. 126. AMENDMENTS RELATING TO SECTIONS 3596 AND 3597 OF TITLE 18.
(a) Implementation of Death Sentence-
(1) in subsection (a), by striking `When the sentence is to be implemented' and all that follows through `such law' and inserting the following: `A sentence of death for any offense against the United States shall be implemented pursuant to regulations promulgated by the Attorney General'; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking the first sentence; andCommentsClose CommentsPermalink
(B) by adding at the end the following: `The Government shall not be limited in its opportunities to seek rehearing, based on changed circumstances, of a finding of mental incapacity under this subsection.'.CommentsClose CommentsPermalink
(b) Use of Facilities-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in the heading, by striking `state';CommentsClose CommentsPermalink
(B) in subsection (a), by striking `A United States marshal' and all that follows through `Attorney General' and inserting the following: `An official charged with supervising the implementation of a sentence of death shall use appropriate Federal or State facilities for the purpose'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) Confidentiality- Notwithstanding any other law, the identity of any employee of the United States Department of Justice, the Federal Bureau of Prisons, the United States Marshals Service, any State department of corrections, or of any person providing services under contract or victim or victim's survivor, who participates in or witnesses the administration of an execution pursuant to this section shall not be publicly disclosed, absent the consent of any such individual.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The analysis for chapter 228 of title 18, United States Code is amended by striking the item relating to section 3597 and inserting the following:CommentsClose CommentsPermalink
`3597. Use of facilities.'.CommentsClose CommentsPermalink
Subtitle C--Clarifying the Authority To Issue Cell Location Orders
SEC. 131. AMENDMENT TO SECTION 2703 OF TITLE 18 TO CLARIFY ONGOING SCOPE OF ORDERS AND WARRANTS.
(a) Disclosure of Customer Communications-
`(h)(1) In General- A court order under subsection (d) or a warrant under subsection (c)(1)(A) may require that records or other information (not including the contents of communications) be disclosed to a governmental entity on an ongoing basis.CommentsClose CommentsPermalink
`(2) Standard- The court shall issue an order or warrant requiring such ongoing disclosure if--CommentsClose CommentsPermalink
`(A) in the case of a court order under subsection (d), the court finds that the application contains specific and articulable facts showing that there are reasonable grounds to believe that the records or other information (not including the contents of communications) will be relevant and material to an ongoing criminal investigation; orCommentsClose CommentsPermalink
`(B) in the case of a warrant under subsection (c)(1)(A), the court finds that probable cause supports issuing the warrant.CommentsClose CommentsPermalink
`(3) Duration- An order or warrant requiring ongoing disclosure under this subsection may require ongoing disclosure for a period not to exceed 60 days. Extensions of such an order or warrant may be granted, but only upon an application for an extension under this subsection and upon the judicial finding required by paragraph (2). The period of extension shall be for a period not to exceed 60 days.CommentsClose CommentsPermalink
`(4) Nondisclosure- An order or warrant requiring ongoing disclosure under this subsection shall direct that--CommentsClose CommentsPermalink
`(A) the order or warrant be sealed until otherwise ordered by the court; andCommentsClose CommentsPermalink
`(B) the person or entity who is obligated by the order or warrant to disclose records or other information on an ongoing basis to the applicant shall not disclose the existence of the order or warrant or the existence of the investigation to any other person, unless or until otherwise ordered by the court.CommentsClose CommentsPermalink
`(5) Scope and Assistance-CommentsClose CommentsPermalink
`(A) IN GENERAL- An order or warrant requiring ongoing disclosure under this subsection, upon service of that order or warrant, shall apply to any person or entity providing wire or electronic communication service or remote computing service in the United States whose assistance may facilitate the execution of the order or warrant. Whenever such an order or warrant is served on any person or entity not specifically named in the order or warrant, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order or warrant shall provide written or electronic certification that the order or warrant applies to the person or entity being served.CommentsClose CommentsPermalink
`(B) INFORMATION PROVIDED- Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to receive the results of an order or warrant requiring ongoing disclosure under this subsection, a provider of a wire or electronic communication service or a provider of remote computing services shall furnish such investigative or law enforcement officer all information, facilities, technical, and other assistance including execution of such warrant or order unobtrusively and with no more interference with the services that the person so ordered by the court accords the party with respect to whom the warrant or order pertains than is necessary to effect the disclosure required under the warrant or order, if such installation and assistance is directed by a court. Unless otherwise ordered by the court, records or other information disclosed under such warrant or order shall be furnished to the officer of a law enforcement agency designated in the court order, at reasonable intervals during regular business hours for the duration of the order. Pursuant to section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.CommentsClose CommentsPermalink
`(6) Nonexclusivity- Nothing in this subsection shall preclude a governmental entity from requiring or receiving the production on an ongoing basis of records or other information (not including the contents of communications) with consent of the subscriber or user, or under any other lawful authority.'.CommentsClose CommentsPermalink
(b) Electronic Communications- Sub
(1) redesignating subparagraph (E) as subparagraph (F); andCommentsClose CommentsPermalink
(2) inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
`(E) certifies in writing that it is investigating the disappearance of the subscriber or customer, that it has the purpose of locating that subscriber or customer, and--CommentsClose CommentsPermalink
`(i) the subscriber or customer is a minor; orCommentsClose CommentsPermalink
`(ii) the governmental entity reasonably believes that the subscriber or customer is suffering from a condition or circumstance that may create an imminent danger of his or her death or serious physical injury, and the customer or subscriber's spouse, parent, lawful guardian, adult child, or adult sibling has consented to the disclosure; or'.CommentsClose CommentsPermalink
SEC. 132. PEN REGISTER AND TRAP AND TRACE AMENDMENT.
(1) in subsection (a), by inserting `2703(h) or section' after `under section'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `by a provider of electronic or wire communication service';CommentsClose CommentsPermalink
(B) in paragraph (1), by inserting `by a provider of electronic or wire communication service,' before `relating to';CommentsClose CommentsPermalink
(C) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting `by a provider of electronic or wire communication service,' before `to record'; andCommentsClose CommentsPermalink
(ii) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(D) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) with the consent of a party to a communication, or under any other circumstances in which the contents of a communication may be lawfully intercepted under chapter 119 of this title; orCommentsClose CommentsPermalink
`(4) by a government agency, or a provider of electronic or wire communication service acting upon the written request of a government agency, when the government agency certifies in writing that--CommentsClose CommentsPermalink
`(A) it is investigating the disappearance of a subscriber, customer, or user, that it has the purpose of locating such subscriber, customer, or user; andCommentsClose CommentsPermalink
`(B)(i) the subscriber, customer, or user is a minor; orCommentsClose CommentsPermalink
`(ii) the governmental entity reasonably believes that the subscriber, customer, or user is suffering from a condition or circumstance that may create an imminent danger of his or her death or serious physical injury, and the subscriber, customer, or user's spouse, parent, lawful guardian, adult child, or adult sibling has consented to the use of the pen register or trap and trace device.'.CommentsClose CommentsPermalink
SEC. 133. AMENDMENT TO MOBILE TRACKING DEVICES STATUTE.
(1) in subsection (a), by inserting at the end the following: `Nothing in this section shall be construed to require a warrant when the Constitution of the United States does not require a warrant.';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `section, the term' and inserting `section--CommentsClose CommentsPermalink
`(1) the term';CommentsClose CommentsPermalink
(B) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by inserting at the end the following:CommentsClose CommentsPermalink
`(2) the term `installation' means the physical attachment to a person or object.'.CommentsClose CommentsPermalink
SEC. 134. AMENDMENT TO COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT.
Section 103(a)(2) of the Communications Assistance for Law Enforcement Act (
TITLE II--ENDING DEMAND FOR CHILD PORNOGRAPHY AND CHILD SEXUAL EXPLOITATION
SEC. 201. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Sexual Exploitation-
(b) Pornography-
SEC. 202. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE , TO ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.
Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (
`(4) FAILURE TO REPORT-CommentsClose CommentsPermalink
`(A) KNOWINGLY- A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined--CommentsClose CommentsPermalink
`(i) in the case of an initial failure to make a report, not more than $150,000; andCommentsClose CommentsPermalink
`(ii) in the case of any second or subsequent failure to make a report, not more than $300,000.CommentsClose CommentsPermalink
`(B) NEGLIGENTLY- A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of--CommentsClose CommentsPermalink
`(i) in the case of an initial failure to make a report, not more than $50,000; andCommentsClose CommentsPermalink
`(ii) in the case of any second or subsequent failure to make a report, not more than $100,000.CommentsClose CommentsPermalink
`(C) FCC AUTHORITY- For the purposes of this paragraph, the Federal Communications Commission shall have the authority to levy civil penalties and shall promulgate regulations, in consultation with the Attorney General, to effectuate the purposes of this paragraph and to provide for appropriate administrative review of any civil penalties levied thereunder.'.CommentsClose CommentsPermalink
SEC. 203. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.
SEC. 204. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.
(1) striking `or'; andCommentsClose CommentsPermalink
(2) striking the period at the end of the subsection and inserting `; or (3) production of child pornography, as defined in section 2256(8).'.CommentsClose CommentsPermalink
SEC. 205. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.
(a) Sexual Exploitation-
(b) Pornography-
(c) Repeat Offenders-
(1) following `109A,' by striking `or' ; andCommentsClose CommentsPermalink
(2) by inserting after `chapter 110' the following `or section 1591'.CommentsClose CommentsPermalink
(d) Release and Detention-
(e) Administrative Subpoenas-
SEC. 206. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
(1) by striking `15 years nor more than 30 years' and inserting `20 years or for life'; andCommentsClose CommentsPermalink
(2) by striking `not less than 25 years nor more than 50 years,' and all that follows through `not less than 35 years nor more than life.' and inserting `life.'.CommentsClose CommentsPermalink
SEC. 207. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; andCommentsClose CommentsPermalink
(B) by striking `not less than 15 years nor more than 40 years.' and inserting `life.'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; andCommentsClose CommentsPermalink
(B) by striking `10 years nor more than 20 years.' and inserting `20 years or for life.'.CommentsClose CommentsPermalink
SEC. 208. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; andCommentsClose CommentsPermalink
(B) by striking `not less than 15 years nor more than 40 years' and inserting `life'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years'; andCommentsClose CommentsPermalink
(B) by striking `10 years nor more than 20 years' and inserting `20 years or for life'.CommentsClose CommentsPermalink
SEC. 209. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL INITIATIVE.
(a) Authorization of Appropriations- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(b) Availability- Any amounts appropriated pursuant to subsection (a) shall remain available until expended.CommentsClose CommentsPermalink
TITLE III--THE PROCEEDS OF CRIME ACT
SEC. 301. SHORT TITLE.
This title may be cited as the `Proceeds of Crime Act of 2007'.CommentsClose CommentsPermalink
Subtitle A--Property Subject to Forfeiture to the United States
SEC. 302. ADDITIONS TO THE GENERAL FORFEITURE STATUTE.
(a) Terrorism-
(b) Fraud and Computer Crimes-CommentsClose CommentsPermalink
(1) CIVIL FORFEITURE-
`(I)(i) Any computer, Internet domain name, photostatic reproduction machine, electronic communications device or other article, apparatus, device or thing made, possessed, fitted, used or intended to be used to commit, or to facilitate the commission of a violation of sections 513, 514, 1028 through 1032, and 1341 through 1350 of this title, or a conspiracy to commit such offense, and any property traceable to such property.'.CommentsClose CommentsPermalink
(2) DEFINITIONS-
(A) striking `, affecting a financial institution'; andCommentsClose CommentsPermalink
(B) inserting the following at the end: `For purposes of this subsection, if the violation giving rise to the forfeiture is part of a continuing scheme or plan, the court shall order the person convicted of the offense to forfeit the proceeds of the entire scheme or plan.'.CommentsClose CommentsPermalink
(c) Property Used To Commit a Criminal Offense-
`(C) Any property, real or personal, that constitutes or is derived from the proceeds of any offense constituting a specified unlawful activity (as defined in section 1956(c)(7)), or a conspiracy to commit such offense, any property used or intended to be used to commit or to facilitate the commission of such offense, and any property traceable thereto.'.CommentsClose CommentsPermalink
(d) Odometer Tampering Offenses-
(1) in clause (iv), by striking `or' at the end;CommentsClose CommentsPermalink
(2) in clause (v) by striking the period at the end and inserting `; or';CommentsClose CommentsPermalink
(3) by inserting after clause (v) the following:CommentsClose CommentsPermalink
`(vi) sections 32703 (motor vehicle odometer tampering), 32704 (odometer tampering by replacing odometers), and 32705(a)(2) (false odometer certification) of title 49, United States Code.'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`In the case of a violation described in clause (i) or (vi), any vehicles or other property involved in the commission of the offense shall also be subject to forfeiture.'.CommentsClose CommentsPermalink
(e) Repeal of Obsolete Provision-
SEC. 303. DRUGS AND MONEY LAUNDERING.
(a) Money Laundering Conspiracies-
(b) Property Used To Commit a Drug Offense-CommentsClose CommentsPermalink
(1) CONVEYANCES- Section 511(a)(4) of the Controlled Substances Act (
`(4) Any property used or intended to be used to commit or to facilitate the commission of an offense under this subchapter punishable by more than one year's imprisonment, and any property traceable to such property.'.CommentsClose CommentsPermalink
(2) REAL PROPERTY- Section 511(a)(7) of the Controlled Substances Act (
(c) Negotiable Instruments, Securities, and Other Things of Value- Section 511(a)(6) of the Controlled Substances Act (
(1) inserting `, and any property traceable to such property' after `this subchapter' the second time it appears; andCommentsClose CommentsPermalink
(2) inserting `or other things of value' before `used or intended to be used'.CommentsClose CommentsPermalink
(d) Ammunition- Section 511(a)(11) of the Controlled Substances Act (
(e) Body Armor-
(f) Criminal Forfeiture-CommentsClose CommentsPermalink
(1) PERSON'S PROPERTY- Section 413(a)(2) of the Controlled Substances Act (
(2) PAYMENT OF AMOUNTS TO BE RECEIVED- Section 413(a) of the Controlled Substances Act (
(g) Summary Forfeiture of Contraband-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 46 of title 18, United States Code, is amended by adding the following after section 987:CommentsClose CommentsPermalink
`Sec. 988. Summary forfeiture of contraband
`(a) In General- Any property constituting contraband that is lawfully seized or obtained by a Federal law enforcement officer, or that is lawfully delivered to a Federal law enforcement officer by a State, local, or foreign law enforcement officer, may be summarily forfeited to the United States.CommentsClose CommentsPermalink
`(b) Standing- No person shall have standing to contest the forfeiture of property subject to summary forfeiture under this section, and no person shall be entitled to notice of such forfeiture.CommentsClose CommentsPermalink
`(c) Disposal of Property- The Federal law enforcement agency in possession of the property subject to summary forfeiture may destroy or otherwise dispose of such property and any equipment or container that cannot be separated safely from it.CommentsClose CommentsPermalink
`(d) For purposes of this section, contraband means--CommentsClose CommentsPermalink
`(1) any controlled substance, hazardous raw material, equipment or container, plants, or other property subject to summary forfeiture pursuant to section 511(f) or (g) of the Controlled Substances Act (
`(2) any controlled substance imported into the United States in violation of law;CommentsClose CommentsPermalink
`(3) any money or other thing of value given voluntarily to a Federal law enforcement officer, or person acting at the direction of a Federal law enforcement officer, in the course of an undercover or `sting' operation; orCommentsClose CommentsPermalink
`(4) any property that is illegal to possess.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The section analysis for chapter 46 of title 18, United States Code, is amended by inserting the following after the entry relating to section 987:CommentsClose CommentsPermalink
`Sec. 988. Summary Forfeiture of Contraband.'.CommentsClose CommentsPermalink
SEC. 304. ALIEN SMUGGLING.
(a) Real Property Used in Alien Smuggling- Section 274(b)(1) of the Immigration and Nationality Act (
(1) striking `Any conveyance, including any vessel, vehicle, or aircraft, that has been used in the commission of a violation' and inserting `Any property, real or personal, used or intended to be used to commit or to facilitate the commission of a violation'; andCommentsClose CommentsPermalink
(2) striking `such conveyance' and inserting `such property'.CommentsClose CommentsPermalink
(b) Proceeds of Alien Smuggling- Section 274(b) of the Immigration and Nationality Act (
`(4) For purposes of this subsection and section 982(a)(6) of title 18, the term `proceeds' includes any property, real or personal, or interest in such property obtained or retained as a consequence of an act or omission in violation of this section.'.CommentsClose CommentsPermalink
(c) Technical Corrections- Section 274 of the Immigration and Nationality Act (
(1) in subsection (b)(2), by inserting `or the Secretary for Homeland Security' after `Attorney General'; andCommentsClose CommentsPermalink
(2) in subsection (b)(3)(B), by striking `the Service' and inserting `the Department of Homeland Security'.CommentsClose CommentsPermalink
SEC. 305. FOOD STAMP FRAUD.
Section 15(h) of the Food Stamp Act of 1977 (
`(h) Forfeiture-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any property, real or personal--CommentsClose CommentsPermalink
`(A) used or intended to be used to commit or to facilitate the commission of a violation (other than a misdemeanor) of subsection (b) or (c), orCommentsClose CommentsPermalink
`(B) constituting, derived from, or traceable to proceeds of a violation of subsection (b) or (c),CommentsClose CommentsPermalink
shall be subject to forfeiture to the United States.CommentsClose CommentsPermalink
`(2) APPLICATION OF TITLE 18- The provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
SEC. 306. DEVICES USED TO CREATE OR REPLICATE COUNTERFEIT COMPUTER SOFTWARE.
(a) In General-
`(d) Forfeitures-CommentsClose CommentsPermalink
`(1) IN GENERAL- The following property is subject to forfeiture to the United States--CommentsClose CommentsPermalink
`(A) any counterfeit label and any article to which a counterfeit label has been affixed or which was intended to have such label affixed;CommentsClose CommentsPermalink
`(B) any implement, device, or equipment used or intended to be used in the manufacture of counterfeit labels; andCommentsClose CommentsPermalink
`(C) any replicator or other device or thing used or intended to be used to copy or produce a computer program or other item to which a counterfeit label has been affixed.CommentsClose CommentsPermalink
`(2) APPLICATION OF CHAPTER 46- The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
(b) Conforming Amendment-
SEC. 307. PROPERTY USED TO ESCAPE FEDERAL CUSTODY OR REMAIN A FUGITIVE.
