Gang Prevention and Effective Deterrence Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1735 Reported in Senate (RS)]

Calendar No. 608
108th CONGRESS
2d Session
S. 1735

To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to reform and facilitate prosecution of juvenile gang
members who commit violent crimes, to expand and improve gang
prevention programs, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 15, 2003

Mr. Hatch (for himself, Mrs. Feinstein, Mr. Grassley, Mr. Graham of
South Carolina, Mr. Chambliss, Mr. Cornyn, Mr. Schumer, and Mr. Biden)

July 6, 2004

Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to reform and facilitate prosecution of juvenile gang
members who commit violent crimes, to expand and improve gang
prevention programs, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Gang
Prevention and Effective Deterrence Act of 2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

<DELETED>Sec. 100. Short title.
<DELETED>Subtitle A--Criminal Law Reforms and Enhanced Penalties To
Deter and Punish Illegal Street Gang Activity

<DELETED>Sec. 101. Solicitation or recruitment of persons in criminal
street gang activity.
<DELETED>Sec. 102. Criminal street gangs.
<DELETED>Sec. 103. Violent crimes in furtherance or in aid of criminal
street gangs.
<DELETED>Sec. 104. Interstate and foreign travel or transportation in
aid of criminal street gangs.
<DELETED>Sec. 105. Amendments relating to violent crime in areas of
exclusive Federal jurisdiction.
<DELETED>Sec. 106. Increased penalties for use of interstate commerce
facilities in the commission of murder-for-
hire and other felony crimes of violence.
<DELETED>Sec. 107. Increased penalties for violent crimes in aid of
racketeering activity.
<DELETED>Sec. 108. Murder and other violent crimes committed during and
in relation to a drug trafficking crime.
<DELETED>Sec. 109. Sentencing guidelines for gang crimes, including an
increase in offense level for participation
in crime as a gang member.
<DELETED>Subtitle B--Increased Federal Resources To Deter and Prevent
At-Risk Youth From Joining Illegal Street Gangs

<DELETED>Sec. 110. Designation of and assistance for ``high intensity''
interstate gang activity areas.
<DELETED>Sec. 111. Enhancement of project safe neighborhoods initiative
to improve enforcement of criminal laws
against violent gangs.
<DELETED>Sec. 112. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute
violent criminal street gangs.
<DELETED>Sec. 113. Grants to State and local prosecutors to combat
violent crime and to protect witnesses and
victims of crimes.
<DELETED>TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT
ILLEGAL GANG CRIME

<DELETED>Sec. 201. Multiple interstate murder.
<DELETED>Sec. 202. Expansion of rebuttable presumption against release
of persons charged with firearms offenses.
<DELETED>Sec. 203. Venue in capital cases.
<DELETED>Sec. 204. Statute of limitations for violent crime.
<DELETED>Sec. 205. Predicate crimes for authorization of interception
of wire, oral, and electronic
communications.
<DELETED>Sec. 206. Clarification of definition of crime of violence.
<DELETED>Sec. 207. Clarification to hearsay exception for forfeiture by
wrongdoing.
<DELETED>Sec. 208. Clarification of venue for retaliation against a
witness.
<DELETED>Sec. 209. Amendment of sentencing guidelines relating to
certain gang and violent crimes.
<DELETED>Sec. 210. Increased penalties for criminal use of firearms in
crimes of violence and drug trafficking.
<DELETED>Sec. 211. Conforming amendment.
<DELETED>TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

<DELETED>Sec. 301. Treatment of Federal juvenile offenders.
<DELETED>Sec. 302. Notification after arrest.
<DELETED>Sec. 303. Release and detention prior to disposition.
<DELETED>Sec. 304. Speedy trial.
<DELETED>Sec. 305. Use of juvenile records.
<DELETED>Sec. 306. Federal sentencing guidelines.

<DELETED>TITLE I--CRIMINAL STREET GANG ABATEMENT ACT</DELETED>

<DELETED>SEC. 100. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Criminal Street Gang
Abatement Act''.</DELETED>

<DELETED>Subtitle A--Criminal Law Reforms and Enhanced Penalties To
Deter and Punish Illegal Street Gang Activity</DELETED>

<DELETED>SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL
STREET GANG ACTIVITY.</DELETED>

<DELETED>    Chapter 26 of title 18, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED>``Sec. 522. Recruitment of persons to participate in a
criminal street gang</DELETED>
<DELETED>    ``(a) Prohibited Acts.--It shall be unlawful for any
person to use any facility in, or travel in, interstate or foreign
commerce, or cause another to do so, in order to recruit, employ,
solicit, induce, command, or cause another person to be or remain as a
member of a criminal street gang, or conspire to do so, with the intent
that the person being recruited, solicited, induced, commanded, or
caused to be or remain a member of such gang participate in an offense
described in section 521(b).</DELETED>
<DELETED>    ``(b) Penalties.--Any person who violates subsection (a)
shall--</DELETED>
<DELETED>    ``(1) be imprisoned not more than 10 years, fined
under this title, or both; and</DELETED>
<DELETED>    ``(2) if the person recruited, solicited, induced,
commanded, or caused to participate in a criminal street gang
is a minor--</DELETED>
<DELETED>    ``(A) be imprisoned for not less than 3
years and not more than 10 years, fined under this
title, or both; and</DELETED>
<DELETED>    ``(B) at the discretion of the sentencing
judge, be liable for any costs incurred by the Federal
Government, or by any State or local government, for
housing, maintaining, and treating the person until the
person attains the age of 18 years.''.</DELETED>