`(J) Any property, real or personal, used or intended to be used--CommentsClose CommentsPermalink
`(i) to commit, or to facilitate the commission of a violation of section 751 or 752 of this title; orCommentsClose CommentsPermalink
`(ii) to facilitate the efforts of any person to remain a fugitive from justice, as defined in section 2466(a)(1) of title 28, and any property traceable to such property.'.CommentsClose CommentsPermalink
SEC. 308. COPYRIGHT VIOLATIONS.
`(b) Forfeitures-CommentsClose CommentsPermalink
`(1) IN GENERAL- The following property is subject to forfeiture to the United States--CommentsClose CommentsPermalink
`(A) all copies or phonorecords made, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made; andCommentsClose CommentsPermalink
`(B) all implements, devices, or equipment used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a).CommentsClose CommentsPermalink
`(2) APPLICATION OF CHAPTER 46- The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
SEC. 309. TRADE SECRETS.
`Sec. 1834. Forfeiture
`(a) The following property is subject to forfeiture to the United States:CommentsClose CommentsPermalink
`(1) any property constituting or derived from any proceeds obtained directly or indirectly as a result of a violation of this chapter; andCommentsClose CommentsPermalink
`(2) any property used, or intended to be used, in any manner or part, to commit or to facilitate the commission of such violation.CommentsClose CommentsPermalink
`(b) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
SEC. 310. CONTRABAND CIGARETTES.
`(c) Forfeitures-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any contraband cigarettes involved in any violation or conspiracy to violate any of the provisions of this chapter, and any proceeds of such violation or conspiracy to commit such violation, or any property traceable thereto, shall be subject to seizure and forfeiture to the United States.CommentsClose CommentsPermalink
`(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
SEC. 311. RECENTLY ENACTED TITLE 31 VIOLATIONS.
(1) in paragraph (1)(A), by striking `or' after 5316, and adding `, 5331, or 5363' after 5324; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `or' after 5316, and adding `, 5331, or 5363' after 5324.CommentsClose CommentsPermalink
SEC. 312. ARCHAEOLOGICAL RESOURCES PROTECTION ACT.
(a) Forfeiture Under the Archaeological Resources Protection Act- Section 8(b) of the Archeological Resources Protection Act of 1979 (
(b) Codification of Archaeological Resource Protection Act's Criminal Provision in Title 18-CommentsClose CommentsPermalink
(1) REPEAL- Section 6 of the Archaeological Resources Protection Act of 1979 (
(2) CODIFICATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Chapter 65 of title 18, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 1370. Archaeological resources--prohibited acts and criminal penalties
`(a) Damage or Remove- No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 (
`(b) Sale or Purchase-CommentsClose CommentsPermalink
`(1) IN GENERAL- No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of--CommentsClose CommentsPermalink
`(A) the prohibition contained in subsection (a) of this section; orCommentsClose CommentsPermalink
`(B) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.CommentsClose CommentsPermalink
`(2) PRIOR POSSESSION- Nothing in paragraph (1) shall be deemed applicable to any person with respect to any archaeological resource which was in the lawful possession of such person prior to October 31, 1979.CommentsClose CommentsPermalink
`(c) State or Local Law- No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate of foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.CommentsClose CommentsPermalink
`(d) Penalty-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined in accordance with this title, or imprisoned not more than 10 years, or both; but if the sum of the commercial and archaeological value of the archaeological resources involved and the cost of restoration and repair does not exceed $500, such person shall be fined under this title, imprisoned not more than 1 year, or both. In the case of a second or subsequent such violation, upon conviction such person shall be fined in accordance with this title, or imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink
`(2) ARROWHEADS- Nothing in subsection (d) shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.CommentsClose CommentsPermalink
`(e) Effective Date- The prohibitions contained in this section shall take effect on October 31, 1979.CommentsClose CommentsPermalink
`(f) Forfeitures-CommentsClose CommentsPermalink
`(1) IN GENERAL- The following property is subject to forfeiture to the United States:CommentsClose CommentsPermalink
`(A) All archeological resources involved in a violation of subsection (a), (b) or (c) of this section.CommentsClose CommentsPermalink
`(B) All proceeds derived directly or indirectly from such violation.CommentsClose CommentsPermalink
`(C) Any vehicle, equipment, or other property used or intended to be used to commit or to facilitate the commission of such violation.CommentsClose CommentsPermalink
`(D) All property traceable to such property.CommentsClose CommentsPermalink
`(2) APPLICATION OF CHAPTER 46- The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
(B) CHAPTER ANALYSIS- The chapter analysis at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`1370. Archaeological resources--prohibited acts and criminal penalties.'.CommentsClose CommentsPermalink
(c) Statute of Limitations for Criminal Violations of Archaeological Resources Protection Act-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 213 of title 18, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 3298. Archeological resources offenses
`No person shall be prosecuted, tried, or punished for a violation of, or conspiracy to violate, section 1370, title 18, United States Code, unless the indictment is returned or the information is filed within 20 years after the commission of the offense.'.CommentsClose CommentsPermalink
(2) CHAPTER ANALYSIS- The chapter analysis at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`3298. Archeological resources offenses.'.CommentsClose CommentsPermalink
SEC. 313. COMPUTER FRAUD.
`(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States--CommentsClose CommentsPermalink
`(A) such person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; andCommentsClose CommentsPermalink
`(B) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.CommentsClose CommentsPermalink
`(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
`(j)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them:CommentsClose CommentsPermalink
`(A) Any personal property used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section.CommentsClose CommentsPermalink
`(B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, or a conspiracy to violate this section.CommentsClose CommentsPermalink
`(2) The provisions of chapter 46 of this title relating to civil forfeiture shall apply to any seizure or civil forfeiture under this subsection.'.CommentsClose CommentsPermalink
SEC. 314. FALSE IMPERSONATION.
(a) In General- Chapter 43 of title 18, United States Code, is amended by inserting the following after section 917:CommentsClose CommentsPermalink
`SEC. 918. FORFEITURE.
`(a)(1) The court, in imposing sentence on any person convicted of a violation of this chapter or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States--CommentsClose CommentsPermalink
`(A) any property that was used or intended to be used to commit or to facilitate the commission of such violation; andCommentsClose CommentsPermalink
`(B) any property constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.CommentsClose CommentsPermalink
`(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
`(b)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them:CommentsClose CommentsPermalink
`(A) Any property used or intended to be used to commit or to facilitate the commission of any violation of this chapter or any conspiracy to commit such violation, and any property traceable to such property.CommentsClose CommentsPermalink
`(B) Any property that constitutes or is derived from proceeds traceable to any violation of this chapter or a conspiracy to commit such violation.CommentsClose CommentsPermalink
`(2) The provisions of chapter 46 of this title relating to civil forfeiture shall apply to any seizure or civil forfeiture under this subsection.'.CommentsClose CommentsPermalink
(b) Chapter Analysis- The chapter analysis for chapter 43 of title 18, United States Code, is amended by adding the following at the end:CommentsClose CommentsPermalink
`918. Forfeiture.'.CommentsClose CommentsPermalink
SEC. 315. CONSPIRACIES INVOLVING TRAFFICKING IN PERSONS.
(a) Money Laundering-
(b) Asset Forfeiture-
Subtitle B--Money Laundering
SEC. 321. INTERSTATE TRANSPORTATION OF CRIMINAL PROCEEDS AND `REVERSE' MONEY LAUNDERING.
(a) In General-
`(a)(1) Whoever, in any of the circumstances set forth in subsection (d)--CommentsClose CommentsPermalink
`(A) conducts or attempts to conduct a monetary transaction involving property of a value greater than $10,000 that is derived from specified unlawful activity, knowing that the property is derived from some form of unlawful activity; orCommentsClose CommentsPermalink
`(B) conducts or attempts to conduct a monetary transaction involving property of a value greater than $10,000, with the intent to promote the carrying on of specified unlawful activity,CommentsClose CommentsPermalink
shall be punished as provided in subsection (b).CommentsClose CommentsPermalink
`(2) Whoever, in the any of the circumstances set forth in subsection (d), transports, attempts to transport, or conspires to transport more than $10,000 in currency in interstate commerce--CommentsClose CommentsPermalink
`(A) knowing that the currency was derived from some form of unlawful activity; orCommentsClose CommentsPermalink
`(B) knowing that the currency was intended to be used to promote some form of unlawful activity,CommentsClose CommentsPermalink
shall be punished as provided in subsection (b).'.CommentsClose CommentsPermalink
(b) Penalty-
(1) in paragraph (1), by striking `paragraph (2)' and inserting `paragraphs (2) and (3)'; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) The maximum period of incarceration for a person convicted of an offense under subsection (a)(1)(B) must not exceed the statutory maximum for the offense being promoted.'.CommentsClose CommentsPermalink
(c) Conforming Amendment-
(1) in paragraph (2) by striking `and' after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by inserting at the end the following:CommentsClose CommentsPermalink
`(4) the term `conducts' has the same meaning as it does for purposes of section 1956 of this title.'.CommentsClose CommentsPermalink
(d) Heading-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CHAPTER ANALYSIS- The item relating to section 1957 in the chapter analysis for chapter 95 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`1957. Conducting monetary transactions in property derived from specified unlawful activity or in support of criminal activity.'.CommentsClose CommentsPermalink
SEC. 322. FREEZING BANK ACCOUNTS OF PERSONS ARRESTED FOR OFFENSES INVOLVING THE MOVEMENT OF MONEY ACROSS INTERNATIONAL BORDERS.
`(5)(A) If a person is arrested or charged in connection with an offense described in subparagraph (C) involving the movement of funds into or out of the United States, the Attorney General may apply to any Federal judge or magistrate judge in the district in which the arrest is made or the charges are filed for an ex parte order restraining any account held by the person arrested or charged for not more than 30 days, except that the time may be extended for good cause shown at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. The court may receive and consider evidence and information submitted by the Government that would be inadmissible under the Federal Rules of Evidence.CommentsClose CommentsPermalink
`(B) The application for the restraining order referred to in subparagraph (A) shall--CommentsClose CommentsPermalink
`(i) identify the offense for which the person has been arrested or charged;CommentsClose CommentsPermalink
`(ii) identify the location and description of the accounts to be restrained; andCommentsClose CommentsPermalink
`(iii) state that the restraining order is needed to prevent the removal of the funds in the account by the person arrested or charged, or by others associated with such person, during the time needed by the Government to conduct such investigation as may be necessary to establish whether there is probable cause to believe that the funds in the accounts are subject to forfeiture in connection with the commission of any criminal offense.CommentsClose CommentsPermalink
`(C) A restraining order may be issued pursuant to subparagraph (A) if a person is arrested or charged with any offense for which forfeiture is authorized under this title, title 31, or the Controlled Substances Act.CommentsClose CommentsPermalink
`(D) For purposes of this paragraph--CommentsClose CommentsPermalink
`(i) the term `account' includes any safe deposit box and any account (as defined in section 5318A(e)(1) and (e)(2)) at any financial institution; andCommentsClose CommentsPermalink
`(ii) the term `account held by the person arrested or charged' includes an account held in the name of such person, and any account over which such person has effective control as a signatory or otherwise.CommentsClose CommentsPermalink
`(E) Restraint pursuant to this paragraph shall not be deemed a seizure for purposes of subsection 983(a) of this title.CommentsClose CommentsPermalink
`(F) A restraining order issued pursuant to this paragraph may be executed in any district in which the subject account is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement.'.CommentsClose CommentsPermalink
SEC. 323. PROCEDURE FOR ISSUING SUBPOENAS IN CERTAIN MONEY LAUNDERING AND FORFEITURE CASES.
(a) In General-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting `(1)' before `At any time';CommentsClose CommentsPermalink
(B) by striking `section 1956, 1957, or 1960 of this title, section 5322 or 5324 of title 31, United States Code' and inserting `section 981 or 982 of this title, or sections 5317 and 5332 of title 31';CommentsClose CommentsPermalink
(C) by striking `in rem'; andCommentsClose CommentsPermalink
(D) by striking the last sentence and inserting the following:CommentsClose CommentsPermalink
`(2) The United States may request the Clerk of the Court in any district where a civil forfeiture action may be filed pursuant to 1355(b) of title 28 to issue a subpoena duces tecum under paragraph (1) before the filing of the verified complaint.';CommentsClose CommentsPermalink
(2) in subsection (c), by inserting `or the Federal Rules of Criminal Procedure' after `Procedure'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(e) Procedure for Issuing Subpoenas- The Attorney General, a United States Attorney, an Assistant United States Attorney, or an attorney in the Criminal Division of the Department of Justice may issue a subpoena for evidence in any investigation of a violation of sections 1956, 1957, or 1960 of this title 18, or section 5332 of title 31, in the manner set forth in section 3486 of this title.'.CommentsClose CommentsPermalink
(b) Grand Jury Subpoenas-
(1) in clause (i) by striking `related to such correspondent account'; andCommentsClose CommentsPermalink
(2) adding after clause (ii) the following:CommentsClose CommentsPermalink
`(iii) GRAND JURY OR TRIAL SUBPOENA- In addition to a subpoena issued by the Attorney General or the Secretary of the Treasury, a subpoena under clause (i) may also be a grand jury or trial subpoena.'.CommentsClose CommentsPermalink
(c) Fair Credit Reporting Act Amendment- Section 604(a)(1) of the Fair Credit Reporting Act (
(d) Obstruction of Justice-
(1) in paragraph (b)(2)(A), by inserting `or an investigative subpoena issued pursuant to
(2) in paragraph (b)(3)(B), by inserting `, an investigative subpoena issued pursuant to
(e) Right to Financial Privacy Act- Section 1120 of the Financial Institutions Regulatory and Interest Rate Control Act of 1978 (
(1) in subsection (a)(1) by inserting `or to the Government' after `to the grand jury'; andCommentsClose CommentsPermalink
(2) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by inserting `, or an investigative subpoena issued pursuant to
(B) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
`(A) crime against any financial institution or supervisory agency or crime involving a violation of the Controlled Substances Act (
SEC. 324. USING BLANK CHECKS IN BEARER FORM TO SMUGGLE MONEY.
`(e) Monetary Instruments With Amount Left Blank- For purposes of this section, a monetary instrument that has the amount left blank shall be considered to have a value in excess of $10,000 if the instrument was drawn on an account that contained or was intended to contain more than $10,000 at the time the instrument was being transported, or at the time it was negotiated or was intended to be negotiated.'.CommentsClose CommentsPermalink
SEC. 325. TREATING ELECTRONIC FUNDS AS FUNGIBLE PROPERTY.
`(3)(A) In any civil forfeiture action brought pursuant to this section, section 5332, or section 981(a)(1)(A) of title 18, currency, precious metals, gemstones, and funds held in any account or safe deposit box at any financial institution shall be considered fungible property identical to other property located in the same place or account at an earlier time.CommentsClose CommentsPermalink
`(B) In any case where (A) applies, it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture, nor shall it be a defense that the property involved in such offense has been removed and replaced by identical property.'.CommentsClose CommentsPermalink
SEC. 326. BULK CASH SMUGGLING.
SEC. 327. MAKING THE INTERNATIONAL MONEY LAUNDERING STATUTE APPLY TO TAX EVASION.
(1) inserting `(i)' before `with the intent to promote'; andCommentsClose CommentsPermalink
(2) inserting the following after `or':CommentsClose CommentsPermalink
`(ii) with the intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or'.CommentsClose CommentsPermalink
SEC. 328. PROHIBITING MONEY LAUNDERING THROUGH HAWALAS, OTHER INFORMAL VALUE TRANSFER SYSTEMS, AND CLOSELY RELATED TRANSACTIONS.
SEC. 329. SECTION 1957 VIOLATIONS INVOLVING COMMINGLED FUNDS AND STRUCTURED TRANSACTIONS.
`(g) The Government may satisfy the $10,000 requirement in subsection (a)(1) by showing that--CommentsClose CommentsPermalink
`(1) the monetary transaction involved the transfer, withdrawal, encumbrance, or other disposition of more than $10,000 from an account in which more than $10,000 in proceeds of specified unlawful activity was commingled with other funds; orCommentsClose CommentsPermalink
`(2) the defendant conducted a series of monetary transactions in amounts under $10,000 that exceeded $10,000 in the aggregate and that were closely related to each other in terms of such factors as time, the identity of the parties involved, the nature or purpose of the transactions or the manner in which they are conducted.'.CommentsClose CommentsPermalink
SEC. 330. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.
(a) In General-
`(k) Multiple violations of this section that are part of the same scheme or continuing course of conduct may be charged, at the election of the Government, in a single count in an indictment or information.'.CommentsClose CommentsPermalink
(b) Conspiracies- Section 1956(h) of title 18 is amended by inserting `, or section 1960' after `section 1957.'.CommentsClose CommentsPermalink
SEC. 331. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A SPECIFIC FELONY.
(a) Proceeds of a Felony-
(b) Intent To Conceal or Disguise- Sections 1956(a)(1)(B)(i) and 1956(a)(2)(B)(i) of title 18, United States Code, are amended by striking `specified unlawful activity' and inserting `some form of unlawful activity'.CommentsClose CommentsPermalink
SEC. 332. OTHER SPECIFIED ACTIVITY FOR MONEY LAUNDERING.
(a) Amendments to RICO-
(1) BURGLARY AND EMBEZZLEMENT- In subparagraph (A), by inserting `burglary, embezzlement,' after `robbery,'.CommentsClose CommentsPermalink
(2) SECURITIES FRAUD- (A) In subparagraph (D), by striking `fraud in the sale of securities' and inserting `fraud in the purchase or sale of securities'; and (B) in subparagraph (B) by inserting `section 1348 (relating to securities fraud), section 1349 (relating to attempt and conspiracy),' before `section 1425'.CommentsClose CommentsPermalink
(3) ALIEN SMUGGLING- In subparagraph (F), by inserting `and 274A' after `274'.CommentsClose CommentsPermalink
(b) Identity Theft-CommentsClose CommentsPermalink
(1) SOCIAL SECURITY NUMBER-
(2) IDENTITY THEFT-
(c) Counterfeiting-
(d) Forgery-
(e) Explosives-
(f) Foreign Agents-
(g) Obscenity-
(h) False Claims-
(i) Protection of Natural Resources and Cultural Assets-
(1) in subparagraph (E), by striking `or' and inserting `, or the Clean Air Act (
(2) by inserting after paragraph (F) the following:CommentsClose CommentsPermalink
`(G) any violation of the Archaeological Resources Protection Act (
(j) Wildlife Protection Offense-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 3 of title 18, United States Code, is amended by inserting after section 48 the following:CommentsClose CommentsPermalink
`Sec. 49. Definition of wildlife protection offense
`(a) As used in this title, the term `wildlife protection offense' means any violation of a provision of this chapter or of any Act listed in subsection (b), or any regulation promulgated thereunder, that may be prosecuted as a criminal offense.CommentsClose CommentsPermalink
`(b) The statutes referred to in subsection (a) include the following:CommentsClose CommentsPermalink
`(1) The Lacey Act (
`(2) The Endangered Species Act (
`(3) The Marine Mammal Protection Act (
`(4) The African Elephant Conservation Act (
`(5) The Wild Exotic Bird Conservation Act (
`(6) The Bald and Golden Eagle Protection Act (
`(7) The Migratory Bird Treaty Act (
`(8) The Migratory Bird Hunting Conservation Stamp Act (
`(9) The Airborne Hunting Act (
`(10) The Antarctic Conservation Act (
`(11) The National Wildlife Refuge System Administration Act (
`(12) The Rhinoceros and Tiger Conservation Act (
`(13) The Antarctic Marine Living Resources Convention (
`(14) The Fur Seal Act (
(2) CHAPTER ANALYSIS- The chapter analysis for chapter 3 of title 18, United States Code, is amended by inserting after the item for section 48 the following:CommentsClose CommentsPermalink
`49. Definition of wildlife protection offense.'.CommentsClose CommentsPermalink
SEC. 333. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) `Money Transmitting Business' Defined-
`(2) the term `money transmitting business' means any business other than the United States Postal Service, which provides check cashing, currency exchange, money transmitting or remittance services, or issues, sells or redeems money orders, travelers' checks, or other similar instruments or, any other person or association of persons, formal or informal, engaging as a business in transporting, transferring, exchanging, or transmitting currency or funds in any form, including any person or association of persons, formal or informal, engaging as a business in any informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions systems.'.CommentsClose CommentsPermalink
(b) General Intent Requirement for Section 1960(b)(1)(B)-
(c) Authority To Investigate-
`(c) Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, and the Secretary of the Department of Homeland Security.'.CommentsClose CommentsPermalink
(d) Technical Amendments-
(1) in the title by striking `unlicensed' and inserting `illegal';CommentsClose CommentsPermalink
(2) in subsection (a) by striking `unlicensed' and inserting `illegal';CommentsClose CommentsPermalink
(3) in subsection (b)(1) by striking `unlicensed' and inserting `illegal'; andCommentsClose CommentsPermalink
(4) in subsection (b)(1)(C) by inserting `, exchange' after `transportation.'CommentsClose CommentsPermalink
SEC. 334. TECHNICAL CORRECTION TO THE USA PATRIOT ACT.
SEC. 335. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN MONEY LAUNDERING OFFENSES.
(a) Currency Reporting Offenses-
(b) Money Laundering- Section 2516(1)(c) is amended by inserting `section 1960 (relating to illegal money transmitting businesses),' before `section 659'.CommentsClose CommentsPermalink
SEC. 336. MISCELLANEOUS MINOR AND TECHNICAL AMENDMENTS.
(a) Criminal Forfeiture-
(b) Definition of Financial Institution-
(1) in subparagraph (A), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (B), by inserting `and' after the semicolon; andCommentsClose CommentsPermalink
(3) inserting the following at the end:CommentsClose CommentsPermalink
`(C) a bail bondsman;'.CommentsClose CommentsPermalink
(c) Other Amendments to Sections 1956 and 1957-CommentsClose CommentsPermalink
(1) PENALTIES-
`(5) STAY OF ACTION- If a civil action is filed under this subsection, either party may move to stay the action in accordance with section 981(g) of this title.'.CommentsClose CommentsPermalink
(2) DEFINITIONS-
(A) in paragraph (7)(F), by inserting `, as defined in section 24 of this title' before the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (8), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(C) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink
`(9) the term `proceeds' any property or interest in property obtained or retained as a consequence of an act or omission; `proceeds' means gross proceeds, not net profits.'.CommentsClose CommentsPermalink
(d) Obstruction of Justice-
(e) Clarifying Technical Correction to
SEC. 337. TECHNICAL CORRECTION REGARDING FORFEITURE AUTHORITY FOR SECRETARY, HOMELAND SECURITY.
(1) by adding the following after `the Secretary of the Treasury' wherever it appears: `, Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) in subsection (j) by--CommentsClose CommentsPermalink
(A) striking `and' in subparagraph (1);CommentsClose CommentsPermalink
(B) by striking the period after `delegate' and inserting `; and' in subparagraph (2); andCommentsClose CommentsPermalink
(C) by inserting the following new paragraph after paragraph (2):CommentsClose CommentsPermalink
`(3) the term `Secretary of Homeland Security' means the Secretary of Homeland Security or his delegate.'.CommentsClose CommentsPermalink
SEC. 338. STORED VALUE CARDS.
(1) striking `and' at the end of subparagraph (B);CommentsClose CommentsPermalink
(2) striking the period and inserting `; and' before the period at the end of subparagraph (C); andCommentsClose CommentsPermalink
(3) inserting the following thereafter:CommentsClose CommentsPermalink
`(D) As the Secretary of the Treasury shall provide by regulation for purposes of sections 5316 and 5331, stored value cards or other similar devices including funds or monetary value represented in digital electronics format (whether or not specially encrypted) and stored or capable of storage on electronic media in such a way as to be retrievable and transferable electronically.'.CommentsClose CommentsPermalink
Subtitle C--Recovering the Proceeds of Crime and Victim Restitution
CHAPTER 1--CRIMINAL FORFEITURE PROCEDURE
SEC. 341. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
(a) In General- Section 413(e)(1) of the Controlled Substances Act (
(1) inserting the following before the dash: `, including property that may be forfeited upon the defendant's conviction to satisfy a money judgment'; andCommentsClose CommentsPermalink
(2) inserting before `to preserve' the following: `to prevent the unlawful use of the property while a criminal action is pending, or'.CommentsClose CommentsPermalink
(b) Conforming- Section 413(c) of the Controlled Substances Act (
(c) Protective Order- Section 413(e)(3) of the Controlled Substances Act (
`(B) The court shall issue any protective order necessary to prevent the premature disclosure of any ongoing law enforcement operation or investigation or the identity of any witness at the hearing. In addition, in any case involving an ongoing investigation, the court shall permit the presentation of evidence ex parte and under seal.'.CommentsClose CommentsPermalink
(d) Restraining Order- Section 413(e) of the Controlled Substances Act is amended by adding the following new paragraph after paragraph (4):CommentsClose CommentsPermalink
`(5)(A) A restraining order entered pursuant to paragraph (1)(A) shall remain in effect through the conclusion of the criminal case, unless modified by the court.CommentsClose CommentsPermalink
`(B) At the request of the defendant, the court may conduct a pretrial hearing to determine whether the restraining order should be vacated or modified with respect to some or all of the restrained property, if the defendant--CommentsClose CommentsPermalink
`(i) establishes by a preponderance of the evidence that there are no assets, other than the restrained property, available to the defendant to retain counsel in the criminal case; andCommentsClose CommentsPermalink
`(ii) makes a prima facie showing of a bona fide reason to believe that there is no probable cause for the forfeiture of the restrained property, or for the entry of a money judgment that the restrained property would be used to satisfy.CommentsClose CommentsPermalink
The Government shall have an opportunity to cross-examine the defendant and any witnesses the defendant may present on these issues.CommentsClose CommentsPermalink
`(C) If the court determines that the defendant has satisfied the requirements of (B)(i) and (ii), it may hold a hearing to determine whether there is probable cause for the forfeiture of the property. In making such determination, the court shall give due deference to any finding made by a grand jury that there is probable cause to believe that the property is subject to forfeiture.CommentsClose CommentsPermalink
`(D) If the court determines that no probable cause exists for the forfeiture of the property, it shall modify the restraining order to the extent necessary to release the property from restraint.CommentsClose CommentsPermalink
`(E) In any hearing under this paragraph where probable cause is at issue, the court shall limit its inquiry to the existence of probable cause for the forfeiture of the restrained assets, or for the entry of a money judgment that the restrained assets would be used to satisfy. The court shall not entertain challenges to the grand jury's finding of probable cause regarding the criminal offense giving rise to the forfeiture.CommentsClose CommentsPermalink
`(F) A person other than the defendant who has a legal interest in the restrained property may move to modify or vacate the restraining order on the ground that the order causes a substantial hardship to the moving party and less intrusive means exist to preserve the subject property for forfeiture. In accordance with subsection (k), such person may not object to a restraining order on grounds that may only be asserted in the ancillary proceeding pursuant to subsection (n).'.CommentsClose CommentsPermalink
SEC. 342. AUTHORIZING FORFEITURE PURSUANT TO A GUILTY PLEA.
Section 413 of the Controlled Substances Act (
`(r) Guilty Pleas-CommentsClose CommentsPermalink
`(1) A defendant who pleads guilty to a criminal offense may, as part of a plea agreement, agree to the forfeiture of any property derived from or used to commit that offense and any other offense that is part of the same scheme or plan or pattern of related conduct.CommentsClose CommentsPermalink
`(2) Upon acceptance of the defendant's guilty plea, the court shall enter a preliminary order of forfeiture, pursuant to rule 32.2 of the Federal Rules of Criminal Procedure, with respect to any property that the defendant has agreed to forfeit pursuant to this subsection.'.CommentsClose CommentsPermalink
SEC. 343. CRIMINAL SEIZURE WARRANTS.
Section 413(f) of the Controlled Substances Act (
`(a)(1) Property subject to forfeiture under this section may be seized pursuant to
`(2) If property subject to criminal forfeiture under this section is already in the custody of the United States or any agency thereof, it shall not be necessary to seize or restrain the property for the purpose of criminal forfeiture.CommentsClose CommentsPermalink
`(3) If the seizure warrant is obtained after the property to be seized has been listed in an indictment or criminal information or related bill of particulars, the requirement that the warrant be executed within 10 days under rule 41, Federal Rules of Criminal Procedure, shall not apply.'.CommentsClose CommentsPermalink
SEC. 344. DISCOVERY PROCEDURE FOR LOCATING FORFEITED ASSETS.
Section 413(m) of the Controlled Substances Act (
SEC. 345. COLLECTION OF CRIMINAL FORFEITURE JUDGMENT.
Section 413 of the Controlled Substances Act (
`(s) Collection of Criminal Forfeiture Judgment- An order of forfeiture in a criminal case may take the form of a money judgment and may be enforced--CommentsClose CommentsPermalink
`(1) in the manner provided for the collection and payment of fines in subchapter B of chapter 229 of title 18, United States Code;CommentsClose CommentsPermalink
`(2) in the same manner as a judgment in a civil action;CommentsClose CommentsPermalink
`(3) pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure; orCommentsClose CommentsPermalink
`(4) pursuant to the Federal Debt Collection Act (
SEC. 346. ABATEMENT OF FORFEITURE WHEN DEFENDANT DIES.
(a) In General- Section 413 of the Controlled Substances Act (
`(t) Special Civil Forfeiture Proceedings When the Defendant Dies-CommentsClose CommentsPermalink
`(1)(A) In any case in which criminal forfeiture has been alleged, if a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict of guilty has been returned, but before the defendant's time for direct appeal from the conviction or from a criminal order of forfeiture has expired, or before any such appeal by the defendant, or any posttrial motion or appeal by the Government bearing on the forfeiture or the underlying criminal conviction, has finally been resolved, the criminal forfeiture proceeding shall be converted to a special civil forfeiture proceeding notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of title 18, and shall be concluded as provided herein.CommentsClose CommentsPermalink
`(B) For purposes of this subsection, a plea of guilty or nolo contendere shall be considered to have been `accepted' if a court has determined, pursuant to Rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, notwithstanding that final acceptance may have been deferred pending review of a presentence report or otherwise; a verdict is `returned' when it is orally stated in open court; and `direct appeal' refers to an appeal filed, within the period provided by the applicable rule of appellate procedure, from the entry of the judgment or order of forfeiture, up to and including review by the Supreme Court.CommentsClose CommentsPermalink
`(2)(A) If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict of guilty has been returned, but before entry of a criminal order of forfeiture, the court, after a hearing at which the defendant's personal representative shall have the same rights to present evidence and argument as the defendant would have had if he had survived, shall enter a special civil order of forfeiture if the court finds, by a preponderance of the evidence, that property, including substitute property pursuant to subsection (p) of this section, is forfeitable as a result of the defendant's conviction.CommentsClose CommentsPermalink
`(B) The special civil order of forfeiture shall forfeit to the United States all property, including substitute property, that would have been subject to criminal forfeiture if the defendant had survived, and may constitute, or include, a civil money judgment against the defendant's estate and any person holding property that would have been forfeitable in the criminal case if the defendant had survived.CommentsClose CommentsPermalink
`(C) Any third-party interests in property subject to a special civil order of forfeiture shall be determined by the court pursuant to subsection (n) of this section as if the defendant had survived. While the defendant's personal representative may contest forfeitability of particular property and the amount of any money judgment in a special civil order of forfeiture, third-party claimants under this subsection, as under subsection (n) as applied to criminal orders of forfeiture, may contest only issues of ownership.CommentsClose CommentsPermalink
`(3)(A) If a defendant dies after entry of a criminal order of forfeiture, but before the defendant's time for direct appeal from the underlying criminal conviction or when the criminal order of forfeiture has expired, or before any such appeal by the defendant has finally been resolved, the criminal order of forfeiture shall become a special civil order of forfeiture by operation of law, and proceedings bearing on the forfeiture shall continue, and be concluded, pursuant to this section.CommentsClose CommentsPermalink
`(B) If a defendant dies during the pendency of a posttrial motion or appeal by the Government concerning a court's failure to announce or enter a requested order of forfeiture or to include such an order in the judgment, other error by the court with respect to the forfeiture, or a court's postverdict dismissal of a criminal conviction that was a basis for criminal forfeiture, the court in which the matter is pending, on the Government's motion, shall continue and conclude the proceeding pursuant to this section, and, if the Government prevails, shall enter, or direct the entry by the district court of, a special civil order of forfeiture if the Government makes the showing required by paragraph (2)(A), or the court determines that such a showing was made before the defendant's death during the proceedings that are the subject of the pending posttrial motion or appeal.CommentsClose CommentsPermalink
`(4)(A) In all proceedings concerning a special civil order of forfeiture, the court shall consider the relevant portions of the record of the criminal case. That record, including any agreements, admissions, stipulations, findings of fact, conclusions of law, or verdicts bearing upon the defendant's guilt or the forfeitability of any property of the defendant, and any failure by the defendant to demand a jury verdict on forfeiture, shall be binding on the defendant's personal representative in the district court, and on any appeal, to the extent that it would have bound the defendant in the criminal case. The record shall be binding upon any third-party claimants to the extent that it would have bound them if the defendant had survived.CommentsClose CommentsPermalink
`(B) The defendant's personal representative or the Government may file or pursue an otherwise permissible direct appeal, or an otherwise permissible motion under this section or the Federal Rules of Criminal Procedure (other than a motion under Rule 33(b)(1) filed after death or after judgment), to challenge, enforce, correct, amend, modify, or reinstate a special civil order of forfeiture, or to challenge or reinstate a verdict or plea of guilty or nolo contendere on which such an order is, or should be, based. In any such appeal or motion, the death of the defendant shall not itself be a basis for relief.CommentsClose CommentsPermalink
`(5)(A) Proceedings concerning a special civil order of forfeiture, including any appeal or motion to challenge, enforce, correct, amend, modify, or reinstate such an order or to challenge or reinstate a verdict or plea of guilty or nolo contendere underlying such an order, shall be governed by the provisions of this section and the law and procedures that would have applied if the defendant had survived and the forfeiture proceedings had been conducted and concluded in the criminal case, except that the special civil order of forfeiture need not be included in any criminal sentence or judgment, and the personal representative of the defendant shall be substituted for the defendant. Section 983 of title 18 and section 2465(b) of title 28 shall not apply.CommentsClose CommentsPermalink
`(B) A personal representative, if not otherwise appointed, shall be appointed by the district court before which the criminal case was filed or by the court of appeals if the matter is pending on appeal at the time of the defendant's death. Counsel may be appointed for the personal representative of the defendant if counsel would have been available to the defendant under
`(C) Appeals by any party from or concerning a special civil order of forfeiture shall be governed by the rules applicable to civil appeals. A special civil order of forfeiture shall be final as to the defendant and the defendant's estate upon initial entry, and shall be final as to any third-party interests upon entry of any order, or amended order, finally determining such interests pursuant to subsection (n).CommentsClose CommentsPermalink
`(6) Any forfeiture protective orders in effect at the time of a defendant's death shall continue in effect unless modified by the court after a hearing or pursuant to a motion by the Government. Upon the Government's motion, the court shall take any action necessary to preserve the availability of property for forfeiture pursuant to this subsection.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) NONABATEMENT-
`(k) Nonabatement of Forfeiture-CommentsClose CommentsPermalink
`(1) The death of an individual does not affect the Government's ability to seek, or to continue to pursue, civil in rem forfeiture of property as authorized by law, except as provided herein. Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in subsection (a), the Government may commence in rem civil forfeiture proceedings, within the greater of the time period otherwise authorized by law or 2 years after the death of an individual against whom a criminal indictment alleging forfeiture is pending at the time of death, against all interests in any property alleged to be forfeitable in the indictment.CommentsClose CommentsPermalink
`(2) The effect of the death of a defendant upon criminal forfeiture shall be governed by section 413(t) of the Controlled Substances Act (
(2) SPECIAL FORFEITURE-
`(F) special civil forfeiture proceedings pursuant to section 413(t) of the Controlled Substances Act (
SEC. 347. FORFEITABLE PROPERTY TRANSFERRED TO THIRD PARTIES.