<DELETED>SEC. 102. CRIMINAL STREET GANGS.</DELETED>

<DELETED>    (a) Criminal Street Gang Prosecutions.--Section 521 of
title 18, United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 521. Criminal street gang prosecutions</DELETED>
<DELETED>    ``(a) Definitions.--As used in this chapter:</DELETED>
<DELETED>    ``(1) Criminal street gang.--The term `criminal
street gang' means a formal or informal group, club,
organization, or association of 3 or more individuals, who act
in concert, or agree to act in concert, with a purpose that any
of these persons alone, or in any combination, commit or will
commit, 2 or more predicate gang crimes, 1 of which occurs
after the date of enactment of The Gang Prevention and
Effective Deterrence Act of 2003 and the last of which occurs
not later than 10 years (excluding any period of imprisonment)
after the commission of a prior predicate gang crime, provided
that the activities of the criminal street gang affect
interstate or foreign commerce.</DELETED>
<DELETED>    ``(2) Predicate gang crime.--The term `predicate
gang crime' means--</DELETED>
<DELETED>    ``(A) any act or threat, or attempted act
or threat, which is chargeable under Federal or State
law and punishable by imprisonment for more than 1
year, involving murder, attempted murder, manslaughter,
gambling, kidnapping, robbery, extortion, arson, obstruction of
justice, tampering with or retaliating against a witness, victim, or
informant, burglary, sexual assault, carjacking, or manufacturing,
importing, distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed chemicals (as
those terms are defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802));</DELETED>
<DELETED>    ``(B) any act punishable by imprisonment
for more than 1 year under section 844 (relating to
explosive materials), section 922(g)(1) (where the
underlying conviction is a serious violent felony (as
defined in section 3559(c)(2)(F) of this title) or is a
serious drug offense (as defined in section
942(e)(2)(A) of this title), or subsection (a)(2), (b),
(c), (g), or (h) of section 924 (relating to receipt,
possession, and transfer of firearms), sections 1028
and 1029 (relating to fraud and related activity in
connection with identification documents or access
devices), section 1503 (relating to obstruction of
justice), section 1510 (relating to obstruction of
criminal investigations), section 1512 (relating to
tampering with a witness, victim, or informant), or
section 1513 (relating to retaliating against a
witness, victim, or informant), section 1951 (relating
to interference with commerce, robbery or extortion),
section 1952 (relating to racketeering), section 1956
(relating to the laundering of monetary instruments),
section 1957 (relating to engaging in monetary
transactions in property derived from specified
unlawful activity), section 1958 (relating to use of
interstate commerce facilities in the commission of
murder-for-hire), sections 2312 through 2315 (relating
to interstate transportation of stolen motor vehicles
or stolen property); or</DELETED>
<DELETED>    ``(C) any act involving the Immigration
and Nationality Act, section 274 (relating to brining
in and harboring certain aliens), section 277 (relating
to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation
of alien for immoral purpose).</DELETED>
<DELETED>    ``(3) State.--The term `State' means each of the
several States of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.</DELETED>
<DELETED>    ``(b) Illegal Participation in Criminal Street Gangs.--It
shall be unlawful--</DELETED>
<DELETED>    ``(1) to participate in a criminal street gang by
committing, or conspiring or attempting to commit, 2 or more
predicate gang crimes--</DELETED>
<DELETED>    ``(A) in furtherance or in aid of the
activities of a criminal street gang; or</DELETED>
<DELETED>    ``(B) for the purpose of gaining entrance
to or maintaining or increasing position in such a
gang; or</DELETED>
<DELETED>    ``(2) to employ, use, command, counsel, persuade,
induce, entice, or coerce any individual to commit, cause to
commit, or facilitate the commission of, a predicate gang
crime--</DELETED>
<DELETED>    ``(A) in furtherance or in aid of the
activities of a criminal street gang; or</DELETED>
<DELETED>    ``(B) for the purpose of gaining entrance
to or maintaining or increasing position in such a
gang.</DELETED>
<DELETED>    ``(c) Penalties.--</DELETED>
<DELETED>    ``(1) Imprisonment of up to 30 years or life.--Any
person who violates paragraph (1) of subsection (b)--</DELETED>
<DELETED>    ``(A) shall be imprisoned not more than 30
years;</DELETED>
<DELETED>    ``(B) if the violation is based on a
predicate gang crime for which the maximum penalty
includes life imprisonment, shall be imprisoned for any
term of years or for life; and</DELETED>
<DELETED>    ``(C) if the person commits such a
violation after 1 or more prior convictions for such a
predicate gang crime, that is not part of the instant
violation, shall be imprisoned for any term of years
not less than 15 years or for life.</DELETED>
<DELETED>    ``(2) Imprisonment of up to 20 years.--</DELETED>
<DELETED>    ``(A) In general.--A person who violates
subsection (b)(2) shall be imprisoned for not more than
20 years, fined under this title, or both.</DELETED>
<DELETED>    ``(B) Subject is a minor.--If the person
who was the subject of the violation under subsection
(b)(2) was less than 18 years of age at the time of the
violation, the person committing the violation shall be
imprisoned for not less than 10 years.</DELETED>
<DELETED>    ``(C) Consecutive terms.--A term of
imprisonment under this paragraph shall run
consecutively to any other term of imprisonment,
including that imposed for any other violation of this
chapter.</DELETED>
<DELETED>    ``(3) Additional penalties.--In addition to any
other penalty authorized by this section--</DELETED>
<DELETED>    ``(A) a person who violates paragraph (1)
or (2) of subsection (b), 1 of whose predicate gang
crimes involves murder or conspiracy to commit murder
which results in the taking of a life, shall be
punished by death or by imprisonment for any term of
years or for life;</DELETED>
<DELETED>    ``(B) a person who violates paragraph (1)
or (2) of subsection (b), 1 of whose predicate gang
crimes involves attempted murder or conspiracy to
commit murder, shall be imprisoned for not more than 30
years; and</DELETED>
<DELETED>    ``(C) a person who violates paragraph (1)
or (2) of subsection (b), and who at the time of the
offense occupied a position of organizer, leader,
supervisor, manager, or other position of management in
the criminal street gang involved in such violation,
shall be imprisoned for any term of years not less than
15 years or for life.</DELETED>
<DELETED>    ``(d) Forfeiture.--</DELETED>
<DELETED>    ``(1) In general.--A person who violates any
provision of this section shall, in addition to any other
penalty and irrespective of any provision of State law, forfeit to the
United States--</DELETED>
<DELETED>    ``(A) any property constituting, or
derived from, any proceeds the person obtained,
directly or indirectly, as a result of the violation;
and</DELETED>
<DELETED>    ``(B) any property used, or intended to be
used, in any manner or part, to commit, or to
facilitate the commission of, the violation.</DELETED>
<DELETED>    ``(2) Application of controlled substances act.--
Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l),
(m), (n), (o), and (p) of section 413 of the Controlled
Substances Act (21 U.S.C. 853) shall apply to a forfeiture
under this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the
beginning of chapter 26 of title 18, United States Code, is amended to
read as follows:</DELETED>

<DELETED>``521. Criminal street gang prosecutions.''.

<DELETED>SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL
STREET GANGS.</DELETED>

<DELETED>    (a) Violent Crimes and Criminal Street Gang Recruitment.--
Chapter 26 of title 18, United States Code, as amended by section 101,
is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 523. Violent crimes in furtherance or in aid of a
criminal street gang</DELETED>
<DELETED>    ``(a) Any person who, in furtherance or in aid of a
criminal street gang, murders, kidnaps, sexually assaults, maims,
assaults with a dangerous weapon, commits assault resulting in serious
bodily injury upon, or threatens to commit a crime of violence against
any individual, or attempts or conspires to do so, shall be punished,
in addition and consecutive to the punishment provided for any other
violation of this chapter--</DELETED>
<DELETED>    ``(1) for murder, by death or imprisonment for any
term of years or for life, a fine under this title, or
both;</DELETED>
<DELETED>    ``(2) for kidnapping or sexual assault, by
imprisonment for any term of years or for life, a fine under
this title, or both;</DELETED>
<DELETED>    ``(3) for maiming, by imprisonment for any term of
years or for life, a fine under this title, or both;</DELETED>
<DELETED>    ``(4) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by imprisonment for
not more than 30 years, a fine under this title, or
both;</DELETED>
<DELETED>    ``(5) for threatening to commit a crime of
violence specified in paragraphs (1) through (4), by
imprisonment for not more than 10 years, a fine under this
title, or both;</DELETED>
<DELETED>    ``(6) for attempting or conspiring to commit
murder, kidnapping, maiming, or sexual assault, by imprisonment
for not more than 30 years, a fine under this title, or both;
and</DELETED>
<DELETED>    ``(7) for attempting or conspiring to commit a
crime involving assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 20 years, a fine under this title, or both.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
<DELETED>    ``(1) Criminal street gang.--The term `criminal
street gang' has the same meaning as in section 521 of this
title.</DELETED>
<DELETED>    ``(2) Minor.--The term `minor' means a person who
is less than 18 years of age.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the
beginning of chapter 26 of title 18, United States Code, is amended by
adding at the end the following:</DELETED>

<DELETED>``522. Recruitment of persons to participate in a criminal
street gang.
<DELETED>``523. Violent crimes in furtherance of a criminal street
gang.''.

<DELETED>SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN
AID OF CRIMINAL STREET GANGS.</DELETED>

<DELETED>    Section 1952 of title 18, United States Code, is amended--
</DELETED>
<DELETED>    (1) in subsection (a)--</DELETED>
<DELETED>    (A) by striking ``and thereafter performs
or attempts to perform'' and inserting ``and thereafter
performs, or attempts or conspires to
perform'';</DELETED>
<DELETED>    (B) by striking ``5 years'' and inserting
``10 years''; and</DELETED>
<DELETED>    (C) by inserting ``punished by death or''
after ``if death results shall be'';</DELETED>
<DELETED>    (2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;</DELETED>
<DELETED>    (3) by inserting after subsection (a) the
following:</DELETED>
<DELETED>    ``(b) Whoever travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign commerce, with
the intent to bribe, force, intimidate, or threaten any person, to
delay or influence the testimony of, or prevent from testifying, a
witness in a State criminal proceeding, or by any such means to cause
any person to destroy, alter, or conceal a record, document, or other
object, with intent to impair the object's integrity or availability
for use in such a proceeding, and thereafter performs, or attempts or
conspires to perform, an act described in this subsection, shall--
</DELETED>
<DELETED>    ``(1) be fined under this title, imprisoned for
any term of years, or both; and</DELETED>
<DELETED>    ``(2) if death results, be punished by death or
imprisonment for any term of years or for life.'';
and</DELETED>
<DELETED>    (4) in subsection (c)(2), as redesignated under
subparagraph (B), by inserting ``intimidation of, or
retaliation against, a witness, victim, juror, or informant,''
after ``extortion, bribery,''.</DELETED>