Section 413(c) of the Controlled Substances Act (
(1) by designating the present matter as paragraph (1);CommentsClose CommentsPermalink
(2) in paragraph (1), by striking `subsection (a)' and inserting `subsection (a) or (p)'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(2)(A) If, as provided in paragraph (1), property transferred to a transferee is ordered forfeited, the transferee shall deposit the forfeited property in the registry of the Court, or with the United States Marshals Service or other Government custodian, pending the conclusion of any ancillary proceeding pursuant to subsection (n).CommentsClose CommentsPermalink
`(B) If the transferee fails to establish pursuant to subsection (n)(6)(B) that the transferee is a bona fide purchaser for value of the forfeited property, but the transferee is unable, due to the transferee's act or omission, to surrender the forfeited property to the United States, the transferee shall owe the United States a sum of money equal to the greater of--CommentsClose CommentsPermalink
`(i) the value of the property at the time of the transfer, plus interest from the time of the transfer;CommentsClose CommentsPermalink
`(ii) the value of the property at the time it was converted by the third party, plus interest from the time of the conversion; orCommentsClose CommentsPermalink
`(iii) the value of the property at the time the third party is found liable to the Government under this subsection.CommentsClose CommentsPermalink
`(C) Once the ancillary proceedings regarding the transferee's claim to be a bona fide purchaser are concluded, the district court that issued the order of forfeiture shall issue a judgment in favor of the United States and against the transferee for the amount of money to which the United States is entitled. All money collected pursuant to such a judgment shall constitute forfeited property under this section.'.CommentsClose CommentsPermalink
SEC. 348. FORFEITURE OF THIRD-PARTY INTERESTS IN CRIMINAL CASES.
(a) In General- Section 413 of the Controlled Substances Act (
`(u) Forfeiture of Third-Party Interests- In lieu of filing a parallel civil forfeiture action, and notwithstanding the expiration of any statute of limitations regarding such action, the Government may seek the forfeiture of a third party's interest in property subject to forfeiture under this section at the conclusion of the ancillary proceeding described in subsection (n). Such proceeding shall be an in rem proceeding in which the third party shall first have the burden of establishing a legal interest in the property pursuant to subsection (n), after which the Government shall have the burden of establishing the forfeitability of the third party's interest in the manner provided for civil forfeitures in chapter 46, title 18, United States Code, and the third party shall have the burden of establishing an innocent owner defense pursuant to such chapter.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 413(n)(6) of the Controlled Substances Act (
SEC. 349. SEVERANCE OF JOINTLY HELD PROPERTY.
(a) In General- Section 413 of the Controlled Substances Act (
`(v) Severance of Jointly Held Property-CommentsClose CommentsPermalink
`(1) If the court determines, pursuant to subsection (n) or (u), that a third party had a partial nonforfeitable interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in such property, the court shall enter an appropriate order--CommentsClose CommentsPermalink
`(A) severing the property;CommentsClose CommentsPermalink
`(B) transferring the property to the government with a provision that the government compensate the third party to the extent of his or her nonforfeitable ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets; orCommentsClose CommentsPermalink
`(C) if neither (A) nor (B) is reasonably practical under all of the circumstances, permitting the third party to retain the property subject to a lien in favor of the Government to the extent of the forfeitable interest in the property, and entering any order necessary to ensure that the value of the property is maintained, including--CommentsClose CommentsPermalink
`(i) permitting the inspection, photographing, and inventory of the property;CommentsClose CommentsPermalink
`(ii) fixing a bond in accordance with Rule E(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions; andCommentsClose CommentsPermalink
`(iii) requiring the property owner to obtain or maintain insurance on the subject property.CommentsClose CommentsPermalink
`(2) To effectuate the purposes of this subsection, a joint tenancy or tenancy by the entireties shall be converted to a tenancy in common by order of the court, irrespective of State law, so that a lien created pursuant to (1)(C) will entitle the Government to the forfeitable portion of the property's value at the time title to the property is transferred.'.CommentsClose CommentsPermalink
(b) Conforming Amendment-
(1) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink
`(C) if neither (A) nor (B) is reasonably practical under all of the circumstances, permitting the third party to retain the property subject to a lien in favor of the Government to the extent of the nonforfeitable interest in the property, and entering any order necessary to ensure that the value of the property is maintained, including--CommentsClose CommentsPermalink
`(i) permitting the inspection, photographing, and inventory of the property;CommentsClose CommentsPermalink
`(ii) fixing a bond in accordance with Rule E(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions; andCommentsClose CommentsPermalink
`(iii) requiring the property owner to obtain or maintain insurance on the subject property.'.CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`To effectuate the purposes of this subsection, a joint tenancy or tenancy by the entireties shall be converted to a tenancy in common by order of the court, irrespective of State law, so that a lien created pursuant to (1)(C) will entitle the Government to the forfeitable portion of the property's value at the time title to the property is transferred.'.CommentsClose CommentsPermalink
SEC. 350. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL FORFEITURE THROUGH BANKRUPTCY.
Section 413(c) of the Controlled Substances Act (
`(3) Forfeiture under this section shall have priority over any bankruptcy proceeding instituted after the commission of the offense giving rise to the forfeiture.'.CommentsClose CommentsPermalink
SEC. 351. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.
(a) In General-
`(a) The court, in imposing sentence on a defendant who has been found guilty of an offense for which the forfeiture of property is authorized, shall order, in addition to any sentence imposed pursuant to section 3551, the forfeiture of the property to the United States in accordance with Rule 32.2 of the Federal Rules of Criminal Procedure and section 413 of the Controlled Substances Act (
`(b) If any property subject to forfeiture is unavailable, the court shall enter a personal money judgment against the defendant in an amount equal to the value of the unavailable property.CommentsClose CommentsPermalink
`(c) Section 413(d) of the Controlled Substances Act (
(b) RICO-
`(n) The forfeiture of property under this section shall be governed by Rule 32.2 of the Federal Rules of Criminal Procedure and the provisions of section 413 of the Controlled Substances Act (
(c) Espionage-
`(3) The forfeiture of property under this section shall be governed by Rule 32.2 of the Federal Rules of Criminal Procedure and the provisions of section 413 of the Controlled Substances Act (
SEC. 352. APPEALS.
`(k) Criminal Forfeiture- The Government may file a notice of appeal in the district court for review of any aspect of the forfeiture portion of a sentence, of a court's failure to include forfeiture in a sentence for any offense for which forfeiture is authorized upon conviction, or of any postjudgment forfeiture order, including orders granting or denying motions pursuant to rule 32.2(e) of the Federal Rules of Criminal Procedure. The notice may be filed pursuant to Fed. R. App. P. 4(b) within 30 days after the sentencing judgment, or subsequent forfeiture order, is entered, or within 30 days after the district court denies a motion for reconsideration of the forfeiture sentencing issue or forfeiture order.'.CommentsClose CommentsPermalink
SEC. 353. VICTIMS, RESTITUTION, AND FORFEITURE.
Section 413 of the Controlled Substances Act (
`(w) Victims and Restitution- The defendant may not use property forfeited under this section to satisfy an order of restitution. If an order of forfeiture is entered pursuant to this section and the defendant has no assets other than the forfeited property to pay restitution to identifiable victims, the Attorney General is authorized to restore or remit forfeited property to victims in accordance with subsection (i)(1) and the applicable provisions of title 28, Code of Federal Regulations 9, once the ancillary proceeding under subsection (n) has been completed and the costs of the forfeiture action have been deducted.'.CommentsClose CommentsPermalink
SEC. 354. AUTHORITY OF SECRETARY OF HOMELAND SECURITY.
(a) Subsection 981(d) of title 18 is amended by inserting after `the Secretary of the Treasury,': `the Secretary of Homeland Security,'.CommentsClose CommentsPermalink
(b) Subsection 981(e) of title 18 is amended by inserting after `the Secretary of the Treasury,' each time it appears: `the Secretary of Homeland Security,'.CommentsClose CommentsPermalink
CHAPTER 2--INTERNATIONAL PROVISIONS
SEC. 361. PROCEDURES FOR ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENTS AND PROTECTIVE ORDERS.
(a) In General-
`SEC. 2467. ENFORCEMENT OF FOREIGN JUDGMENTS AND PROTECTIVE ORDERS.
`(a) Definitions- In this section--CommentsClose CommentsPermalink
`(1) the term `foreign nation' means a country or territory that has become a party to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as the `United Nations Convention') or a foreign jurisdiction with which the United States has a treaty or other formal international agreement in effect providing for mutual forfeiture assistance or which will render forfeiture assistance to the United States based on assurances of reciprocity;CommentsClose CommentsPermalink
`(2) the term `forfeiture or confiscation judgment' means a final order of a foreign nation compelling a person or entity--CommentsClose CommentsPermalink
`(A) to pay a sum of money representing the proceeds of an offense described in article 3, paragraph 1, of the United Nations Convention, any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States, or any foreign offense described in section 1956(c)(7)(B) of title 18, or property the value of which corresponds to such proceeds; orCommentsClose CommentsPermalink
`(B) to forfeit property involved in or traceable to the commission of such offense.CommentsClose CommentsPermalink
`(b) Review by Attorney General-CommentsClose CommentsPermalink
`(1) IN GENERAL- A foreign nation seeking to have a forfeiture or confiscation judgment registered and enforced by a district court of the United States under this section shall first submit a request to the Attorney General or the designee of the Attorney General, which request shall include--CommentsClose CommentsPermalink
`(A) a summary of the facts of the case and a description of the proceedings that resulted in the forfeiture or confiscation judgment;CommentsClose CommentsPermalink
`(B) a certified copy of the forfeiture or confiscation judgment;CommentsClose CommentsPermalink
`(C) an affidavit or sworn declaration establishing that the foreign nation took steps, in accordance with the principles of due process, to give notice of the proceedings to all persons with an interest in the property in sufficient time to enable such persons to defend against the charges and that the judgment rendered is in force and is not subject to appeal; andCommentsClose CommentsPermalink
`(D) such additional information and evidence as may be required by the Attorney General or the designee of the Attorney General.CommentsClose CommentsPermalink
`(2) CERTIFICATION OF REQUEST- The Attorney General or the designee of the Attorney General shall determine whether, in the interest of justice, to certify the request, and such decision shall be final and not subject to either judicial review or review under subchapter II of chapter 5, or chapter 7, of title 5 (commonly known as the `Administrative Procedure Act').CommentsClose CommentsPermalink
`(c) Jurisdiction and Venue-CommentsClose CommentsPermalink
`(1) IN GENERAL- If the Attorney General or the designee of the Attorney General certifies a request under subsection (b), the United States may file an application in the district court of the United States seeking to enforce the foreign forfeiture or confiscation judgment as if the judgment had been entered by a court in the United States.CommentsClose CommentsPermalink
`(2) PROCEEDINGS- In a proceeding filed under paragraph (1)--CommentsClose CommentsPermalink
`(A) the United States shall be the applicant and any person or entity affected by the forfeiture or confiscation judgment shall be the respondent;CommentsClose CommentsPermalink
`(B) venue shall lie in the District Court for the District of Columbia or in any other district in which any person or entity against whom the foreign forfeiture or confiscation judgment was entered or may be enforced, or in which the property that may be the basis for satisfaction of a judgment under this section may be found;CommentsClose CommentsPermalink
`(C) the United States shall serve process in accordance with the Federal Rules of Civil Procedure and the Supplemental Rules upon such property as may form the basis for satisfaction of the foreign judgment or upon such persons or entities against whom such foreign order may be executed. The United States shall provide written notice to such persons as may be known to the United States to have an interest in the property against which the foreign judgment is to be executed and shall publish notice of such enforcement action in a publication generally circulated in the district where the action is filed, in a newspaper or legal notice generally circulated in the country that requested the United States to forfeit the property or by posting a notice on an official Internet Government forfeiture site for at least 30 consecutive days;CommentsClose CommentsPermalink
`(D) any person claiming an interest in the property may file a response to the application of the United States, except that such response must be filed not later than 30 days after the date of service of the Government's application or, as applicable, not later than 30 days after the date of final publication of notice of the filing of the application. Such response shall--CommentsClose CommentsPermalink
`(i) identify the specific property being claimed;CommentsClose CommentsPermalink
`(ii) state the respondent's interest in such property;CommentsClose CommentsPermalink
`(iii) set forth with specificity the basis upon which the foreign judgment should not be enforced in accordance with paragraph (d); andCommentsClose CommentsPermalink
`(iv) be made under oath, subject to penalty of perjury;CommentsClose CommentsPermalink
`(E) the Court, sua sponte, or upon motion of the United States shall strike any response or any portion of a response lodged pursuant to subparagraph (D) that does not raise a claim upon which the enforcement of the foreign judgment could be denied under paragraph (d); andCommentsClose CommentsPermalink
`(F) foreign forfeiture or confiscation judgments certified for enforcement pursuant to subsection (b)(2) shall be presumptively valid and the burden to establish the invalidity of any such foreign judgment shall be upon the respondent by clear and convincing evidence.CommentsClose CommentsPermalink
`(d) Entry and Enforcement of Judgment-CommentsClose CommentsPermalink
`(1) IN GENERAL- The district court shall enter such orders as may be necessary to enforce the foreign forfeiture or confiscation judgment unless the court finds that--CommentsClose CommentsPermalink
`(A) the judgment was rendered under a system that provides tribunals or procedures incompatible with the requirements of due process of law;CommentsClose CommentsPermalink
`(B) the foreign court lacked personal jurisdiction over the defendant;CommentsClose CommentsPermalink
`(C) the foreign court lacked jurisdiction over the subject matter;CommentsClose CommentsPermalink
`(D) the foreign nation did not take steps, in accordance with the principles of due process, to give notice of the proceedings to a person with an interest in the property of the proceedings in sufficient time to enable him or her to defend; orCommentsClose CommentsPermalink
`(E) the judgment was obtained by fraud.CommentsClose CommentsPermalink
`(2) PROCESS-CommentsClose CommentsPermalink
`(A) Foreign forfeiture or confiscation orders enforced pursuant to subsection (d)(1) shall have full force and effect as if they were entered in a United States forfeiture proceeding. Upon entry of an order of enforcement pursuant to subsection (d)(1), any interest in property forfeited pursuant to this section shall vest in the United States as of the time of the commission of the offense that gave rise to the foreign order of forfeiture or confiscation.CommentsClose CommentsPermalink
`(B) In the event that a response is not properly filed within the period set forth in subsection (c)(2)(D), the Court, upon motion of the United States, may enter a default order to enforce the foreign judgment.CommentsClose CommentsPermalink
`(C) The disposition of any assets forfeited to the United States through the enforcement of a foreign forfeiture or confiscation judgment under this section shall be made in the same manner as is authorized for the disposition of assets forfeited to the United States pursuant to sections 981(e) and 981(i) of title 18.CommentsClose CommentsPermalink
`(D) The custodian of property subject to an order issued or obtained pursuant to subsection (d)(1) or (3) of this section, will be such officers, agents, or other persons as authorized or designated for that purpose under the relevant provisions of section 981(d) of title 18.CommentsClose CommentsPermalink
`(3) PRESERVATION OF PROPERTY-CommentsClose CommentsPermalink
`(A) IN GENERAL- To preserve the availability of property subject to forfeiture or confiscation under foreign law, the Government may apply for, and the court may issue, a protective order utilizing the procedures of sections 981(b)(4) or 983(j) of title 18, at any time before or after an application is filed pursuant to subsection (c)(1) of this section regardless whether the foreign forfeiture proceedings instituted or contemplated are civil or criminal in nature.CommentsClose CommentsPermalink
`(B) EVIDENCE- The court, in issuing a protective order under subparagraph (A)--CommentsClose CommentsPermalink
`(i) may rely on information set forth in an affidavit describing the nature of the proceeding or investigation underway in the foreign nation, and setting forth a reasonable basis to believe that the property to be restrained, seized, or otherwise preserved will be named in a judgment of forfeiture at the conclusion of such proceeding; orCommentsClose CommentsPermalink
`(ii) may register and enforce an order restraining, seizing or otherwise preserving property subject to forfeiture that has been issued by a competent legal authority in the foreign nation.CommentsClose CommentsPermalink
`(C) LIMIT ON GROUNDS FOR OBJECTION- No person may object to a protective order under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a foreign court.CommentsClose CommentsPermalink
`(e) Finality of Foreign Findings- In entering orders to enforce the judgment, the court shall be bound by the findings of fact to the extent that they are stated in the foreign forfeiture or confiscation judgment.CommentsClose CommentsPermalink
`(f) Currency Conversion- The rate of exchange in effect at the time the decision to enforce the judgment is entered shall be used in calculating the amount stated in any forfeiture or confiscation judgment requiring the payment of a sum of money submitted for registration.CommentsClose CommentsPermalink
`(g) No person shall have any right of action at law or equity against the United States, its officers, employees, or any other person acting on behalf of, or at the direction of the United States, that arises from any action taken pursuant to this section, or the return or release of property restrained, seized, or forfeited pursuant to this section, including, but not limited to, actions for damages, costs, interest, or attorneys fees.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The item relating to section 2467 in the Chapter Analysis for chapter 163 of title 28, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`2467. Enforcement of foreign judgments and protective orders.'.CommentsClose CommentsPermalink
SEC. 362. EXTRATERRITORIAL JURISDICTION.
SEC. 363. SUSPENSION OF THE STATUTE OF LIMITATIONS TO OBTAIN FOREIGN EVIDENCE.
`(e) Civil Forfeitures- In a case in which the United States contemplates filing a civil forfeiture action, the United States may apply to a district court where the action may be filed to suspend the running of the statute of limitations under (
CHAPTER 3--CIVIL FORFEITURE
SEC. 371. COMPUTERS AND OTHER DEVICES USED FOR COUNTERFEITING.
(1) by striking the third and fourth undesignated paragraphs;CommentsClose CommentsPermalink
(2) by designating the remaining paragraphs as subsections (a) and (b); andCommentsClose CommentsPermalink
(3) by adding the following new subsection after subsection (b):CommentsClose CommentsPermalink
`(c) The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.'.CommentsClose CommentsPermalink
SEC. 372. FUNGIBLE PROPERTY IN BANK ACCOUNTS.
(a) In General-
`(b) The provisions of this section may be invoked only if the action for forfeiture was commenced by the seizure or restraint of the property, or by the filing of a complaint, within 2 years of the completion of the offense that is the basis for the forfeiture.'.CommentsClose CommentsPermalink
(b) Definition of Fungible Property- Section 984(a) of title 18 is amended--CommentsClose CommentsPermalink
(1) by inserting `, jewels or stones' after `precious metals'; andCommentsClose CommentsPermalink
(2) by striking `as defined in section 20 of this title' and inserting `as defined in section 5312 of title 31'.CommentsClose CommentsPermalink
SEC. 373. AVAILABILITY OF TAX RECORDS.
(a) In General- Section 6103 of the Internal Revenue Code (
(1) in subparagraph (a)(3), by inserting `paragraph 9 of subsection (i)' after `under subsection (e)(1)(D)(iii)';CommentsClose CommentsPermalink
(2) in subparagraph (i)(1)(A)(i) by inserting `or civil forfeiture statute' after `enforcement of a specifically designated Federal criminal statute';CommentsClose CommentsPermalink
(3) in subparagraph (i)(1)(B)(iii) by inserting `or civil forfeiture investigation or proceeding' after `Federal criminal investigation or proceeding';CommentsClose CommentsPermalink
(4) in subparagraph (i)(4)(A) by replacing `or related civil forfeiture' with `or civil forfeiture statute'; andCommentsClose CommentsPermalink
(5) by adding new paragraph (i)(9), after paragraph (i)(8) as follows:CommentsClose CommentsPermalink
`(9) For the purposes of this subsection and subsection (a), an employee of the Department of Justice includes a Government contractor who is personally and directly engaged in the activities described in this subsection under the direction of the Department of Justice.'.CommentsClose CommentsPermalink
(b) Conforming Amendments- (1) Section 7213 of the Internal Revenue Code (
(2) Section 7213A of the Internal Revenue Code (
SEC. 374. CIVIL ORDER TO REPATRIATE ASSETS.
Section 983(j) of title 18 United States Code is amended by adding after paragraph (4) the following--CommentsClose CommentsPermalink
`(5) ORDER TO REPATRIATE AND DEPOSIT-CommentsClose CommentsPermalink
`(A) IN GENERAL- Pursuant to its authority to enter a pretrial restraining order under this section, the court may order any person to repatriate any property that may be seized and forfeited, and to deposit that property pending trial in the registry of the court, or with the United States Marshals Service or other Government custodian, in an interest-bearing account, if appropriate.CommentsClose CommentsPermalink
`(B) FAILURE TO COMPLY- Failure to comply with order under this subsection shall be punishable as a civil or criminal contempt of court, and may also result in an enhancement of the sentence of a criminal defendant subject to such an order under the obstruction of justice provision of the Federal Sentencing Guidelines.'.CommentsClose CommentsPermalink
SEC. 375. CLARIFICATION OF 18 U.S.C. 3322 .
(a)
(b) Subsection 3322(d)(1)(A) is amended--CommentsClose CommentsPermalink
(1) by deleting `or'; andCommentsClose CommentsPermalink
(2) by inserting after `1957': `, or 1960'.CommentsClose CommentsPermalink
SEC. 376. INAPPLICABILITY OF LIABILITY FOR ATTORNEYS FEES IN INTERNATIONAL MONEY LAUNDERING CASES.
`(c) The United States is not liable for attorneys fees or other litigation costs pursuant to subsection (b)(1) if--CommentsClose CommentsPermalink
`(1) the forfeiture action involved the movement of funds across an international border or into or out of an account at a foreign financial institution and the Government established the forfeitability of the property pursuant to the applicable statute by a preponderance of the evidence; orCommentsClose CommentsPermalink
`(2) the Government restrained or seized property, or filed a forfeiture action, pursuant to section 981(b)(4) of title 18, or section 2467 of this title, in accordance with a request from a foreign Government or international authority.'.CommentsClose CommentsPermalink
SEC. 377. VENUE FOR PRISONER CHALLENGES TO SEIZURE OF CRIME PROCEEDS.
(a) In General-
(1) in paragraph (3), by adding at the end the following: `If the person filing the motion was a defendant in a criminal prosecution related to the seizure of the property, the motion must be filed in the district where such prosecution took place, or in the district where the property was seized.'; andCommentsClose CommentsPermalink
(2) by adding the following new paragraph at the end:CommentsClose CommentsPermalink
`(6) Any person entitled to written notice in a judicial forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside the judgment of forfeiture with respect to that person's interest in the property in accordance with the procedures for setting aside a nonjudicial forfeiture, as set forth in paragraphs (1) through (5).'.CommentsClose CommentsPermalink
(b) Effective Date- The provisions of section 983(e), United States Code, as amended by
SEC. 378. AFFORDING PROPERTY OWNERS A HEARING ON THE SEIZURE OF REAL PROPERTY.
SEC. 379. JURISDICTION OF MAGISTRATES.
(1) in paragraph (4), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(6) all powers and duties conferred or imposed upon the courts by sections 981-86 of title 18, United States Code, in connection with forfeiture proceedings, but not including the conduct of the trial.'.CommentsClose CommentsPermalink
SEC. 380. MINOR AMENDMENTS TO THE CIVIL ASSET FORFEITURE REFORM ACT OF 2000.
(a) Criminal Information- Sections 983(a)(3)(B)(ii) and 983(a)(3)(C) of title 18, United States Code, are amended by striking `criminal indictment' each time it appears and inserting `criminal indictment or information'.CommentsClose CommentsPermalink
(b) Section 981-
`(l) The procedural provisions of this section shall apply to any civil forfeiture statute, as that term is defined in section 983(i), except where inconsistent with a provision relating to civil forfeiture procedure that is part of such statute.'.CommentsClose CommentsPermalink
(c) Incarcerated Persons-
(d) Turnover Orders-
(e) Clarification of Deadline for Contesting Nonjudicial Forfeiture-
(f) Endangered Species and Other Contraband-
(1) inserting `(A)' before `Notwithstanding'; andCommentsClose CommentsPermalink
(2) inserting at the end the following:CommentsClose CommentsPermalink
`(B) The term `property that it is illegal to possess' as used in (A) includes, but is not limited to--CommentsClose CommentsPermalink
`(i) animals or animal products that are illegal for the claimant to possess under any law enacted to conserve or protect endangered species or other wildlife or natural resources;CommentsClose CommentsPermalink
`(ii) historic or cultural artifacts, works of art, archaeological or paleontological resources, human remains, fossils and other things that are illegal for the claimant to possess under any law enacted to preserve, protect, recover, or restore historic or cultural resources; andCommentsClose CommentsPermalink
`(iii) any firearm, ammunition, explosive, or chemical agent used to commit a crime of violence.'.CommentsClose CommentsPermalink
(g) Tolling Time for Filing Complaint-
`(E) If a person claiming an interest in the seized property files a claim pursuant to paragraph (2), but there is a bona fide dispute as to whether the claim was timely filed or was in the proper form, the time for resolving such dispute shall not be counted within the time for filing a complaint under this paragraph.'.CommentsClose CommentsPermalink
(h) Statute of Limitations-
(i) Temporary Restraints in International Cases-
(j) Disposition of Forfeited Property-
(1) by revising the introductory language preceding paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(e) Notwithstanding any other provision of the law, except section 3 of the Anti-Drug Abuse Act of 1986 (
(2) by adding at the end the following: `Notwithstanding any other provision of law, the United States is authorized to retain property forfeited in accordance with this section that may be used as evidence in a criminal proceeding throughout the pendency of such proceeding.'.CommentsClose CommentsPermalink
SEC. 381. PROPERTY DETAINED AT THE BORDER.
(1) in subparagraph (A), by adding after clause (v) the following:CommentsClose CommentsPermalink
`(vi) In cases where property is detained at an international border or port of entry for the purpose of examination, testing, inspection, obtaining documentation, or other investigation relating to the importation of the property into, or the exportation of the property out of, the United States, such period of detention shall not be included in the 60-day period described in clause (i). In such cases, the 60-day period shall begin to run when the period of detention is concluded.'; andCommentsClose CommentsPermalink
(2) in subparagraph (D)--CommentsClose CommentsPermalink
(A) by striking `or' at the end of clause (iv);CommentsClose CommentsPermalink
(B) by redesignating clause (v) as clause (vi); andCommentsClose CommentsPermalink
(C) by inserting the following after clause (iv):CommentsClose CommentsPermalink
`(v) initiation of a forfeiture proceeding before the seizing agency has received the results of a scientific test or laboratory analysis of the seized property that is material to the determination whether the property is subject to forfeiture; or'.CommentsClose CommentsPermalink
SEC. 382. OBSTRUCTION OF JUSTICE.
`(b) Impairment of Jurisdiction Over Property- Whoever--CommentsClose CommentsPermalink
`(1) knowing that a United States court has exercised, or is about to exercise, jurisdiction over property for purposes of forfeiture under Federal law; orCommentsClose CommentsPermalink
`(2) knowing that property has been alleged to be forfeitable in any civil or criminal proceeding pending in any United States court,CommentsClose CommentsPermalink
destroys, damages, wastes, disposes of, transfers, or takes any other action with respect to such property for the purpose of impairing, frustrating, or defeating the court's jurisdiction over the property, without authority from that court, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 5 years, or both.'.CommentsClose CommentsPermalink
SEC. 383. SOURCE OF PAYMENT FOR ATTORNEY'S FEES.
`(d)(1) Any amounts for which the United States is found to be liable pursuant to subsection (b) shall be paid from the Judgment Fund (
`(2) The amount of any attorney fees and other litigation costs for which the United States is found to be liable pursuant to subsection (b) shall be calculated in accordance with the provision for calculating such amounts under the Equal Access to Justice Act (
SEC. 384. EXCESSIVE FINES CHALLENGES.
(1) in paragraph (1), by striking `The claimant under subsection (a)(4)' and inserting `An owner who files a claim under subsection (a)(4)'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by striking `claimant' and inserting `owner'.CommentsClose CommentsPermalink
SEC. 385. PAYMENT IN LIEU OF FORFEITURE.
`(l) Payment in Lieu of Forfeiture- If a financial institution or other person pays a sum of money to the United States--CommentsClose CommentsPermalink
`(1) in lieu of the commencement of forfeiture proceedings; orCommentsClose CommentsPermalink
`(2) in settlement of such forfeiture proceedings if commenced,CommentsClose CommentsPermalink
such sum of money shall be treated as forfeited funds and disposed of according to subsection (e).'.CommentsClose CommentsPermalink
SEC. 386. STATUTORY STANDING.
SEC. 387. UPDATING THE CROSS REFERENCE TO FORFEITURE PROCEDURES.
SEC. 388. PROTECTING THE RIGHTS OF VICTIMS.
`(7)(A) In determining whether a claimant is an owner under paragraph (6), the court may not recognize or impose a constructive trust or other equitable remedy if doing so would--CommentsClose CommentsPermalink
`(i) disadvantage other persons who are similarly situated, including other victims of the same offense who did not file claims in the forfeiture proceeding or who cannot trace their property to the property subject to forfeiture; orCommentsClose CommentsPermalink
`(ii) would otherwise interfere with the ability of the Attorney General, the Secretary of Homeland Security, the Secretary of the Treasury, or the Postmaster General of the United States Postal Service to distribute the property subject to forfeiture on an equitable basis to the victims of an offense pursuant to sections 981(d) or 981(e)(6), or any other provision of law.CommentsClose CommentsPermalink
`(B) For the purposes of this paragraph, the court may consider a person to be the beneficiary of a constructive trust only if--CommentsClose CommentsPermalink
`(i) the person transferred property to a third party, and that property is traceable to the property that is subject to forfeiture;CommentsClose CommentsPermalink
`(ii) the person was induced to transfer the property to the third party by fraud or false pretenses;CommentsClose CommentsPermalink
`(iii) the person who transferred the property has `clean hands' as that term is applied by a court of equity;CommentsClose CommentsPermalink
`(iv) the person had a confidential or fiduciary relationship with the person to whom property was transferred; andCommentsClose CommentsPermalink
`(v) the person who transferred the property lacks an adequate remedy at law, including the right to seek remission or restoration of the property pursuant to regulations issued by the Attorney General.'.CommentsClose CommentsPermalink
SEC. 389. OTHER MINOR AND TECHNICAL AMENDMENTS.
(a) Destruction of Property of Little or No Value-CommentsClose CommentsPermalink
(1) Section 413(h) of the Controlled Substances Act (
(2)
(b) Administrative Forfeiture of Funds-
(1) striking `or' at the end of paragraph (3);CommentsClose CommentsPermalink
(2) inserting `or' after the semicolon at the end of paragraph (4); andCommentsClose CommentsPermalink
(3) inserting after paragraph (4) the following:CommentsClose CommentsPermalink
`(5) such seized merchandise comprises funds held in an account at a financial institution (as defined in section 5312(a)(2) of title 31); orCommentsClose CommentsPermalink
`(6) such seized merchandise comprises funds stored on a stored value card or other portable storage device or funds held in an account at a financial institution (as defined in section 5312(a)(2) of title 31) where such funds may be accessed by a stored value card or other portable storage device;'.CommentsClose CommentsPermalink
(c) Explosives-
(d) Conforming Section 924(d) to CAFRA-
(1) in subsection (d)(1) by striking `, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter';CommentsClose CommentsPermalink
(2) in subsection (d)(1) by striking `Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.'; andCommentsClose CommentsPermalink
(3) by striking subsection (d)(2) and redesignating subsection (d)(3) as subsection (d)(2).CommentsClose CommentsPermalink
(e) Internal Revenue Service- Section 5872 of the Internal Revenue Code of 1986, is amended in subsection (a) by striking `, and (except as provided in subsection (b)) all the provisions of the internal revenue laws relating to searches, seizures, and forfeitures of unstamped articles are extended to and made to apply to the articles taxed under this chapter, and the persons to whom this chapter applies.'CommentsClose CommentsPermalink
(f) Conforming Amendments to Rule G-CommentsClose CommentsPermalink
(1)
(2)
`(C) sending notice to the property owner, along with a copy of the complaint, in the manner described in rule G(4)(b) of the Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims.'.CommentsClose CommentsPermalink
(3) Chapter 46 of title 18, United States Code, is amended by striking `Supplemental Rules for Certain Admiralty and Maritime Claims' and inserting `Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims' each time it appears.CommentsClose CommentsPermalink
SEC. 390. FRIVOLOUS CLAIMS BY PRISONERS.
(a) In General-
(b) Section 983(h)-
`(3) In addition to the limitations of
`(A) file a claim under a civil forfeiture statute;CommentsClose CommentsPermalink
`(B) appeal a judgment in a civil action or proceeding based on a civil forfeiture statute;CommentsClose CommentsPermalink
`(C) move for return of administratively, civilly, or criminally forfeited property;CommentsClose CommentsPermalink
`(D) otherwise collaterally attack a forfeiture declaration, order, or judgment; orCommentsClose CommentsPermalink
`(E) appeal from the denial of any such motion or collateral attack,CommentsClose CommentsPermalink
if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous or malicious, unless the prisoner shows extraordinary and exceptional circumstances.'.CommentsClose CommentsPermalink
TITLE IV--DRUG TRAFFICKING ENFORCEMENT
Subtitle A--Regulation of Analogue Substances
SEC. 401. SHORT TITLE.
This title may be cited as the `Controlled Substances Analogue Reform Act'.CommentsClose CommentsPermalink
SEC. 402. IDENTIFICATION OF ANALOGUES.
(a) Definition of Controlled Substance Analogue- Section 102(32) of the Controlled Substances Act (
`(A)(i) Except as provided in subparagraph (C), the term `controlled substance analogue' means a substance that meets 1 or more of the following criteria:CommentsClose CommentsPermalink
`(I) The chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II and either one of the following:CommentsClose CommentsPermalink
`(aa) The substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.CommentsClose CommentsPermalink
`(bb) With respect to a particular transaction or proposed transaction, a person represents or intends that the substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.CommentsClose CommentsPermalink
`(II) The substance is listed in section 203(b).CommentsClose CommentsPermalink
`(III) The substance has been designated by the Attorney General, by rule, in accordance with section 553 of title 5, as meeting at least 1 of the following criteria:CommentsClose CommentsPermalink
`(aa) The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance in schedule I or II.CommentsClose CommentsPermalink
`(bb) The substance meets the definition of a phenethylamine or a tryptamine under (paragraph (3) or (4) of section 203(b)).CommentsClose CommentsPermalink
`(ii) No inference is intended or may be drawn by the failure of the Attorney General to designate a substance as an analogue under this subsection. The Attorney General is authorized to remove any substance from the list of analogues pursuant to his rulemaking authority.'.CommentsClose CommentsPermalink
(b) Congressional Designation of Substances as Analogues- Section 203 of the Controlled Substances Act (
(1) by inserting `(a)' before the text in section 813; andCommentsClose CommentsPermalink
(2) by inserting at the end the following:CommentsClose CommentsPermalink
`(b) The following substances shall be deemed controlled substance analogues as that term is used in
`(1) Gamma butyrolactone (GBL).CommentsClose CommentsPermalink
`(2) 1,4-butanediol.CommentsClose CommentsPermalink
`(3) Phenethylamines, meaning any phenethylamine that meets 1 or more of the following conditions:CommentsClose CommentsPermalink
`(A) Any compound structurally derived from phenethylamine.CommentsClose CommentsPermalink
`(B) Any compound structurally derived from any N-alkylphenethylamine, any alpha-alkylphenethylamine, or any N-alkyl-alpha-alkylphenethylamine, by substitution on the ring to any extent with alkyl, cycloalkyl, cycloalkenyl, alkoxy, alkylthio, alkylhalide, alkylenedioxy, acyloxy, or halide substituents, whether or not further substituted on the ring by 1 or more other univalent substituents.CommentsClose CommentsPermalink
`(4) Tryptamines, meaning any tryptamine that meets 1 or more of the following conditions:CommentsClose CommentsPermalink
`(A) Has a secondary or tertiary amine formed by the substitution on the nitrogen atom of the 2-aminoethyl chain by various alkyl groups, whether in chain, or ring form (for example, N-alkyltryptamine, N,N-dialkyltrypt-amine, N,N-tetramethylenetryptamine).CommentsClose CommentsPermalink
`(B) Has an alkyl substitution on the alpha position of the 2-aminoethyl chain (alpha-methyltryptamine or alpha-ethyltryptamine).CommentsClose CommentsPermalink
`(C) Has substituents on the indole ring system, including, but not restricted to, various alkyl chains, halogens, hydroxyl, alkoxy, acetyl, or alkylthio groups, at 1 or more positions except the 1 (indole nitrogen) position.'.CommentsClose CommentsPermalink
(c) Severability- If a provision of this section is held invalid, all valid provisions that are severable shall remain in effect. If a provision is held invalid in 1 or more of its applications, the provision shall remain in effect in all its valid applications that are severable.CommentsClose CommentsPermalink
Subtitle B--Clarification of Venue for Certain Drug Trafficking Offenses
SEC. 411. CLARIFICATION OF VENUE FOR CERTAIN DRUG TRAFFICKING OFFENSES.