<DELETED>SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF
EXCLUSIVE FEDERAL JURISDICTION.</DELETED>

<DELETED>    (a) Assault Within Maritime and Territorial Jurisdiction
of United States.--Section 113(a)(3) of title 18, United States Code,
is amended by striking ``with intent to do bodily harm, and without
just cause or excuse''.</DELETED>
<DELETED>    (b) Conspiracy.--Section 371 of title 18, United States
Code, is amended--</DELETED>
<DELETED>    (1) by striking ``If two'' and inserting ``(a) If
2'';</DELETED>
<DELETED>    (2) by striking ``each shall be fined under this
title or imprisoned not more than five years, or both.'' and
inserting the following: ``each person shall--</DELETED>
<DELETED>    ``(1) be fined or imprisoned, or both, as set
forth in the specific substantive offense which was the object
of the conspiracy; or</DELETED>
<DELETED>    ``(2) if paragraph (1) does not apply, be fined
under this title or imprisoned for not more than 10 years, or
both.''; and</DELETED>
<DELETED>    (3) by striking ``If, however,'' and inserting
``(b) If''.</DELETED>
<DELETED>    (c) Manslaughter.--Section 1112(b) of title 18, United
States Code, is amended by--</DELETED>
<DELETED>    (1) striking ``ten years'' and inserting ``20
years''; and</DELETED>
<DELETED>    (2) striking ``six years'' and inserting ``10
years''.</DELETED>
<DELETED>    (d) Offenses Committed Within Indian Country.--Section
1153(a) of title 18, United States Code, is amended by inserting ``an
offense for which the maximum statutory term of imprisonment under
section 1363 is greater than 5 years,'' after ``a felony under chapter
109A,''.</DELETED>
<DELETED>    (e) Racketeer Influenced and Corrupt Organizations.--
Section 1961(1) of title 18, United States Code, is amended--</DELETED>
<DELETED>    (1) in subparagraph (A), by inserting ``, or would
have been so chargeable if the act or threat (other than
gambling) 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'';
and</DELETED>
<DELETED>    (2) in subparagraph (B), by inserting ``section
1123 (relating to interstate murder),'' after ``section 1084
(relating to the transmission of wagering
information),''.</DELETED>
<DELETED>    (f) Carjacking.--Section 2119 of title 18, United States
Code, is amended by striking ``, with the intent to cause death or
serious bodily harm''.</DELETED>
<DELETED>    (g) Clarification of Illegal Gun Transfers To Commit Drug
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18,
United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(h) Illegal Transfers.--Whoever 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, shall
be imprisoned for not more than 10 years, fined under this title, or
both.''.</DELETED>
<DELETED>    (h) Amendment of Special Sentencing Provision.--Section
3582(d) of title 18, United States Code, is amended--</DELETED>
<DELETED>    (1) by striking ``chapter 95 (racketeering) or 96
(racketeer influenced and corrupt organizations) of this
title'' and inserting ``section 521 (criminal street gangs) or
522 (violent crimes in furtherance or in aid of criminal street
gangs), in chapter 95 (racketeering) or 96 (racketeer
influenced and corrupt organizations),''; and</DELETED>
<DELETED>    (2) by inserting ``a criminal street gang or''
before ``an illegal enterprise''.</DELETED>
<DELETED>    (i) Conforming Amendment Relating to Orders for
Restitution.--Section 3663(c)(4) of title 18, United States Code, is
amended by striking ``chapter 46 or chapter 96 of this title'' and
inserting ``section 521, under chapter 46 or 96,''.</DELETED>
<DELETED>    (j) Special Provision for Indian Country.--No person
subject to the criminal jurisdiction of an Indian tribal government
shall be subject to section 3559(e) of title 18, United States Code,
for any offense for which Federal jurisdiction is solely predicated on
Indian country (as defined in section 1151 of such title 18) and which
occurs within the boundaries of such Indian country unless the
governing body of such Indian tribe elects to subject the persons under
the criminal jurisdiction of the tribe to section 3559(e) of such title
18.</DELETED>

<DELETED>SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE
FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER
FELONY CRIMES OF VIOLENCE.</DELETED>

<DELETED>    Section 1958 of title 18, United States Code, is amended--
</DELETED>
<DELETED>    (1) by striking the header and inserting the
following:</DELETED>
<DELETED>``Sec. 1958. Use of interstate commerce facilities in the
commission of murder-for-hire and other felony crimes of
violence'';</DELETED>
<DELETED>    and</DELETED>
<DELETED>    (2) by amending subsection (a) to read as
follows:</DELETED>
<DELETED>    ``(a) Any person who travels in or causes another
(including the intended victim) to travel in interstate or foreign
commerce, or uses or causes another (including the intended victim) to
use the mail or any facility in interstate or foreign commerce, with
intent that a murder or other felony crime of violence be committed in
violation of the laws of any State or the United States as
consideration for the receipt of, or as consideration for a promise or
agreement to pay, anything of pecuniary value, or who conspires to do
so--</DELETED>
<DELETED>    ``(1) may be fined under this title and shall be
imprisoned not more than 20 years;</DELETED>
<DELETED>    ``(2) if personal injury results, may be fined
under this title and shall be imprisoned for not more than 30
years; and</DELETED>
<DELETED>    ``(3) if death results, may be fined not more than
$250,000, and shall be punished by death or imprisoned for any
term of years or for life, or both.''.</DELETED>

<DELETED>SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF
RACKETEERING ACTIVITY.</DELETED>

<DELETED>    Section 1959(a) of title 18, United States Code, is
amended to read as follows:</DELETED>
<DELETED>    ``(a) Any person who, in furtherance or in aid of an
enterprise engaged in racketeering activity, murders, kidnaps, sexually
assaults, maims, assaults with a dangerous weapon, commits assault
resulting in serious bodily injury upon, or threatens to commit a crime
of violence against any individual in violation of the laws of any
State or the United States, or attempts or conspires to do so, shall be
punished, in addition and consecutive to the punishment provided for
any other violation of this chapter--</DELETED>
<DELETED>    ``(1) for murder, by death or imprisonment for any
term of years or for life, a fine under this title, or
both;</DELETED>
<DELETED>    ``(2) for kidnapping or sexual assault, by
imprisonment for any term of years or for life, a fine under
this title, or both;</DELETED>
<DELETED>    ``(3) for maiming, by imprisonment for any term of
years or for life, a fine under this title, or both;</DELETED>
<DELETED>    ``(4) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by imprisonment for
not more than 30 years, a fine under this title, or
both;</DELETED>
<DELETED>    ``(5) for threatening to commit a crime of
violence, by imprisonment for not more than 10 years, a fine
under this title, or both;</DELETED>
<DELETED>    ``(6) for attempting or conspiring to commit
murder, kidnapping, maiming, or sexual assault, by imprisonment
for not more than 30 years, a fine under this title, or both;
and</DELETED>
<DELETED>    ``(7) for attempting or conspiring to commit
assault with a dangerous weapon or assault which would result
in serious bodily injury, by imprisonment for not more than 20
years, a fine under this title, or both.''.</DELETED>

<DELETED>SEC. 108. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND
IN RELATION TO A DRUG TRAFFICKING CRIME.</DELETED>

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

<DELETED>``murder and other violent crimes committed during and in
relation to a drug trafficking crime</DELETED>

<DELETED>    ``Sec. 424. (a) In General.--Any person who, during and in
relation to any drug trafficking crime, murders, kidnaps, sexually
assaults, maims, assaults with a dangerous weapon, commits assault
resulting in serious bodily injury upon, or threatens to commit a crime
of violence against, any individual, or attempts or conspires to do so,
shall be punished, in addition and consecutive to the punishment
provided for the drug trafficking crime--</DELETED>
<DELETED>    ``(1) in the case of murder, by death or
imprisonment for any term of years or for life, a fine under
title 18, United States Code, or both;</DELETED>
<DELETED>    ``(2) in the case of kidnapping or sexual assault
by imprisonment for any term of years or for life, a fine under
such title 18, or both;</DELETED>
<DELETED>    ``(3) in the case of maiming, by imprisonment for
any term of years or for life, a fine under such title 18, or
both;</DELETED>
<DELETED>    ``(4) in the case of assault with a dangerous
weapon or assault resulting in serious bodily injury, by
imprisonment not more than 30 years, a fine under such title
18, or both;</DELETED>
<DELETED>    ``(5) in the case of threatening to commit a crime
of violence specified in paragraphs (1) through (4), by
imprisonment for not more than 10 years, a fine under such
title 18, or both;</DELETED>
<DELETED>    ``(6) in the case of attempting or conspiring to
commit murder, kidnapping, maiming, or sexual assault, by
imprisonment for not more than 30 years, a fine under such
title 18, or both; and</DELETED>
<DELETED>    ``(7) in the case of attempting or conspiring to
commit a crime involving assault with a dangerous weapon or
assault resulting in serious bodily injury, by imprisonment for
not more than 20 years, a fine under such title 18, or
both.</DELETED>
<DELETED>    ``(b) Venue.--A prosecution for a violation of this
section may be brought in--</DELETED>
<DELETED>    ``(1) the judicial district in which the murder or
other crime of violence occurred; or</DELETED>
<DELETED>    ``(2) any judicial district in which the drug
trafficking crime may be prosecuted.</DELETED>
<DELETED>    ``(c) Applicable Death Penalty Procedures.--A defendant
who has been found guilty of an offense under this section for which a
sentence of death is provided shall be subject to the provisions of
chapter 228 of title 18, United States Code.</DELETED>
<DELETED>    ``(d) Definitions.--As used in this section--</DELETED>
<DELETED>    ``(1) the term `crime of violence' has the meaning
given that term in section 924(c)(3) of title 18, United States
Code; and</DELETED>
<DELETED>    ``(2) the term `drug trafficking crime' has the
meaning given that term in section 924(c)(2) of title 18,
United States Code.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for the
Controlled Substances Act is amended by inserting after the item
relating to section 423, the following:</DELETED>

<DELETED>``Sec. 424. Murder and other violent crimes committed during
and in relation to a drug trafficking
crime.''.

<DELETED>SEC. 109. SENTENCING GUIDELINES FOR GANG CRIMES, INCLUDING AN
INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A
GANG MEMBER.</DELETED>

<DELETED>    Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Commission shall
amend the Federal sentencing guidelines to eliminate the policy
statement in section 5K2.18 of the guidelines regarding section 521 of
title 18, United States Code, and instead provide a base offense level
in chapter 2 of the guidelines for offenses described in sections 521,
522, and 523 of title 18, United States Code, that reflects the
seriousness of these offenses. Such guidelines shall include an
appropriate enhancement (which shall be in addition to any other
adjustment under chapter 3 of the Federal Sentencing guidelines) for
any offense described in section 521, 522, or 523 if the offense was
committed in furtherance or in aid of the activities of a criminal
street gang.</DELETED>

<DELETED>Subtitle B--Increased Federal Resources To Deter and Prevent
at-Risk Youth From Joining Illegal Street Gangs</DELETED>

<DELETED>SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY''
INTERSTATE GANG ACTIVITY AREAS.</DELETED>

<DELETED>    (a) Definitions.--In this section the following
definitions shall apply:</DELETED>
<DELETED>    (1) Governor.--The term ``Governor'' means a
Governor of a State or the Mayor of the District of
Columbia.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) High Intensity Interstate Gang Activity Areas.--
</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Assistance.--In order to provide Federal
assistance to high intensity interstate gang activity areas,
the Attorney General shall--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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; and</DELETED>
<DELETED>    (C) provide all necessary funding for the
operation of the criminal street gang enforcement team
in each high intensity interstate gang activity
area.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the Federal Bureau of
Investigation;</DELETED>
<DELETED>    (B) the Drug Enforcement
Administration;</DELETED>
<DELETED>    (C) the Bureau of Alcohol, Tobacco,
Firearms, and Explosives;</DELETED>
<DELETED>    (D) the United States Marshal's
Service;</DELETED>
<DELETED>    (E) the Directorate of Border and
Transportation Security of the Department of Homeland
Security;</DELETED>
<DELETED>    (F) the Department of Housing and Urban
Development;</DELETED>
<DELETED>    (G) State and local law enforcement;
and</DELETED>
<DELETED>    (H) State and local prosecutors.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the current and predicted levels of
gang crime activity in the area;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (C) the extent to which State and local
law enforcement agencies have committed resources to--
</DELETED>
<DELETED>    (i) respond to the gang crime
problem; and</DELETED>
<DELETED>    (ii) participate in a gang
enforcement team;</DELETED>
<DELETED>    (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; and</DELETED>
<DELETED>    (E) any other criteria that the Attorney
General considers to be appropriate.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--</DELETED>
<DELETED>    (1) In general.--There are authorized to be
appropriated $100,000,000 for each of the fiscal years 2004 to
2008 to carry out this section.</DELETED>
<DELETED>    (2) Use of funds.--Of amounts made available under
paragraph (1) in each fiscal year--</DELETED>
<DELETED>    (A) 60 percent shall be used to carry out
subsection (b)(2); and</DELETED>
<DELETED>    (B) 40 percent shall be used to make
grants available for community-based programs to
provide crime prevention, research, and intervention
services that are designed for gang members and at-risk
youth in areas designated pursuant to this section as
high intensity interstate gang activity
areas.</DELETED>

<DELETED>SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE
TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT
GANGS.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall expand the
Project Safe Neighborhoods program to require each United States
attorney to--</DELETED>
<DELETED>    (1) identify, investigate, and prosecute
significant criminal street gangs operating within their
district;</DELETED>
<DELETED>    (2) coordinate the identification, investigation,
and prosecution of criminal street gangs among Federal, State,
and local law enforcement agencies; and</DELETED>
<DELETED>    (3) coordinate and establish criminal street gang
enforcement teams, established under section 101(b), in high
intensity interstate gang activity areas within a United States
attorney's district.</DELETED>
<DELETED>    (b) Additional Assistant United States Attorneys for
Project Safe Neighborhoods.--</DELETED>
<DELETED>    (1) In general.--The Attorney General may hire 94
additional Assistant United States attorneys to carry out the
provisions of this section.</DELETED>
<DELETED>    (2) Authorization of appropriations.--There are
authorized to be appropriated $7,500,000 for each of the fiscal
years 2004 through 2008 to carry out this section.</DELETED>

<DELETED>SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF
INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT
CRIMINAL STREET GANGS.</DELETED>

<DELETED>    (a) Responsibilities of Attorney General.--The Attorney
General shall require the Federal Bureau of Investigation to--
</DELETED>
<DELETED>    (1) increase funding for the Safe Streets Program;
and</DELETED>
<DELETED>    (2) support the criminal street gang enforcement
teams, established under section 110(b), in designated high
intensity interstate gang activity areas.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--</DELETED>
<DELETED>    (1) In general.--In addition to amounts otherwise
authorized, there are authorized to be appropriated to the
Federal Bureau of Investigation $5,000,000 for each of the
fiscal years 2004 through 2008 to carry out the Safe Streets
Program.</DELETED>
<DELETED>    (2) Availability.--Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.</DELETED>

<DELETED>SEC. 113. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT
VIOLENT CRIME AND TO PROTECT WITNESSES AND VICTIMS OF
CRIMES.</DELETED>

<DELETED>    (a) In General.--Section 31702 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
</DELETED>
<DELETED>    (1) in paragraph (3), by striking ``and'' at the
end;</DELETED>
<DELETED>    (2) in paragraph (4), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(5) to hire additional prosecutors to--
</DELETED>
<DELETED>    ``(A) allow more cases to be prosecuted;
and</DELETED>
<DELETED>    ``(B) reduce backlogs;</DELETED>
<DELETED>    ``(6) to fund programs that enable prosecutors to
more effectively address drug, gang and youth violence, and
other violent crime problems;</DELETED>
<DELETED>    ``(7) to fund technology, equipment, and training
for prosecutors to increase the accurate identification and
successful prosecution of young violent offenders;</DELETED>
<DELETED>    ``(8) to assist prosecutors in community
prosecution, problem solving, and conflict resolution
techniques through collaborative efforts with police, school
officials, probation officers, social service agencies, and
community organizers; and</DELETED>
<DELETED>    ``(9) to create and expand witness and victim
protection programs to prevent threats, intimidation, and
retaliation against victims of, and witnesses to, violent
crimes.''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 31707 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867)
is amended to read as follows:</DELETED>

<DELETED>``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated $20,000,000 for
each of the fiscal years 2004 through 2008 to carry out this
subtitle.''.</DELETED>

<DELETED>TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT
ILLEGAL GANG CRIME</DELETED>

<DELETED>SEC. 201. MULTIPLE INTERSTATE MURDER.</DELETED>

<DELETED>    Part I of chapter 51 of title 18, United States Code, is
amended by adding at the end the following new section:</DELETED>

<DELETED>``SEC. 1123. USE OF INTERSTATE COMMERCE FACILITIES IN THE
COMMISSION OF MULTIPLE MURDER.</DELETED>

<DELETED>    ``(a) In General.--Any person who travels in or causes
another (including the intended victim) to travel in interstate or
foreign commerce, or uses or causes another (including the intended
victim) to use the mail or any facility in interstate or foreign
commerce, with intent that 2 or more murders be committed in violation
of the laws of any State or the United States, or who conspires to do
so--</DELETED>
<DELETED>    ``(1) shall be fined under this title, imprisoned
for not more than 30 years, or both;</DELETED>
<DELETED>    ``(2) if personal injury results, shall be fined
under this title, imprisoned for not more than 30 years, or
both; and</DELETED>
<DELETED>    ``(3) if death results, may be fined not more than
$250,000 under this title, and shall be punished by death or
imprisoned for any term of years or for life.</DELETED>
<DELETED>    ``(b) Definitions.--As used in this section:</DELETED>
<DELETED>    ``(1) Facility in interstate commerce.--The term
`facility in interstate commerce' includes means of
transportation and communication.</DELETED>
<DELETED>    ``(2) State.--The term `State' means each of the
several States of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.''.</DELETED>