Section 1009 of the Controlled Substances Import and Export Act (
`POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CONTROLLED SUBSTANCE
`Sec. 1009. (a) It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical--CommentsClose CommentsPermalink
`(1) intending that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; orCommentsClose CommentsPermalink
`(2) knowing that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.CommentsClose CommentsPermalink
`(b) Possession, Manufacture, or Distribution by Person on Board Aircraft- It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to--CommentsClose CommentsPermalink
`(1) manufacture or distribute a controlled substance or listed chemical; orCommentsClose CommentsPermalink
`(2) possess a controlled substance or listed chemical with intent to distribute.CommentsClose CommentsPermalink
`(c) Attempt or Conspiracy To Commit Offense- Any person who attempts or conspires to commit any offense defined in this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.CommentsClose CommentsPermalink
`(d) Acts Committed Outside Territorial Jurisdiction of United States- This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States, including acts in furtherance of a conspiracy or attempt. This section shall apply even if some acts related to the conspiracy or attempt were committed within the United States.CommentsClose CommentsPermalink
`(e) Venue- Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia. A prosecution for an attempt or conspiracy offense under this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.'.CommentsClose CommentsPermalink
TITLE V--CRIMINAL RESTITUTION IMPROVEMENT
SEC. 501. MANDATORY RESTITUTION FOR FEDERAL OFFENSES.
Title 18, United States Code, is amended by striking section 3663 and all that follows through section 3664 and inserting the following:CommentsClose CommentsPermalink
`Sec. 3663. Mandatory restitution
`(a) Restitution Required- The court shall order a convicted defendant to make restitution for all pecuniary loss to identifiable victims, including pecuniary loss resulting from physical injury to, or the death of, another, proximately resulting from the offense.CommentsClose CommentsPermalink
`(b) To Whom Made-CommentsClose CommentsPermalink
`(1) GENERALLY- The court shall order restitution be made to each victim of the offense.CommentsClose CommentsPermalink
`(2) DEFINITION OF VICTIM- As used in this section and section 3664, the term `victim' means--CommentsClose CommentsPermalink
`(A) each identifiable person or entity suffering the pecuniary loss (and any successor to that person or entity); andCommentsClose CommentsPermalink
`(B) others, as agreed to in a plea agreement or otherwise provided by law.CommentsClose CommentsPermalink
`(c) Extent of Restitution- Restitution shall compensate the victim for all of the victim's pecuniary loss, including--CommentsClose CommentsPermalink
`(1) an amount equal to the greater of the value of the property on the date of the damage, loss, or destruction or the value of the property on the date of sentencing;CommentsClose CommentsPermalink
`(2) an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;CommentsClose CommentsPermalink
`(3) an amount equal to the cost of necessary physical and occupational therapy and rehabilitation;CommentsClose CommentsPermalink
`(4) income lost by such victim as a result of such offense;CommentsClose CommentsPermalink
`(5) lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense, including attorneys' fees necessarily and reasonably incurred for representation of the victim except for payment of salaries of government lawyers; andCommentsClose CommentsPermalink
`(6) in the case of an offense resulting in the death of the victim, an amount equal to the cost of necessary funeral and related services.CommentsClose CommentsPermalink
`(d) Special Rule for Misdemeanors- In the case of a misdemeanor, an order of restitution may be in lieu of any other penalty.CommentsClose CommentsPermalink
`(e) Alternative Arrangements in Light of Practical Problems- The court shall provide as complete a restitution to as many victims as possible, though not the full restitution to all victims otherwise required by this section, to the extent the court finds on the record that--CommentsClose CommentsPermalink
`(1) the number of identifiable victims is so large as to make restitution impracticable; orCommentsClose CommentsPermalink
`(2) determining complex issues of fact related to the cause or amount of a victim's losses would complicate or prolong the sentencing process to such a degree that the need to provide restitution to that victim is outweighed by the burden on the sentencing process.CommentsClose CommentsPermalink
`Sec. 3664. Procedure for issuance and enforcement of order of restitution
`(a) Report by Probation Officer-CommentsClose CommentsPermalink
`(1) DUTY TO MAKE- The probation officer shall obtain and include in the presentence report, or in a separate report, as the court may direct, information sufficient for the court to fashion a restitution order.CommentsClose CommentsPermalink
`(2) CONTENTS- The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement impracticable, the probation officer shall so inform the court and make the best efforts possible to estimate the loss and identify the victims.CommentsClose CommentsPermalink
`(b) Disclosure to Parties- The court shall disclose to the defendant, the attorney for the Government, and, upon request, potential recipients of restitution, all portions of the presentence or other report pertaining to the matters described in subsection (a).CommentsClose CommentsPermalink
`(c) Information From Attorney for the Government- The attorney for the Government shall provide to the probation officer any information the Attorney for the Government has relevant to the matters required to be reported under subsection (a).CommentsClose CommentsPermalink
`(d) Notice to Victims- The probation officer shall, before submitting the presentence report under subsection (a), to the extent practicable--CommentsClose CommentsPermalink
`(1) provide notice to all identified victims of--CommentsClose CommentsPermalink
`(A) the offense or offenses of which the defendant was convicted;CommentsClose CommentsPermalink
`(B) the amounts subject to restitution submitted to the probation officer;CommentsClose CommentsPermalink
`(C) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses;CommentsClose CommentsPermalink
`(D) the scheduled date, time, and place of the sentencing hearing;CommentsClose CommentsPermalink
`(E) the availability of a lien in favor of the victim; andCommentsClose CommentsPermalink
`(F) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution; andCommentsClose CommentsPermalink
`(2) provide the victim with an affidavit form to submit pursuant to paragraph (1)(F).CommentsClose CommentsPermalink
`(e) Defendant's Affidavit as to Finances- Each defendant shall prepare and file with the probation officer an affidavit fully describing the financial resources of the defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant was arrested, the financial needs and earning ability of the defendant and the defendant's dependents, and such other information that the court requires relating to such other factors as the court deems appropriate.CommentsClose CommentsPermalink
`(f) Additional Documentation or Testimony- After reviewing the report of the probation officer, the court may require additional documentation or hear testimony. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera.CommentsClose CommentsPermalink
`(g) Date for Final Determination- If a victim's losses are not ascertainable by the date that is 10 days before sentencing, the attorney for the Government or the probation officer shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitution.CommentsClose CommentsPermalink
`(h) Referral to Magistrate or Special Master- The court may refer any issue arising in connection with a proposed order of restitution to a magistrate judge or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.CommentsClose CommentsPermalink
`(i) Burdens of Proof- Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim of restitution as a result of the offense shall be on the attorney for the Government. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant's dependents, shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires.CommentsClose CommentsPermalink
`(j) Order of Payment-CommentsClose CommentsPermalink
`(1) Upon determination of the amount of restitution owed to each victim, the court shall order that the full amount of restitution is due and payable immediately.CommentsClose CommentsPermalink
`(2) The court shall specify in the restitution order the manner in which the restitution is to be paid. The court may provide for payment in installments according to a schedule. The length of time over which scheduled payments are established shall be the shortest time in which full payment reasonably can be made and based on--CommentsClose CommentsPermalink
`(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled;CommentsClose CommentsPermalink
`(B) projected earnings and other income of the defendant; andCommentsClose CommentsPermalink
`(C) any financial obligations of the defendant; including obligations to dependents.CommentsClose CommentsPermalink
`(3) The court may direct the defendant to take any action, including the repatriation of assets or the surrender of the interest of the defendant in any asset, in order to pay restitution in accordance with this section.CommentsClose CommentsPermalink
`(4) The Attorney General may collect and apply unreported or otherwise newly available assets to the payment of restitution, without regard to any installment payment provisions.CommentsClose CommentsPermalink
`(k) Order as Final Judgment- A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that--CommentsClose CommentsPermalink
`(1) such a sentence can subsequently be--CommentsClose CommentsPermalink
`(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title;CommentsClose CommentsPermalink
`(B) appealed and modified under section 3742;CommentsClose CommentsPermalink
`(C) amended under subsection (g); orCommentsClose CommentsPermalink
`(D) adjusted under section 3664(q), 3572, or 3613A; orCommentsClose CommentsPermalink
`(2) the defendant may be resentenced under section 3565 or 3614.CommentsClose CommentsPermalink
`(l) Joint and Several Responsibility- If the offense involves more than one defendant, the court may order each defendant jointly and severally liable for any or all of the restitution.CommentsClose CommentsPermalink
`(m) Supervised Release- A court shall not terminate a term of supervised release under section 3583(e) before the order to pay restitution has been completely satisfied. A court shall extend a term of supervised release beyond that otherwise imposed under other provisions of law, until the defendant has paid the restitution in full or the court determines the economic circumstances of the defendant do not allow the payment of any further restitution. Such determination is only for the purposes of this subsection and does not affect the obligation to pay restitution or the ability of any entity to enforce restitution under any other provision of law. If the supervised release is extended under this subsection, the court shall order that the sole condition of supervised release shall be payment of restitution.CommentsClose CommentsPermalink
`(n) Effect of Insurance and Other Compensation-CommentsClose CommentsPermalink
`(1) INSURANCE- In no case shall the fact that a victim receives or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution. If a victim receives compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all victims be paid before such a provider of compensation.CommentsClose CommentsPermalink
`(2) OTHER COMPENSATION- Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in--CommentsClose CommentsPermalink
`(A) any Federal civil proceeding; andCommentsClose CommentsPermalink
`(B) any State civil proceeding, to the extent provided by the law of the State.CommentsClose CommentsPermalink
`(o) Details of Payments-CommentsClose CommentsPermalink
`(1) MINIMUM PAYMENT REQUIRED- A restitution order may direct the defendant to make nominal periodic payments if the court finds on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order, and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments.CommentsClose CommentsPermalink
`(2) IN-KIND PAYMENTS- An in-kind payment may be in the form of return of property, replacement of property, or if the victim agrees, services rendered to the victim or a person or organization other than the victim.CommentsClose CommentsPermalink
`(p) Different Payment Schedules for Multiple Victims- If the court finds that more than 1 victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim, based on their individual losses and economic circumstances. In any case in which the United States is a victim, the court shall ensure that all other victims receive full restitution before the United States receives any restitution.CommentsClose CommentsPermalink
`(q) Material Change in Defendant's Ability To Pay- The defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victims have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.CommentsClose CommentsPermalink
`(r) Name and Address Changes- It is the responsibility of the victim to provide any change in name or mailing address to the court while restitution is still owed. Not later than 30 days after any change in name or mailing or residence address, a person owing restitution shall promptly report the change to the court. The confidentiality of any information relating to a victim shall be maintained.CommentsClose CommentsPermalink
`(s) Enforcement-CommentsClose CommentsPermalink
`(1) GENERALLY- An order of restitution may be enforced by the United States in the manner provided for in subchapter C of chapter 227 and subchapter B of chapter 229 of this title, or by all other available and necessary means.CommentsClose CommentsPermalink
`(2) ABSTRACT OF JUDGMENT- At the request of a victim named in a restitution order, the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the State where the district court is located, the abstract of judgment shall be a lien on the property of the defendant located in such State in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that State.CommentsClose CommentsPermalink
`(3) SPECIAL RULE FOR IN-KIND ORDERS- An order of in-kind restitution in the form of services shall be enforced by the probation officer.CommentsClose CommentsPermalink
`(t) Effect of Additional Resources- If a person obligated to provide restitution, or pay a fine, receives additional resources from any source, including inheritance, settlement, or other judgment, such person shall be required to apply the value of such resources to any restitution or fine still owed.CommentsClose CommentsPermalink
`(u) Rights of Victims-CommentsClose CommentsPermalink
`(1) NOT REQUIRED TO PARTICIPATE- No victim shall be required to participate in any phase of a restitution order.CommentsClose CommentsPermalink
`(2) ASSIGNMENT TO FUND- A victim may at any time assign an interest in restitution payments to the Crime Victims Fund in the Treasury without in any way impairing the obligation of the defendant to make such payments.CommentsClose CommentsPermalink
`(v) No Cause of Action Created Against the United States or Its Officers or Employees- Nothing in this section or section or 3663 shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.CommentsClose CommentsPermalink
`(w) Collateral Estoppel- A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim.'.CommentsClose CommentsPermalink
SEC. 502. TABLE OF SECTIONS AMENDMENT.
The table of sections at the beginning of chapter 232 of title 18, United States Code, is amended by striking the item relating to sections 3663 and all that follows the item relating to section 3664 and inserting the following:CommentsClose CommentsPermalink
`3663. Mandatory restitution.CommentsClose CommentsPermalink
`3664. Procedure for issuance and enforcement of order of restitution.'.CommentsClose CommentsPermalink
SEC. 503. EFFECT OF RESTITUTION ORDER ON SENTENCE OF PROBATION.
`(f) Relation to Restitution Order- The court shall not terminate a term of probation under section 3564(c) if the defendant has an unsatisfied order of restitution. The court shall extend probation for such a defendant beyond any term otherwise provided by law until the order is satisfied or the court determines the economic circumstances of the defendant do not allow the payment of any further restitution. Such determination is only for the purposes of this subsection and does not affect the obligation to pay restitution or the ability of any entity to enforce restitution under any other provision of law. The sole condition of such extended probation shall be the satisfaction of that order.'.CommentsClose CommentsPermalink
SEC. 504. CONFORMING AMENDMENTS AND REPEALS.
(a) Elimination of Specialized Mandatory Restitution Provisions-CommentsClose CommentsPermalink
(1) IN TITLE 18- Title 18, United States Code, is amended by striking--CommentsClose CommentsPermalink
(A) section 1593;CommentsClose CommentsPermalink
(B) section 2248;CommentsClose CommentsPermalink
(C) section 2259;CommentsClose CommentsPermalink
(D) section 2264; andCommentsClose CommentsPermalink
(E) section 2327.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS TO TABLES IN TITLE 18- The table of sections for each of the chapters of title 18, United States Code, from which a section is stricken by subsection (a) is amended by striking the item relating to that section.CommentsClose CommentsPermalink
(3) IN THE CONTROLLED SUBSTANCES ACT- The Controlled Substances Act (
(A) in section 413(q), by striking `shall--' and all that follows through `3663A of title 18, United States Code.' and inserting `order the defendant to reimburse the United States, the State or local government concerned, or both the United States and the State or local government concerned for the costs incurred by the United States or the State or local government concerned, as the case may be, for the cleanup associated with the manufacture of amphetamine or methamphetamine by the defendant, or on premises or in property that the defendant owns, resides, or does business in.'; andCommentsClose CommentsPermalink
(B) in section 416, by striking subsection (c).CommentsClose CommentsPermalink
(b) Elimination of Procedural Matters Moved to Restitution Sections-
(1) by striking subparagraphs (F) and (G);CommentsClose CommentsPermalink
(2) by inserting `and' at the end of subparagraph (D); andCommentsClose CommentsPermalink
(3) by striking the semicolon at the end of subparagraph (E) and inserting a period.CommentsClose CommentsPermalink
(c) Cross Reference Corrections-CommentsClose CommentsPermalink
(1)
(2)
SEC. 505. SPECIAL FORFEITURE OF COLLATERAL PROFITS FROM CRIME.
Subsection (a) of
SEC. 506. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.