<DELETED>SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE
OF PERSONS CHARGED WITH FIREARMS OFFENSES.</DELETED>

<DELETED>    Section 3142 of title 18, United States Code, is amended--
</DELETED>
<DELETED>    (1) in subsection (e), in the matter following
paragraph (3)--</DELETED>
<DELETED>    (A) by inserting ``an offense under
section 922(g)(1) where the underlying conviction is a
serious drug offense as defined in section 924(e)(2)(A)
of title 18, United States Code, for which a period of
not more than 10 years has elapsed since the date of
the conviction or the release of the person from
imprisonment, whichever is later, or is a serious
violent felony as defined in section 3559(c)(2)(F) of
title 18, United States Code,'' after ``that the person
committed''; and</DELETED>
<DELETED>    (B) by inserting ``or'' before ``the
Maritime''; and</DELETED>
<DELETED>    (2) in paragraph (g), by amending paragraph (1) to
read as follows:</DELETED>
<DELETED>    ``(1) the nature and circumstances of the offense
charged, including whether the offense is a crime of violence,
an offense involves a drug, firearm, explosive, or destructive
devise;''.</DELETED>

<DELETED>SEC. 203. VENUE IN CAPITAL CASES.</DELETED>

<DELETED>    Section 3235 of title 18, United States Code, is amended
to read as follows:</DELETED>
<DELETED>``Sec. 3235. Venue in capital cases</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.</DELETED>

<DELETED>    (a) In General.--Chapter 214 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3296. Violent crime offenses</DELETED>
<DELETED>    ``No person shall be prosecuted, tried, or punished for
any noncapital felony, crime of violence (as defined in section 16),
including any racketeering activity or gang crime which involves any
violent crime, unless the indictment is found or the information is
instituted not later than--</DELETED>
<DELETED>    ``(1) 10 years after the date on which the alleged
violation occurred;</DELETED>
<DELETED>    ``(2) 10 years after the date on which the
continuing offense was completed; or</DELETED>
<DELETED>    ``(3) 8 years after the date on which the alleged
violation was first discovered.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the
beginning of chapter 214 of title 18, United States Code, is amended by
adding at the end the following:</DELETED>

<DELETED>``3296. Violent crime offenses.''.

<DELETED>SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION
OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.</DELETED>

<DELETED>    Section 2516(1) of title 18, United States Code, is
amended--</DELETED>
<DELETED>    (1) in paragraph (q), by striking
``or'.'';</DELETED>
<DELETED>    (2) by redesignating paragraph (r) as paragraph
(u); and</DELETED>
<DELETED>    (3) by inserting after paragraph (q) the
following:</DELETED>
<DELETED>    ``(r) any violation of section 424 of the
Controlled Substances Act (relating to murder and other violent
crimes in furtherance of a drug trafficking crime);</DELETED>
<DELETED>    ``(s) any violation of 1123 of title 18, United
States Code (relating to interstate murder);</DELETED>
<DELETED>    ``(t) any violation of section 521, 522, or 523
(relating to criminal street gangs); or''.</DELETED>

<DELETED>SEC. 206. CLARIFICATION OF DEFINITION OF CRIME OF
VIOLENCE.</DELETED>

<DELETED>    Section 16(b) of title 18, United States Code, is amended
to read as follows:</DELETED>
<DELETED>    ``(b) any other offense that is a felony and that, by its
nature, involves a substantial risk of physical force or injury against
the person or property of another.''.</DELETED>

<DELETED>SEC. 207. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY
WRONGDOING.</DELETED>

<DELETED>    Rule 804(b)(6) of the Federal Rules of Evidence is amended
to read as follows:</DELETED>
<DELETED>    ``(6) Forfeiture by wrongdoing. A statement
offered against a party that has engaged or acquiesced in
wrongdoing or such wrongdoing was reasonably foreseeable as
part of a conspiracy of which the party was a member, that was
intended to, and did, procured the unavailability of the
declarant as a witness.''.</DELETED>

<DELETED>SEC. 208. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A
WITNESS.</DELETED>

<DELETED>    Section 1513 of title 18, United States Code, is amended
by--</DELETED>
<DELETED>    (1) redesignating subsection (e) beginning with
``Who conspires'' as subsection (f); and</DELETED>
<DELETED>    (2) adding at the end the following:</DELETED>
<DELETED>    ``(g) A prosecution under this section may be brought in
the district in which the official proceeding (whether or not pending,
about to be instituted or was completed) was intended to be affected or
was completed, or in which the conduct constituting the alleged offense
occurred.''.</DELETED>

<DELETED>SEC. 209. AMENDMENT OF SENTENCING GUIDELINES RELATING TO
CERTAIN GANG AND VIOLENT CRIMES.</DELETED>

<DELETED>    (a) Directive to the United States Sentencing
Commission.--Pursuant to its authority under section 994(p) of title
28, United States Code, and in accordance with this section, the United
States Sentencing Commission shall review and, if appropriate, amend
its guidelines and its policy statements to conform to the provisions
of this title.</DELETED>
<DELETED>    (b) Requirements.--In carrying out this section, the
Sentencing Commission shall--</DELETED>
<DELETED>    (1) establish new guidelines and policy
statements, as warranted, in order to implement new or revised
criminal offenses created under this title;</DELETED>
<DELETED>    (2) ensure that the sentencing guidelines and
policy statements reflect the serious nature of the offenses
and the penalties set forth in this title, the growing
incidence of serious gang and violent crimes, and the need to
modify the sentencing guidelines and policy statements to
deter, prevent, and punish such offenses;</DELETED>
<DELETED>    (3) consider the extent to which the guidelines
and policy statements adequately address--</DELETED>
<DELETED>    (A) whether the guideline offense levels
and enhancements for gang and violent crimes--
</DELETED>
<DELETED>    (i) are sufficient to deter and
punish such offenses; and</DELETED>
<DELETED>    (ii) are adequate in view of the
statutory increases in penalties contained in
the Act; and</DELETED>
<DELETED>    (B) whether any existing or new specific
offense characteristics should be added to reflect
congressional intent to increase gang and violent crime
penalties, punish offenders, and deter gang and violent
crime;</DELETED>
<DELETED>    (4) assure reasonable consistency with other
relevant directives and with other sentencing
guidelines;</DELETED>
<DELETED>    (5) account for any additional aggravating or
mitigating circumstances that might justify exceptions to the
generally applicable sentencing ranges;</DELETED>
<DELETED>    (6) make any necessary conforming changes to the
sentencing guidelines; and</DELETED>
<DELETED>    (7) assure that the guidelines adequately meet the
purposes of sentencing under section 3553(a)(2) of title 18,
United States Code.</DELETED>

<DELETED>SEC. 210. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN
CRIMES OF VIOLENCE AND DRUG TRAFFICKING.</DELETED>

<DELETED>    (a) In General.--Section 924(c)(1)(A) of title 18, United
States Code, is amended--</DELETED>
<DELETED>    (1) 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,'';</DELETED>
<DELETED>    (2) in clause (i), by striking ``5 years'' and
inserting ``7 years'';</DELETED>
<DELETED>    (3) by striking clause (ii);</DELETED>
<DELETED>    (4) by striking clause (iii) and inserting the
following:</DELETED>
<DELETED>    ``(ii) if the firearm is discharged, be sentenced
to a term of imprisonment of not less than 15 years'';
and</DELETED>
<DELETED>    (5) by inserting at the end the
following:</DELETED>
<DELETED>    ``(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; and</DELETED>
<DELETED>    ``(iv) if the death of a person results from the
use of the firearm, be punished by death or life
imprisonment.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 924 of title 18, United
States Code, is amended by striking subsection (o).</DELETED>

<DELETED>SEC. 211. CONFORMING AMENDMENT.</DELETED>

<DELETED>    The matter before paragraph (1) in section 922(d) of title
18, United States Code, is amended by inserting ``, transfer,'' after
``sell''.</DELETED>

<DELETED>TITLE III--JUVENILE CRIME REFORM FOR VIOLENT
OFFENDERS</DELETED>

<DELETED>SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.</DELETED>

<DELETED>    (a) In General.--Section 5032 of title 18, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 5032. Delinquency proceedings in district courts;
juveniles tried as adults; transfer for criminal
prosecution</DELETED>
<DELETED>    ``(a) Delinquency Proceedings in District Courts.--
</DELETED>
<DELETED>    ``(1) In general.--A juvenile alleged to have
committed an act of juvenile delinquency, other than a
violation of law committed within the special maritime and
territorial jurisdiction of the United States for which the
maximum authorized term of imprisonment does not exceed 6
months, shall not be proceeded against in any court of the
United States unless the Attorney General, after investigation,
certifies to the appropriate district court of the United
States that--</DELETED>
<DELETED>    ``(A) the juvenile court or other
appropriate court of a State does not have jurisdiction
or refuses to assume jurisdiction over that juvenile
with respect to such alleged act of juvenile
delinquency;</DELETED>
<DELETED>    ``(B) the State does not have available
programs and services adequate for the needs of
juveniles; or</DELETED>
<DELETED>    ``(C) there is a substantial Federal
interest in the case or the offense to warrant the
exercise of Federal jurisdiction.</DELETED>
<DELETED>    ``(2) Failure to certify.--If the Attorney General
does not certify under paragraph (1), the juvenile shall be
surrendered to the appropriate legal authorities of such
State.</DELETED>
<DELETED>    ``(3) Federal proceedings.--If an alleged juvenile
delinquent is not surrendered to the authorities of a State
pursuant to this section, any proceedings against him shall be
in an appropriate district court of the United States. For such
purposes, the court may be convened at any time and place
within the district, in chambers or otherwise. The Attorney
General shall proceed by information or as authorized under
section 3401(g) of this title, and no criminal prosecution
shall be instituted for the alleged act of juvenile delinquency
except as provided below.</DELETED>
<DELETED>    ``(b) Transfer for Federal Criminal Prosecution.--
</DELETED>
<DELETED>    ``(1) In general.--A juvenile who is alleged to
have committed an act of juvenile delinquency and who is not
surrendered to State authorities shall be proceeded against
under this chapter unless--</DELETED>
<DELETED>    ``(A) the juvenile has requested in
writing upon advice of counsel to be proceeded against
as an adult;</DELETED>
<DELETED>    ``(B) with respect to a juvenile 15 years
and older alleged to have committed an act after his
fifteenth birthday which if committed by an adult would
be a felony that is a crime of violence or an offense
described in section 401 of the Controlled Substances
Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009
of the Controlled Substances Import and Export Act (21
U.S.C. 952(a), 955, 959), or section 922(x) of this
title, or in section 924 (b), (g), or (h) of this
title, the Attorney General makes a motion to transfer
the criminal prosecution on the basis of the alleged
act in the appropriate district court of the United
States and the court finds, after hearing, such
transfer would be in the interest of justice as
provided in paragraph (2); or</DELETED>
<DELETED>    ``(C) with respect to a juvenile 13 years
and older alleged to have committed an act after his
thirteenth birthday which if committed by an adult
would be a felony that is the crime of violence under
section 113 (a), (b), (c), 1111, 1113, or, if the
juvenile possessed a firearm during the offense, an
offense under section 2111, 2113, 2241(a), or 2241(c),
the Attorney General makes a motion to transfer the
criminal prosecution on the basis of the alleged act in
the appropriate district court of the United States and
the court finds, after hearing, such transfer would be
in the interest of justice as provided in paragraph
(2).</DELETED>
<DELETED>Notwithstanding sections 1152 and 1153, no person
subject to the criminal jurisdiction of an Indian tribal
government shall be subject to subparagraph (C) for any offense
the Federal jurisdiction for which is predicated solely on
Indian country (as defined in section 1151), and which has
occurred within the boundaries of such Indian country, unless the
governing body of the tribe has elected that the preceding sentence
have effect over land and persons subject to its criminal
jurisdiction.</DELETED>
<DELETED>    ``(2) Factors.--</DELETED>
<DELETED>    ``(A) In general.--Evidence of the
following factors shall be considered, and findings
with regard to each factor shall be made in the record,
in assessing whether a transfer under subparagraph (B)
or (C) of paragraph (1) would be in the interest of
justice:</DELETED>
<DELETED>    ``(i) The age and social
background of the juvenile.</DELETED>
<DELETED>    ``(ii) The nature of the alleged
offense.</DELETED>
<DELETED>    ``(iii) The extent and nature of
the juvenile's prior delinquency
record.</DELETED>
<DELETED>    ``(iv) The juvenile's present
intellectual development and psychological
maturity. The nature of past treatment efforts
and the juvenile's response to such
efforts.</DELETED>
<DELETED>    ``(v) The availability of programs
designed to treat the juvenile's behavioral
problems.</DELETED>
<DELETED>    ``(B) Nature of the offense.--In
considering the nature of the offense, as required by
this paragraph, the court shall consider the extent to
which the juvenile played a leadership role in an
organization, or otherwise influenced other persons to
take part in criminal activities, involving the use or
distribution of controlled substances or firearms. Such
a factor, if found to exist, shall weigh in favor of a
transfer to adult status, but the absence of this
factor shall not preclude such a transfer.</DELETED>
<DELETED>    ``(C) Notice.--Reasonable notice of the
transfer hearing under subparagraph (B) or (C) of
paragraph (1) shall be given to the juvenile, the
juvenile's parents, guardian, or custodian and to the
juvenile's counsel. The juvenile shall be assisted by
counsel during the transfer hearing, and at every other
critical stage of the proceedings.</DELETED>
<DELETED>    ``(c) Mandatory Transfer of Juvenile 16 or Older.--A
juvenile who is alleged to have committed an act on or after his
sixteenth birthday which if committed by an adult would be a felony
offense that has an element thereof the use, attempted use, or
threatened use of physical force against the person of another, or
that, by its very nature, involves a substantial risk that physical
force against the person of another, or would be an offense described
in section 32, 81, 844(d), (e), (f), (h), (i), or 2275 of this title,
subsection (b)(1) (a), (b), or (c), (d) or (e) of section 401 of the
Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b)
(1), (2), or (3) of the Controlled Substances Import and Export Act (21
U.S.C. 952(a), 953, 959, 960(b) (1), (2), (3)), and who has previously
been found guilty of an act which if committed by an adult would have
been one of the offenses set forth in this paragraph or an offense in
violation of a State felony statute that would have been such an
offense if a circumstance giving rise to Federal jurisdiction had
existed, shall be transferred to the appropriate district court of the
United States for criminal prosecution.</DELETED>
<DELETED>    ``(d) Filing by United States Attorney Against Juveniles
Charged as Adults.--</DELETED>
<DELETED>    ``(1) In general.--The United States attorney may
charge as an adult a juvenile alleged to have committed an act
on or after the day the juvenile attains the age of 16 years
which if committed by an adult would be a serious violent
felony as described in section 3559 (c)(2) and
(c)(3).</DELETED>
<DELETED>    ``(2) Other offenses.--In a prosecution under this
subsection 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 a lesser included offense.</DELETED>
<DELETED>    ``(3) Reviewability.--A determination to approve
or not to approve, or to institute or not to institute, a
prosecution under this subsection shall not be reviewable in
any court.</DELETED>
<DELETED>    ``(e) Proceedings.--</DELETED>
<DELETED>    ``(1) Subsequent proceeding barred.--Once a
juvenile has entered a plea of guilty or the proceeding has
reached the stage that evidence has begun to be taken with
respect to a crime or an alleged act of juvenile delinquency
subsequent criminal prosecution or juvenile proceedings based
upon such alleged act of delinquency shall be barred.</DELETED>
<DELETED>    ``(2) Statements.--Statements made by a juvenile
prior to or during a transfer hearing under this section shall
not be admissible at subsequent criminal prosecutions except
for impeachment purposes or in a prosecution for perjury or
making a false statement.</DELETED>
<DELETED>    ``(3) Further proceedings.--Whenever a juvenile
transferred to district court under subsection (b) or (c) is
not convicted of the crime upon which the transfer was based or
another crime which would have warranted transfer had the
juvenile been initially charged with that crime, further
proceedings concerning the juvenile shall be conducted pursuant
to the provisions of this chapter.</DELETED>
<DELETED>    ``(4) Receipt of records.--A juvenile shall not be
transferred to adult prosecution under subsection (b) nor shall
a hearing be held under section 5037 (disposition after a
finding of juvenile delinquency) until any prior juvenile court
records of such juvenile have been received by the court, or
the clerk of the juvenile court has certified in writing that
the juvenile has no prior record, or that the juvenile's record
is unavailable and why it is unavailable.</DELETED>
<DELETED>    ``(5) Specific acts described.--Whenever a
juvenile is adjudged delinquent pursuant to the provisions of
this chapter, the specific acts which the juvenile has been
found to have committed shall be described as part of the
official record of the proceedings and part of the juvenile's
official record.</DELETED>
<DELETED>    ``(f) State.--For purposes of this section, the term
`State' includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--The analysis for chapter 403
of title 18, United States Code, is amended by striking the item
relating to section 5032 and inserting the following:</DELETED>

<DELETED>``5032. Delinquency proceedings in district courts; juveniles
tried as adults; transfer for criminal
prosecution.''.