(a) In General- Chapter 232 of title 18, United States Code, is amended by inserting after section 3664 the following:CommentsClose CommentsPermalink
`Sec. 3664A. Preservation of assets for restitution
`(a) Protective Orders To Preserve Assets-CommentsClose CommentsPermalink
`(1) IN GENERAL- Upon the Government's ex parte application and a finding of probable cause that a defendant, if convicted, will be ordered to pay an approximate amount of restitution for an offense punishable by imprisonment for more than 1 year, the court--CommentsClose CommentsPermalink
`(A) shall--CommentsClose CommentsPermalink
`(i) enter a restraining order or injunction;CommentsClose CommentsPermalink
`(ii) require the execution of a satisfactory performance bond; orCommentsClose CommentsPermalink
`(iii) take any other action necessary to preserve the availability of any property traceable to the commission of the offense charged; andCommentsClose CommentsPermalink
`(B) if it determines that it is in the interests of justice to do so, shall issue any order necessary to preserve any nonexempt asset (as defined in section 3613) of the defendant that may be used to satisfy such restitution order.CommentsClose CommentsPermalink
`(2) EFFECT OF PROBABLE CAUSE FINDING- Any probable cause finding by the court under paragraph (1) shall not limit the amount of restitution the court may impose at the time of sentencing.CommentsClose CommentsPermalink
`(3) PROCEDURES- Applications and orders issued under paragraph (1) shall be governed by the procedures under section 413(e) of the Controlled Substances Act (
`(4) MONETARY INSTRUMENTS- If the property in question is a monetary instrument (as defined in section 1956(c)(5)) or funds in electronic form, the protective order issued under paragraph (1) may take the form of a warrant authorizing the Government to seize the property and to deposit it into an interest-bearing account in the Registry of the Court in the district in which the warrant was issued, or into another such account maintained by a substitute property custodian, as the court may direct.CommentsClose CommentsPermalink
`(5) POST-INDICTMENT- A post-indictment protective order entered under paragraph (1) shall remain in effect through the conclusion of the criminal case, including sentencing and any post-sentencing proceedings, until seizure or other disposition of the subject property, unless modified by the court upon a motion by the Government or under subsection (b) or (c).CommentsClose CommentsPermalink
`(b) Defendant's Right to a Hearing-CommentsClose CommentsPermalink
`(1) IN GENERAL- In the case of a preindictment protective order entered under subsection (a)(1), the defendant's right to a post-restraint hearing shall be governed by paragraphs (1)(B) and (2) of section 413(e) of the Controlled Substances Act (
`(2) POST-INDICTMENT- In the case of a post-indictment protective order entered under subsection (a)(1), the defendant shall have a right to a post-restraint hearing regarding the continuation or modification of the order if the defendant--CommentsClose CommentsPermalink
`(A) establishes by a preponderance of the evidence that there are no assets, other than the restrained property, available to the defendant to retain counsel in the criminal case or to provide for a reasonable living allowance for the necessary expenses of the defendant and the defendant's lawful dependents; andCommentsClose CommentsPermalink
`(B) makes a prima facie showing that there is bona fide reason to believe that the court's ex parte finding of probable cause under subsection (a)(1) was in error.CommentsClose CommentsPermalink
`(3) HEARING-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the court determines that the defendant has satisfied the requirements of paragraph (2), it may hold a hearing to determine whether there is probable cause to believe that the defendant, if convicted, will be ordered to satisfy an order of restitution for an offense punishable by imprisonment for more than 1 year, and that the seized or restrained property may be needed to satisfy such restitution order.CommentsClose CommentsPermalink
`(B) PROBABLE CAUSE- If the court finds probable cause under subparagraph (A), the protective order shall remain in effect.CommentsClose CommentsPermalink
`(C) NO PROBABLE CAUSE- If the court finds under subparagraph (A) that no probable cause exists as to some or all of the property, or determines that more property has been seized and restrained than may be needed to satisfy a restitution order, it shall modify the protective order to the extent necessary to release the property that should not have been restrained.CommentsClose CommentsPermalink
`(4) REBUTTAL- If the court conducts an evidentiary hearing under paragraph (3), the court shall afford the Government an opportunity to present rebuttal evidence and to cross-examine any witness that the defendant may present.CommentsClose CommentsPermalink
`(5) PRETRIAL HEARING- In any pretrial hearing on a protective order issued under subsection (a)(1), the court may not entertain challenges to the grand jury's finding of probable cause regarding the criminal offense giving rise to a potential restitution order. The court shall ensure that such hearings are not used to obtain disclosure of evidence or the identities of witnesses earlier than required by the Federal Rules of Criminal Procedure or other applicable law.CommentsClose CommentsPermalink
`(c) Third Party's Right to Post-Restraint Hearing-CommentsClose CommentsPermalink
`(1) IN GENERAL- A person other than the defendant who has a legal interest in property affected by a protective order issued under subsection (a)(1) may move to modify the order on the grounds that--CommentsClose CommentsPermalink
`(A) the order causes an immediate and irreparable hardship to the moving party; andCommentsClose CommentsPermalink
`(B) less intrusive means exist to preserve the property for the purpose of restitution.CommentsClose CommentsPermalink
`(2) MODIFICATION- If, after considering any rebuttal evidence offered by the Government, the court determines that the moving party has made the showings required under paragraph (1), the court shall modify the order to mitigate the hardship, to the extent that it is possible to do so while preserving the asset for restitution.CommentsClose CommentsPermalink
`(3) INTERVENTION-CommentsClose CommentsPermalink
`(A) IN GENERAL- Except as provided in subparagraph (B) or paragraph (1), a person other than a defendant has no right to intervene in the criminal case to object to the entry of any order issued under this section or otherwise to object to an order directing a defendant to pay restitution.CommentsClose CommentsPermalink
`(B) EXCEPTION- If, at the conclusion of the criminal case, the court orders the defendant to use particular assets to satisfy an order of restitution (including assets that have been seized or restrained pursuant to this section) the court shall give persons other than the defendant the opportunity to object to the order on the ground that the property belonged in whole or in part to the third party and not to the defendant, as provided in section 413(n) of the Controlled Substances Act (
`(d) Geographic Scope of Order-CommentsClose CommentsPermalink
`(1) IN GENERAL- A district court of the United States shall have jurisdiction to enter an order under this section without regard to the location of the property subject to the order.CommentsClose CommentsPermalink
`(2) OUTSIDE THE UNITED STATES- If the property subject to an order issued under this section is located outside of the United States, the order may be transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement.CommentsClose CommentsPermalink
`(e) No Effect on Other Government Action- Nothing in this section shall be construed to preclude the Government from seeking the seizure, restraint, or forfeiture of assets under the asset forfeiture laws of the United States.CommentsClose CommentsPermalink
`(f) Limitation on Rights Conferred- Nothing in this section shall be construed to create any enforceable right to have the Government seek the seizure or restraint of property for restitution.CommentsClose CommentsPermalink
`(g) Receivers-CommentsClose CommentsPermalink
`(1) IN GENERAL- A court issuing an order under this section may appoint a receiver under section 1956(b)(4) to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, that have been restrained in accordance with this section.CommentsClose CommentsPermalink
`(2) DISTRIBUTION OF PROPERTY- The receiver shall have the power to distribute property in its control to each victim identified in an order of restitution at such time, and in such manner, as the court may authorize.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections at the beginning chapter 232 of title 18, United States Code, is amended by inserting after the item relating to section 3664 the following:CommentsClose CommentsPermalink
`Sec. 3664A. Preservation of assets for restitution.'.CommentsClose CommentsPermalink
SEC. 507. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking `or' at the end; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink
`(D) committing or about to commit a Federal offense that may result in an order of restitution;'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `a banking violation' and all that follows through `healthcare offense' and inserting `a violation or offense identified in paragraph (1)'; andCommentsClose CommentsPermalink
(B) by inserting `or offense' after `traceable to such violation'.CommentsClose CommentsPermalink
SEC. 508. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.
(a) Process-
(b) Prejudgment Remedies-
(1) in subsection (a)(1) by inserting after `the filing of a civil action on a claim for a debt' the following: `or in any criminal action where the court may enter an order of restitution'; andCommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) by inserting after `The Government wants to make sure [name of debtor] will pay if the court determines that this money is owed.' the following:CommentsClose CommentsPermalink
`In a criminal action, use the following opening paragraph: You are hereby notified that this [property] is being taken by the United States Government [the Government], which says that [name of debtor], if convicted, may owe as restitution $ [amount]. The Government says it must take this property at this time because [recite the pertinent ground or grounds from section 3101(b)]. The Government wants to make sure [name of debtor] will pay if the court determines that restitution is owed.';CommentsClose CommentsPermalink
(B) by inserting after `a statement that different property may be so exempted with respect to the State in which the debtor resides.]' the following:CommentsClose CommentsPermalink
`[In a criminal action, the statement summarizing the types of property that may be exempt shall list only those types of property that may be exempt under section 3613 of title 18.]'; andCommentsClose CommentsPermalink
(C) by inserting after `You must also send a copy of your request to the Government at [address], so the Government will know you want the proceeding to be transferred.' the following:CommentsClose CommentsPermalink
`If this Notice is issued in conjunction with a criminal case, the district court where the criminal action is pending may deny your request for a transfer of this proceeding.'.CommentsClose CommentsPermalink
(c) Enforcement-
(1) by inserting after `a statement that different property may be so exempted with respect to the State in which the debtor resides.]' the following:CommentsClose CommentsPermalink
`[In a criminal action, the statement summarizing the types of property that may be exempt shall list only those types of property that may be exempt under section 3613 of title 18.]'; andCommentsClose CommentsPermalink
(2) by inserting after `you want the proceeding to be transferred.' the following:CommentsClose CommentsPermalink
`If this notice is issued in conjunction with a criminal case, the district court where the criminal action is pending may deny your request for a transfer of this proceeding.'.CommentsClose CommentsPermalink
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General for enhancing the enforcement and litigation of criminal debts owed to victims of Federal criminal offenses $20 million for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink
TITLE VI--COUNTERTERRORISM AND NATIONAL SECURITY
SEC. 601. PROVIDING MATERIAL SUPPORT TO FACILITATE, REWARD, OR ENCOURAGE ACTS OF TERRORISM.
(a) In General- Chapter 113B of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 2339E. Providing material support to facilitate, reward, or encourage acts of terrorism
`(a) Prohibition- Whoever, in a circumstance provided in subsection (b) provides, or attempts or conspires or agrees to provide, material support or resources to the perpetrator of an act of international terrorism, to a family member of such perpetrator, or to any other person, with the intent to facilitate, reward, or encourage that act or other acts of international terrorism, shall be fined under this title or imprisoned not more than 15 years, or both, and, if death results, shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink
`(b) Jurisdictional Bases- A circumstance referred to in subsection (a) is--CommentsClose CommentsPermalink
`(1) the offense occurs in or affects interstate or foreign commerce;CommentsClose CommentsPermalink
`(2) the offense involves the use of the mails or a facility of interstate or foreign commerce;CommentsClose CommentsPermalink
`(3) an offender intends to facilitate, reward, or encourage an act of international terrorism that affects interstate or foreign commerce or would have affected interstate or foreign commerce had it been consummated;CommentsClose CommentsPermalink
`(4) an offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States;CommentsClose CommentsPermalink
`(5) an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of the United States Government;CommentsClose CommentsPermalink
`(6) an offender intends to facilitate, reward, or encourage an act of international terrorism that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government;CommentsClose CommentsPermalink
`(7) an offender intends to facilitate, reward, or encourage an act of international terrorism that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States;CommentsClose CommentsPermalink
`(8) the offense occurs in whole or in part within the United States, and an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of a foreign government; orCommentsClose CommentsPermalink
`(9) the offense occurs in whole or in part outside of the United States, and an offender is a national of the United States, a stateless person whose habitual residence is in the United States, or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions).CommentsClose CommentsPermalink
`(c) Definitions- For purposes of this section:CommentsClose CommentsPermalink
`(1) the term `material support or resources' has the same meaning as in section 2339A(b) of this title;CommentsClose CommentsPermalink
`(2) the term `the perpetrator of an act' includes--CommentsClose CommentsPermalink
`(A) any person who commits the act;CommentsClose CommentsPermalink
`(B) any person who aids, abets, counsels, commands, induces, or procures its commission; andCommentsClose CommentsPermalink
`(C) any person who attempts, plans, or conspires to commit the act;CommentsClose CommentsPermalink
`(3) the term `international terrorism' has the same meaning as in section 2331 of this title;CommentsClose CommentsPermalink
`(4) the term `facility of interstate or foreign commerce' has the same meaning as in section 1958(b)(2) of this title;CommentsClose CommentsPermalink
`(5) the term `serious bodily injury' has the same meaning as in section 1365 of this title; andCommentsClose CommentsPermalink
`(6) the term `national of the United States' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (
(b) Chapter Analysis- The chapter analysis for chapter 113B of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`2339D. Receiving military-type training from a foreign terrorist organization.CommentsClose CommentsPermalink
`2339E. Providing material support to facilitate, reward, or encourage acts of terrorism.'.CommentsClose CommentsPermalink
(c) Definitions-
SEC. 602. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
SEC. 603. KIDNAPPING AND RAPE OVERSEAS.
(1) redesignating the subsections (c) and (d) as subsections (d) and (e), respectively;CommentsClose CommentsPermalink
(2) inserting the following new subsection (c):CommentsClose CommentsPermalink
`(c) Kidnapping- Whoever outside the United States unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away, or attempts or conspires to seize, confine, inveigle, decoy, kidnap, abduct, or carry away, a national of the United States, shall be fined under this title, punished by imprisonment for any term of years or for life, or both, and if the death of any person results, shall be fined under this title, punished by death or imprisonment for any term of years or for life, or both.'; andCommentsClose CommentsPermalink
(3) in subsection (d) (as redesignated), by--CommentsClose CommentsPermalink
(A) inserting `(as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title)' after `injury' in paragraphs (1) and (2); andCommentsClose CommentsPermalink
(B) striking `ten' and inserting `25'.CommentsClose CommentsPermalink
SEC. 604. HOSTAGE TAKING.
`Sec. 1203. Hostage taking
`(a) Whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain without lawful authority--CommentsClose CommentsPermalink
`(1) any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, or whoever attempts or conspires to do so; orCommentsClose CommentsPermalink
`(2) except as provided in subsection (b) of this section, another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or whoever attempts or conspires to do so,CommentsClose CommentsPermalink
shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.CommentsClose CommentsPermalink
`(b)(1) It is not an offense under subsection (a)(2) if the conduct required for the offense occurred outside the United States unless--CommentsClose CommentsPermalink
`(A) the offender or the person seized or detained is a national of the United States;CommentsClose CommentsPermalink
`(B) the offender is found in the United States; orCommentsClose CommentsPermalink
`(C) the governmental organization sought to be compelled is the Government of the United States.CommentsClose CommentsPermalink
`(2) It is not an offense under subsection (a)(2) if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.CommentsClose CommentsPermalink
`(c) As used in this section, the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (
SEC. 605. INTERFERENCE WITH FLIGHT CREW OR THREAT TO SAFETY OF AIRCRAFT.
(1) amending the heading for such section to read as follows: `Interference with flight crew or threat to safety of aircraft.'; andCommentsClose CommentsPermalink
(2) designating the existing language as subsection (a), and adding at the end the following:CommentsClose CommentsPermalink
`(b) An individual on an aircraft in the special aircraft jurisdiction of the United States who knowingly or recklessly takes any action that poses a serious threat to the safety of the aircraft or other individuals on the aircraft, shall be fined under title 18, imprisoned for not more than 10 years, or both.'.CommentsClose CommentsPermalink
SEC. 606. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO TERRORISTS.
SEC. 607. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) In General- Chapter 113B of title 18, United States Code, as amended by this title, is amended by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 2339F. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
`(a) In General- Any individual who is convicted of a Federal crime of terrorism (as defined in section 2332b(g)) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.CommentsClose CommentsPermalink
`(b) Federal Benefit Defined- In this section, `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act (
(b) Conforming Amendment- The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 2339F. Denial of Federal benefits to terrorists.'.CommentsClose CommentsPermalink
SEC. 608. IMPROVE INVESTIGATION OF TERRORIST CRIMES.
(a) Multidistrict Search Warrants in Terrorism Investigations- Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to read as follows:CommentsClose CommentsPermalink
`(3) a magistrate judge--in an investigation of--CommentsClose CommentsPermalink
`(A) international terrorism or domestic terrorism (as those terms are defined in
`(B) an offense under section 1001 or 1505 of title 18, United States Code, relating to information or purported information concerning a Federal crime of terrorism (as defined in
(b) Increased Penalties for Obstruction of Justice in Terrorism Cases- Sections 1001(a) and 1505 of title 18, United States Code, are amended by striking `8 years' and inserting `10 years'.CommentsClose CommentsPermalink
SEC. 609. SOLICITATION TO COMMIT A CRIME OF VIOLENCE OR TERRORISM.
(1) in subsection (a), by--CommentsClose CommentsPermalink
(A) inserting `or a Federal crime of terrorism as defined in section 2332b(g)(5),' after `in violation of the laws of the United States,'; andCommentsClose CommentsPermalink
(B) inserting `or persons' after `another person';CommentsClose CommentsPermalink
(2) in subsection (c), by--CommentsClose CommentsPermalink
(A) inserting `or persons' after `the person';CommentsClose CommentsPermalink
(B) striking `he' and inserting `they' in the phrase `because he lacked';CommentsClose CommentsPermalink
(C) striking `he was' and inserting `they were' in the phrase `because he was incompetent';CommentsClose CommentsPermalink
(D) striking `he is' and inserting `they are' in the phrase `because he is immune'; andCommentsClose CommentsPermalink
(E) striking `is' from `is not subject to prosecution'; andCommentsClose CommentsPermalink
(3) in the title by inserting the words `or terrorism' after `solicitation to commit a crime of violence'.CommentsClose CommentsPermalink
SEC. 610. TERRORIST OFFENSE RESULTING IN DEATH.
(a) New Offense- Chapter 113B of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 2339E. Terrorist offenses resulting in death
`(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink
`(b) As used in this section, the term `terrorist offense' means--CommentsClose CommentsPermalink
`(1) a felony offense that is--CommentsClose CommentsPermalink
`(A) a Federal crime of terrorism as defined in section 2332b(g), other than an offense under section 1363; orCommentsClose CommentsPermalink
`(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; orCommentsClose CommentsPermalink
`(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2339E. Terrorist offenses resulting in death.'.CommentsClose CommentsPermalink
SEC. 611. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.
(a) Participation in Nuclear and Weapons of Mass Destruction Threats to the United States-
(b) Missile Systems To Destroy Aircraft-
(c) Atomic Weapons- The last sentence of section 222 b. of the Atomic Energy Act of 1954 (
(d) Radiological Dispersal Devices-
(e) Variola Virus-
SEC. 612. INCREASE IN CERTAIN PENALTIES.
(a) Section 2332(b)(1)-
(b) Section 2332(c)-
(c) Section 2339C(d)-
(1) in paragraph (1), by striking `20 years' and inserting `30 years'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `10 years' and inserting `20 years'.CommentsClose CommentsPermalink
SEC. 613. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C OFFENSES.
SEC. 614. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.
(a) Providing Material Support to Terrorists-
(b) Receiving Military-Type Training From a Foreign Terrorist Organization-
SEC. 615. WIRETAP PREDICATE.
TITLE VII--GANG DETERRENCE AND COMMUNITY PROTECTION
SEC. 701. SHORT TITLE.