<DELETED>SEC. 302. NOTIFICATION AFTER ARREST.</DELETED>

<DELETED>    Section 5033 of title 18, United States Code, is amended
in the first sentence, by striking ``immediately notify the Attorney
General and'' and inserting ``immediately, or as soon as practicable
thereafter, notify the United States attorney of the appropriate
jurisdiction and shall promptly take reasonable steps to
notify''.</DELETED>

<DELETED>SEC. 303. RELEASE AND DETENTION PRIOR TO
DISPOSITION.</DELETED>

<DELETED>    (a) Duties of Magistrate.--Section 5034 of title 18,
United States Code, is amended--</DELETED>
<DELETED>    (1) in the first undesignated paragraph, by
striking ``The magistrate shall insure'' and inserting the
following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
<DELETED>    ``(1) Representation by counsel.--The magistrate
shall ensure'';</DELETED>
<DELETED>    (2) in the second undesignated paragraph, by
striking ``The magistrate may appoint'' and inserting the
following:</DELETED>
<DELETED>    ``(2) Guardian ad litem.--The magistrate may
appoint'';</DELETED>
<DELETED>    (3) in the third undesignated paragraph, by
striking ``If the juvenile'' and inserting the
following:</DELETED>
<DELETED>    ``(b) Release Prior to Disposition.--Except as provided in
subsection (c), if the juvenile''; and</DELETED>
<DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Release of Certain Juveniles.--</DELETED>
<DELETED>    ``(1) In general.--A juvenile, who is to be tried
as an adult under section 5032, shall be released pending trial
in accordance with the applicable provisions of chapter
207.</DELETED>
<DELETED>    ``(2) Conditions.--A release under paragraph (1)
shall be conducted in the same manner, and shall be subject to
the same terms, conditions, and sanctions for violation of a
release condition, as provided for an adult under chapter
207.</DELETED>
<DELETED>    ``(d) Penalty for an Offense Committed While on Release.--
</DELETED>
<DELETED>    ``(1) In general.--A juvenile alleged to have
committed, while on release under this section, an offense
that, if committed by an adult, would be a Federal criminal
offense, shall be subject to prosecution under section
5032.</DELETED>
<DELETED>    ``(2) Applicability of certain penalties.--Section
3147 shall apply to a juvenile who is to be tried as an adult
under section 5032 for an offense committed while on release
under this section.''.</DELETED>
<DELETED>    (b) Detention Prior to Disposition.--Section 5035 of title
18, United States Code, is amended--</DELETED>
<DELETED>    (1) by striking ``A juvenile'' and inserting the
following:</DELETED>
<DELETED>    ``(a) In General.--Except as provided in subsection (b), a
juvenile''; and</DELETED>
<DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Detention of Certain Juveniles.--A juvenile who is
to be tried as an adult under section 5032 shall be subject to
detention in accordance with chapter 207.''.</DELETED>

<DELETED>SEC. 304. SPEEDY TRIAL.</DELETED>

<DELETED>    Section 5036 of title 18, United States Code, is amended
to read as follows:</DELETED>
<DELETED>``Sec. 5036. Speedy trial</DELETED>
<DELETED>    ``(a) In General.--If an alleged delinquent, who is to be
proceeded against as a juvenile pursuant to section 5032 and who is in
detention pending trial, is not brought to trial within 70 days from
the date upon which such detention began, the information shall be
dismissed on motion of the alleged delinquent or at the direction of
the court.</DELETED>
<DELETED>    ``(b) Periods of Exclusion.--The periods of exclusion
under section 3161(h) shall apply to this section.</DELETED>
<DELETED>    ``(c) Judicial Considerations.--In determining whether an
information should be dismissed with or without prejudice, the court
shall consider--</DELETED>
<DELETED>    ``(1) the seriousness of the alleged act of
juvenile delinquency;</DELETED>
<DELETED>    ``(2) the facts and circumstances of the case that
led to the dismissal; and</DELETED>
<DELETED>    ``(3) the impact of a reprosecution on the
administration of justice.''.</DELETED>

<DELETED>SEC. 305. USE OF JUVENILE RECORDS.</DELETED>

<DELETED>    Section 5038 of title 18, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED>    ``(g) In any case in which a juvenile is tried as an adult
in Federal court, the Federal criminal record of the juvenile shall be
made available in the same manner as is applicable to the Federal
criminal records of adult defendants.''.</DELETED>

<DELETED>SEC. 306. FEDERAL SENTENCING GUIDELINES.</DELETED>

<DELETED>    (a) Application of Guidelines to Certain Juvenile
Defendants.--Section 994(h) of title 28, United States Code, is amended
by inserting ``, or in which the defendant is a juvenile who is tried
as an adult,'' after ``old or older''.</DELETED>
<DELETED>    (b) Guidelines for Juvenile Cases.--Section 994 of title
28, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(z) Guidelines for Juvenile Cases.--Not later than 1
year after the date of enactment of the Act, the Commission, pursuant
to its rules and regulations and consistent with all pertinent
provisions of any Federal statute, shall promulgate and distribute, to
all courts of the United States and to the United States Probation
System, guidelines, as described in this section, for use by a
sentencing court in determining the sentence to be imposed in a
criminal case if the defendant committed the offense as a juvenile, and
is tried as an adult pursuant to section 5032 of title 18.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Gang Prevention
and Effective Deterrence Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

Sec. 100. Findings.

Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and
Punish Illegal Street Gang Activity

Sec. 101. Solicitation or recruitment of persons in criminal street
gang activity.
Sec. 102. Criminal street gangs.
Sec. 103. Violent crimes in furtherance or in aid of criminal street
gangs.
Sec. 104. Interstate and foreign travel or transportation in aid of
criminal street gangs.
Sec. 105. Amendments relating to violent crime in areas of exclusive
Federal jurisdiction.
Sec. 106. Increased penalties for use of interstate commerce facilities
in the commission of murder-for-hire and
other felony crimes of violence.
Sec. 107. Increased penalties for violent crimes in aid of racketeering
activity.
Sec. 108. Murder and other violent crimes committed during and in
relation to a drug trafficking crime.

Subtitle B--Increased Federal Resources To Deter and Prevent At-Risk
Youth From Joining Illegal Street Gangs

Sec. 110. Designation of and assistance for ``high intensity''
interstate gang activity areas.
Sec. 111. Enhancement of project safe neighborhoods initiative to
improve enforcement of criminal laws
against violent gangs.
Sec. 112. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute
violent criminal street gangs.
Sec. 113. Grants to State and local prosecutors to combat violent crime
and to protect witnesses and victims of
crimes.
Sec. 114. Reauthorize the gang resistance education and training
projects program.

TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL
GANG CRIME

Sec. 201. Multiple interstate murder.
Sec. 202. Expansion of rebuttable presumption against release of
persons charged with firearms offenses.
Sec. 203. Venue in capital cases.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Predicate crimes for authorization of interception of wire,
oral, and electronic communications.
Sec. 206. Clarification to hearsay exception for forfeiture by
wrongdoing.
Sec. 207. Clarification of venue for retaliation against a witness.
Sec. 208. Amendment of sentencing guidelines relating to certain gang
and violent crimes.
Sec. 209. Increased penalties for criminal use of firearms in crimes of
violence and drug trafficking.
Sec. 210. Possession of firearms by dangerous felons.
Sec. 211. Conforming amendment.

TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

Sec. 301. Treatment of Federal juvenile offenders.
Sec. 302. Notification after arrest.
Sec. 303. Release and detention prior to disposition.
Sec. 304. Speedy trial.
Sec. 305. Federal sentencing guidelines.

TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

SEC. 100. FINDINGS.