This title may be cited as the `Gang Deterrence and Community Protection Act of 2007'.CommentsClose CommentsPermalink
Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and Punish Illegal Street Gang Activity and Related Criminal Law Reforms
SEC. 711. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL STREET GANG ACTIVITY.
(a) In General- Chapter 26 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`CHAPTER 26--CRIMINAL STREET GANGS
`Sec.CommentsClose CommentsPermalink
`521. Criminal street gang prosecutions.CommentsClose CommentsPermalink
`Sec. 521. Criminal street gang prosecutions
`(a) Street Gang Crime- Whoever commits, or conspires, threatens or attempts to commit, a gang crime for the purpose of furthering the activities of a criminal street gang, or gaining entrance to or maintaining or increasing position in such a gang, shall, in addition to being subject to a fine under this title--CommentsClose CommentsPermalink
`(1) if the gang crime results in the death of any person, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the gang crime is kidnapping, aggravated sexual abuse, or maiming, be imprisoned for life or any term of years not less than 30;CommentsClose CommentsPermalink
`(3) if the gang crime is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; andCommentsClose CommentsPermalink
`(4) in any other case, be imprisoned for life or for any term of years not less than 10.CommentsClose CommentsPermalink
`(b) Forfeiture-CommentsClose CommentsPermalink
`(1) IN GENERAL- The court, in imposing sentence on any person convicted of a violation of this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States such person's interest in--CommentsClose CommentsPermalink
`(A) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation; andCommentsClose CommentsPermalink
`(B) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result 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 (
`(c) Definitions- The following definitions apply in this section:CommentsClose CommentsPermalink
`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group or association of 3 or more individuals, who commit 2 or more gang crimes (one of which is a crime of violence other than an offense punishable under subparagraphs (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act), in 2 or more separate criminal episodes, in relation to the group or association, if any of the activities of the criminal street gang affects interstate or foreign commerce.CommentsClose CommentsPermalink
`(2) GANG CRIME- The term `gang crime' means conduct constituting any Federal or State crime, punishable by imprisonment for more than one year, in any of the following categories:CommentsClose CommentsPermalink
`(A) A crime of violence.CommentsClose CommentsPermalink
`(B) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.CommentsClose CommentsPermalink
`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (
`(D) Any conduct punishable under section 844 (relating to explosive materials), subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony (as defined in section 924(e)(2)(B) of this title) or is a serious drug offense (as defined in section 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts), or subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties), section 930 (relating to possession of firearms and dangerous weapons in Federal facilities), section 931 (relating to purchase, ownership, or possession of body armor by violent felons), sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices), section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).CommentsClose CommentsPermalink
`(E) Any conduct punishable under section 274 (relating to bringing 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) of the Immigration and Nationality Act.CommentsClose CommentsPermalink
`(3) AGGRAVATED SEXUAL ABUSE- The term `aggravated sexual abuse' means an offense that, if committed in the special maritime and territorial jurisdiction would be an offense under section 2241(a).CommentsClose CommentsPermalink
`(4) 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) Amendment Relating to Priority of Forfeiture Over Orders for Restitution-
(c) Money Laundering-
SEC. 712. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING.
(a) Substantive Changes to Offense-
(1) so that the heading for the section reads as follows:CommentsClose CommentsPermalink
`Sec. 1952. Interstate or foreign commerce-related aid to racketeering';
(2) by inserting `(1)' after `(a)';CommentsClose CommentsPermalink
(3) by striking `travels' and all that follows through `intent to' and inserting `, in or affecting interstate or foreign commerce';CommentsClose CommentsPermalink
(4) by striking `(1) distribute' and inserting `(A) distributes';CommentsClose CommentsPermalink
(5) by striking `(2) commit' and inserting `(B) commits';CommentsClose CommentsPermalink
(6) by striking `(3) otherwise promote, manage, establish, carry on, or facilitate' and inserting `(C) otherwise promotes, manages, establishes, carries on, or facilitates'; andCommentsClose CommentsPermalink
(7) by striking `and thereafter' and all that follows through the end of the subsection and inserting the following:CommentsClose CommentsPermalink
`or attempts or conspires to do so, shall be punished as provided in paragraph (2).CommentsClose CommentsPermalink
`(2) The punishment for an offense under this subsection is--CommentsClose CommentsPermalink
`(A) in the case of a violation of subparagraph (A) or (C) of paragraph (1), a fine under this title and imprisonment for not less than 5 nor more than 20 years; andCommentsClose CommentsPermalink
`(B) in the case of a violation of subparagraph (B) of paragraph (1), a fine under this title and imprisonment for not less than 10 nor more than 30 years, but if death results the offender shall be sentenced to death, or to imprisonment for any term of years or for life.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The item relating to section 1952 in the table of sections at the beginning of chapter 95 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`1952. Interstate or foreign commerce-related aid to racketeering.'.CommentsClose CommentsPermalink
SEC. 713. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking-
(1) by striking `, with the intent to cause death or serious bodily harm' in the matter preceding paragraph (1);CommentsClose CommentsPermalink
(2) by inserting `or conspires' after `attempts' in the matter preceding paragraph (1);CommentsClose CommentsPermalink
(3) by striking `15' and inserting `20' in paragraph (1); andCommentsClose CommentsPermalink
(4) by striking `or imprisoned not more than 25 years, or both' and inserting `and imprisoned not less than 10 years nor more than 30 years' in paragraph (2).CommentsClose CommentsPermalink
(b) Clarification of Illegal Gun Transfers To Commit Drug Trafficking Crime or Crimes of Violence-
`(h) Whoever, in or affecting interstate or foreign commerce, knowingly transfers a firearm, knowing or intending that the firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime, shall be fined under this title and imprisoned not less than 5 years nor more than 20 years.'.CommentsClose CommentsPermalink
(c) Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association-
(1) by inserting `section 521 (criminal street gang prosecutions), in' after `felony set forth in';CommentsClose CommentsPermalink
(2) by striking `specified person, other than his attorney, upon' and inserting `specified person upon'; andCommentsClose CommentsPermalink
(3) by inserting `a criminal street gang or' before `an illegal enterprise'.CommentsClose CommentsPermalink
(d) Conspiracy Penalty-
SEC. 714. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE.
(a) In General-
(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink
`Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence';
(2) in subsection (a), by inserting `or other crime of violence, punishable by imprisonment for more than one year,' after `intent that a murder'; andCommentsClose CommentsPermalink
(3) in subsection (a), by striking `shall be fined' the first place it appears and all that follows through the end of such subsection and inserting the following:CommentsClose CommentsPermalink
`shall, in addition to being subject to a fine under this titleCommentsClose CommentsPermalink
`(1) if the crime of violence or conspiracy results in the death of any person, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, or a conspiracy to commit such a crime of violence, be imprisoned for life or any term of years not less than 30;CommentsClose CommentsPermalink
`(3) if the crime of violence is an assault, or a conspiracy to assault, that results in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; andCommentsClose CommentsPermalink
`(4) in any other case, be imprisoned for life or for any term of years not less than 10.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The item relating to section 1958 in the table of sections at the beginning of chapter 95 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.'.CommentsClose CommentsPermalink
SEC. 715. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
(a) Offense-
`(a) Whoever commits, or conspires, threatens, or attempts to commit, a crime of violence for the purpose of furthering the activities of an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in, such an enterprise, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for any other violation of this chapter and in addition to being subject to a fine under this title--CommentsClose CommentsPermalink
`(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, be imprisoned for life or any term of years not less than 30;CommentsClose CommentsPermalink
`(3) if the crime of violence is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or for any term of years not less than 20; andCommentsClose CommentsPermalink
`(4) in any other case, be imprisoned for life or for any term of years not less than 10.'.CommentsClose CommentsPermalink
(b) Venue-
`(c) A prosecution for a violation of this section may be brought in--CommentsClose CommentsPermalink
`(1) the judicial district in which the crime of violence occurred; orCommentsClose CommentsPermalink
`(2) any judicial district in which racketeering activity of the enterprise occurred.'.CommentsClose CommentsPermalink
SEC. 716. 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 (
`MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME
`Sec. 424. (a) In General- Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under this title--CommentsClose CommentsPermalink
`(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, be imprisoned for life or any term of years not less than 30;CommentsClose CommentsPermalink
`(3) if the crime of violence is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; andCommentsClose CommentsPermalink
`(4) in any other case, be imprisoned for life or for any term of years not less than 10.CommentsClose CommentsPermalink
`(b) Venue- 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
`(c) Definitions- As used in this section--CommentsClose CommentsPermalink
`(1) the term `crime of violence' has the meaning given that term in
`(2) the term `drug trafficking crime' has the meaning given that term in
(b) Clerical Amendment- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 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. 717. MULTIPLE INTERSTATE MURDER.
(a) Offense- 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- Whoever 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 of interstate or foreign commerce, or who conspires or attempts to do so, with intent that 2 or more intentional homicides be committed in violation of the laws of any State or the United States shall, in addition to being subject to a fine under this title--CommentsClose CommentsPermalink
`(1) if the offense results in the death of any person, be sentenced to death or life in prison;CommentsClose CommentsPermalink
`(2) if the offense results is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; andCommentsClose CommentsPermalink
`(3) in any other case, be imprisoned for life or for any term of years not less than 10.CommentsClose CommentsPermalink
`(b) Definition- 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) Clerical Amendment- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`1123. Use of interstate commerce facilities in the commission of multiple murder.'.CommentsClose CommentsPermalink
SEC. 718. ADDITIONAL RACKETEERING ACTIVITY.
(1) in subparagraph (A), by inserting `, or would have been so chargeable if the act or threat had not been committed in Indian country (as defined in section 1151) or in any other area of exclusive Federal jurisdiction,' after `chargeable under State law'; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by inserting `section 1123 (relating to interstate murder),' after `section 1084 (relating to the transmission of gambling information),'.CommentsClose CommentsPermalink
SEC. 719. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
(1) in subsection (e), in the matter following paragraph (3), by inserting `an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime (as defined in section 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 922, or a crime of violence,' after `that the person committed'; andCommentsClose CommentsPermalink
(2) in subsection (g), by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, or involves a controlled substance, firearm, explosive, or destructive devise;'.CommentsClose CommentsPermalink
SEC. 720. VENUE IN CAPITAL CASES.
`Sec. 3235. Venue in capital cases
`(a) The trial for any offense punishable by death shall be held in the district where the offense was committed or in any district in which the offense began, continued, or was completed.CommentsClose CommentsPermalink
`(b) If the offense, or related conduct, under subsection (a) involves activities which affect interstate or foreign commerce, or the importation of an object or person into the United States, such offense may be prosecuted in any district in which those activities occurred.'.CommentsClose CommentsPermalink
SEC. 721. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 3298. Violent crime offenses
`No person shall be prosecuted, tried, or punished for any noncapital felony, crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 15 years after the date on which the alleged violation occurred or the continuing offense was completed.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`3298. Violent crime offenses.'.CommentsClose CommentsPermalink
SEC. 722. MODIFICATION OF DEFINITION OF CRIME OF VIOLENCE.
`(b) any other offense that is an offense punishable by imprisonment for more than one year and that, by its nature, involves a substantial risk that physical force may be used against the person or property of another, or is an offense punishable under subparagraphs (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act.'.CommentsClose CommentsPermalink
SEC. 723. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
Rule 804(b)(6) of the Federal Rules of Evidence is amended to read as follows:CommentsClose CommentsPermalink
`(6) FORFEITURE BY WRONGDOING- A statement offered against a party who has engaged or acquiesced in wrongdoing, or who could reasonably foresee such wrongdoing would take place, if the wrongdoing was intended to, and did, procure the unavailability of the declarant as a witness.'.CommentsClose CommentsPermalink
SEC. 724. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF VIOLENCE AND DRUG TRAFFICKING.
(a) In General-
(1) in paragraph (1)(A)--CommentsClose CommentsPermalink
(A) by striking `shall' and inserting `or conspires to commit any of the above acts, shall, for each instance in which the firearm is used, carried, or possessed';CommentsClose CommentsPermalink
(B) in clause (i), by striking `5 years' and inserting `7 years'; andCommentsClose CommentsPermalink
(C) by striking clauses (ii) and (iii) and inserting the following:CommentsClose CommentsPermalink
`(ii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 15 years; andCommentsClose CommentsPermalink
`(iii) if the firearm is used to wound, injure, or maim another person, be sentenced to a term of imprisonment of not less than 20 years.'; andCommentsClose CommentsPermalink
(2) by striking paragraph (4).CommentsClose CommentsPermalink
(b) Conforming Amendment-
SEC. 725. TRANSFER OF JUVENILES.
The 4th undesignated paragraph of
(1) by striking `A juvenile' where it appears at the beginning of the paragraph and inserting `Except as otherwise provided in this chapter, a juvenile';CommentsClose CommentsPermalink
(2) by striking `as an adult, except that, with' and inserting `as an adult. With'; andCommentsClose CommentsPermalink
(3) by striking `However, a juvenile' and all that follows through `criminal prosecution.' at the end of the paragraph and inserting `The Attorney General may prosecute as an adult a juvenile who is alleged to have committed an act after that juvenile's 16th birthday which if committed by an adult would be a crime of violence that is a felony, an offense described in subsection (d), (i), (j), (k), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts), or subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties), section 930 (relating to possession of firearms and dangerous weapons in Federal facilities), or section 931 (relating to purchase, ownership, or possession of body armor by violent felons). The decision whether or not to prosecute a juvenile as an adult under the immediately preceding sentence is not subject to judicial review in any court. In a prosecution under that sentence, the juvenile may be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and may also be convicted as an adult of any lesser included offense.'.CommentsClose CommentsPermalink
Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk Youth From Joining Illegal Street Gangs
SEC. 731. DESIGNATION OF AND ASSISTANCE FOR `HIGH INTENSITY' INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions- In this section the following definitions shall apply:CommentsClose CommentsPermalink
(1) GOVERNOR- The term `Governor' means a Governor of a State or the Mayor of the District of Columbia.CommentsClose CommentsPermalink
(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREA- The term `high intensity interstate gang activity area' means an area within a State that is designated as a high intensity interstate gang activity area under subsection (b)(1).CommentsClose CommentsPermalink
(3) STATE- The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink
(b) High Intensity Interstate Gang Activity Areas-CommentsClose CommentsPermalink
(1) DESIGNATION- The Attorney General, after consultation with the Governors of appropriate States, may designate as high intensity interstate gang activity areas, specific areas that are located within 1 or more States.CommentsClose CommentsPermalink
(2) ASSISTANCE- In order to provide Federal assistance to high intensity interstate gang activity areas, the Attorney General shall--CommentsClose CommentsPermalink
(A) establish criminal street gang enforcement teams, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in each high intensity interstate gang activity area;CommentsClose CommentsPermalink
(B) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team;CommentsClose CommentsPermalink
(C) provide all necessary funding for the operation of the criminal street gang enforcement team in each high intensity interstate gang activity area; andCommentsClose CommentsPermalink
(D) provide all necessary funding for national and regional meetings of criminal street gang enforcement teams, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices and for any other related purpose.CommentsClose CommentsPermalink
(3) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM- The team established pursuant to paragraph (2)(A) shall consist of agents and officers, where feasible, from--CommentsClose CommentsPermalink
(A) the Federal Bureau of Investigation;CommentsClose CommentsPermalink
(B) the Drug Enforcement Administration;CommentsClose CommentsPermalink
(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;CommentsClose CommentsPermalink
(D) the United States Marshals Service;CommentsClose CommentsPermalink
(E) the Directorate of Border and Transportation Security of the Department of Homeland Security;CommentsClose CommentsPermalink
(F) the Department of Housing and Urban Development;CommentsClose CommentsPermalink
(G) State and local law enforcement; andCommentsClose CommentsPermalink
(H) Federal, State, and local prosecutors.CommentsClose CommentsPermalink
(4) CRITERIA FOR DESIGNATION- In considering an area for designation as a high intensity interstate gang activity area under this section, the Attorney General shall consider--CommentsClose CommentsPermalink
(A) the current and predicted levels of gang crime activity in the area;CommentsClose CommentsPermalink
(B) the extent to which violent crime in the area appears to be related to criminal street gang activity, such as drug trafficking, murder, robbery, assaults, carjacking, arson, kidnapping, extortion, and other criminal activity;CommentsClose CommentsPermalink
(C) the extent to which State and local law enforcement agencies have committed resources to--CommentsClose CommentsPermalink
(i) respond to the gang crime problem; andCommentsClose CommentsPermalink
(ii) participate in a gang enforcement team;CommentsClose CommentsPermalink
(D) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in the area; andCommentsClose CommentsPermalink
(E) any other criteria that the Attorney General considers to be appropriate.CommentsClose CommentsPermalink
(c) Additional Assistant U.S. Attorneys- The Attorney General is authorized to hire 94 additional Assistant United States attorneys to carry out the provisions of this section. Each attorney hired under this subsection shall be assigned to a high intensity interstate gang activity area.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated--CommentsClose CommentsPermalink
(1) $50,000,000 for each of the fiscal years 2006 through 2010 to carry out subsection (b); andCommentsClose CommentsPermalink
(2) $7,500,000 for each of the fiscal years 2006 through 2010 to carry out subsection (c).CommentsClose CommentsPermalink
SEC. 732. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.
(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (
(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(5) to hire additional prosecutors to--CommentsClose CommentsPermalink
`(A) allow more cases to be prosecuted; andCommentsClose CommentsPermalink
`(B) reduce backlogs;CommentsClose CommentsPermalink
`(6) to fund technology, equipment, and training for prosecutors and law enforcement in order to increase accurate identification of gang members and violent offenders, and to maintain databases with such information to facilitate coordination among law enforcement and prosecutors; andCommentsClose CommentsPermalink
`(7) to fund technology, equipment, and training for prosecutors to increase the accurate identification and successful prosecution of young violent offenders.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $20,000,000 for each of the fiscal years 2006 through 2010 to carry out this subtitle.'.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
OC Blog Articles Related To This Bill
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
- SOPA/PIPA Dead ...For Now. Jan 20, 2012
- Help Us Whip #PIPA Jan 13, 2012
- Net Censorship Bills On Top of the Agenda for After the Holidays Dec 21, 2011
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012