Congress finds that--
(1) violent crime and drug trafficking are pervasive
problems at the national, State, and local level;
(2) the crime rate is exacerbated by the association of
persons in gangs to commit acts of violence and drug offenses;
(3) according to the most recent National Drug Threat
Assessment, criminal street gangs are responsible for the
distribution of much of the cocaine, methamphetamine, heroin,
and other illegal drugs being distributed in rural and urban
communities throughout the United States;
(4) gangs commit acts of violence or drug offenses for
numerous motives, such as membership in or loyalty to the gang,
for protecting gang territory, and for profit;
(5) gang presence has a pernicious effect on the free flow
of commerce in local businesses and directly affects the
freedom and security of communities plagued by gang activity;
(6) gangs often recruit and utilize minors to engage in
acts of violence and other serious offenses out of a belief
that the criminal justice systems are more lenient on juvenile
offenders;
(7) gangs often intimidate and threaten witnesses to
prevent successful prosecutions;
(8) gang recruitment can be deterred through increased
vigilance, strong criminal penalties, equal partnerships with
State and local law enforcement, and proactive intervention
efforts, particularly targeted at juveniles, prior to gang
involvement;
(9) State and local prosecutors, in hearings before the
Committee on the Judiciary of the Senate, enlisted the help of
Congress in the prevention, investigation, and prosecution of
gang crimes and in the protection of witnesses and victims of
gang crimes; and
(10) because State and local prosecutors and law
enforcement have the expertise, experience, and connection to
the community that is needed to combat gang violence,
consultation and coordination between Federal, State, and local
law enforcement is critical to the successful prosecutions of
criminal street gangs.

Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and
Punish Illegal Street Gang Activity

SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET
GANG ACTIVITY.

Chapter 26 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 522. Recruitment of persons to participate in a criminal street
gang
``(a) Prohibited Acts.--It shall be unlawful for any person to
recruit, employ, solicit, induce, command, or cause another person to
be or remain as a member of a criminal street gang, or conspire to do
so, with the intent to cause that person to participate in an offense
described in section 521(a).
``(b) Definition.--In this section:
``(1) Criminal street gang.--The term `criminal street
gang' shall have the same meaning as in section 521(a) of this
title.
``(2) Minor.--The term `minor' means a person who is less
than 18 years of age.
``(c) Penalties.--Any person who violates subsection (a) shall--
``(1) be imprisoned not more than 5 years, fined under this
title, or both; or
``(2) if the person recruited, solicited, induced,
commanded, or caused to participate or remain in a criminal
street gang is under the age of 18--
``(A) be imprisoned for not more than 10 years,
fined under this title, or both; and
``(B) at the discretion of the sentencing judge, be
liable for any costs incurred by the Federal
Government, or by any State or local government, for
housing, maintaining, and treating the person until the
person attains the age of 18 years.''.

SEC. 102. CRIMINAL STREET GANGS.

(a) Criminal Street Gang Prosecutions.--Section 521 of title 18,
United States Code, is amended to read as follows:
``Sec. 521. Criminal street gang prosecutions
``(a) Definitions.--As used in this chapter:
``(1) Criminal street gang.--The term `criminal street
gang' means a formal or informal group, club, organization, or
association of 3 or more individuals, who individually,
jointly, or in combination, have committed or attempted to
commit for the direct or indirect benefit of, at the direction
of, in furtherance of, or in association with the group, club
organization, or association at least 2 separate acts, each of
which is a predicate gang crime, 1 of which occurs after the
date of enactment of the Gang Prevention and Effective
Deterrence Act of 2004 and the last of which occurs not later
than 10 years (excluding any period of imprisonment) after the
commission of a prior predicate gang crime, and 1 predicate
gang crime is a crime of violence or involves manufacturing,
importing, distributing, possessing with intent to distribute,
or otherwise dealing in a controlled substance or listed
chemicals (as those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) provided that the
activities of the criminal street gang affect interstate or
foreign commerce, or involve the use of any facility of, or
travel in, interstate or foreign commerce.
``(2) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) any act, threat, conspiracy, or attempted
act, which is chargeable under Federal or State law and
punishable by imprisonment for more than 1 year
involving--
``(i) murder;
``(ii) manslaughter;
``(iii) maiming;
``(iv) assault with a dangerous weapon;
``(v) assault resulting in serious bodily
injury;
``(vi) gambling;
``(vii) kidnapping;
``(viii) robbery;
``(ix) extortion;
``(x) arson;
``(xi) obstruction of justice;
``(xii) tampering with or retaliating
against a witness, victim, or informant;
``(xiii) burglary;
``(xiv) sexual assault (which means any
offense that involves conduct that would
violate chapter 109A if the conduct occurred in
the special maritime and territorial
jurisdiction);
``(xv) carjacking; or
``(xvi) manufacturing, importing,
distributing, possessing with intent to
distribute, or otherwise dealing in a
controlled substance or listed chemicals (as
those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(B) any act punishable by imprisonment for more
than 1 year under--
``(i) section 844 (relating to explosive
materials);
``(ii) section 922(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) of this title));
``(iii) subsection (a)(2), (b), (c), (g),
or (h) of section 924 (relating to receipt,
possession, and transfer of firearms);
``(iv) sections 1028 and 1029 (relating to
fraud and related activity in connection with
identification documents or access devices);
``(v) section 1503 (relating to obstruction
of justice);
``(vi) section 1510 (relating to
obstruction of criminal investigations);
``(vii) section 1512 (relating to tampering
with a witness, victim, or informant), or
section 1513 (relating to retaliating against a
witness, victim, or informant);
``(viii) section 1708 (relating to theft of
stolen mail matter);
``(ix) section 1951 (relating to
interference with commerce, robbery or
extortion);
``(x) section 1952 (relating to
racketeering);
``(xi) section 1956 (relating to the
laundering of monetary instruments);
``(xii) section 1957 (relating to engaging
in monetary transactions in property derived
from specified unlawful activity);
``(xiii) section 1958 (relating to use of
interstate commerce facilities in the
commission of murder-for-hire); or
``(xiv) sections 2312 through 2315
(relating to interstate transportation of
stolen motor vehicles or stolen property); or
``(C) any act involving the Immigration and
Nationality Act, 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).
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
``(b) Participation in Criminal Street Gangs.--It shall be
unlawful--
``(1) to commit, or conspire or attempt to commit a
predicate crime--
``(A) in furtherance or in aid of the activities of
a criminal street gang;
``(B) for the purpose of gaining entrance to or
maintaining or increasing position in such a gang; or
``(C) for the direct or indirect benefit of the
criminal street gang, or in association with the
criminal street gang; or
``(2) to employ, use, command, counsel, persuade, induce,
entice, or coerce any individual to commit, cause to commit, or
facilitate the commission of, a predicate gang crime--
``(A) in furtherance or in aid of the activities of
a criminal street gang;
``(B) for the purpose of gaining entrance to or
maintaining or increasing position in such a gang; or
``(C) for the direct or indirect benefit or the
criminal street gang, or in association with the
criminal street gang.
``(c) Penalties.--Whoever violates paragraphs (1) or (2) of
subsection (b)--
``(1) shall be fined under this title, imprisoned for not
more than 30 years, or both; and
``(2) if the violation is based on a predicate gang crime
for which the maximum penalty includes life imprisonment, shall
be fined under this title, imprisoned for any term of years or
for life, or both.
``(d) Forfeiture.--
``(1) In general.--The court, in imposing sentence on a
person who is convicted of an offense under this section, shall
order that the defendant forfeit to the United States--
``(A) any property, real or personal, constituting
or traceable to gross proceeds obtained from such
offense; and
``(B) any property used or intended to be used, in
any manner or part, to commit or to facilitate the
commission of such violation.
``(2) Criminal procedures.--The procedures set forth in
section 413 of the Controlled Substances Act (21 U.S.C. 853),
other than subsection (d) of that section, and in rule 32.2 of
the Federal Rules of Criminal Procedure, shall apply to all
stages of a criminal forfeiture proceeding under this section.
``(3) Civil procedures.--Property subject to forfeiture
under paragraph (1) may be forfeited in a civil case pursuant
to the procedures set forth in chapter 46 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 26 of title 18, United States Code, is amended to read as
follows:

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

SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL STREET
GANGS.

(a) Violent Crimes and Criminal Street Gang Recruitment.--Chapter
26 of title 18, United States Code, as amended by section 101, is
amended by adding at the end the following:
``Sec. 523. Violent crimes in furtherance or in aid of a criminal
street gang
``(a) Any person who, for the purpose of gaining entrance to or
maintaining or increasing position in, or in furtherance or in aid of,
or for the direct or indirect benefit of, or in association with a
criminal street gang, or as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of pecuniary
value to or from a criminal street gang, murders, kidnaps, sexually
assaults (which means any offense that involved conduct that would
violate chapter 109A if the conduct occurred in the special maritime
and territorial jurisdiction), maims, assaults with a dangerous weapon,
commits assault resulting in serious bodily injury upon, commits any
other crime of violence or threatens to commit a crime of violence
against any individual, or attempts or conspires to do so, shall be
punished, in addition and consecutive to the punishment provided for
any other violation of this chapter--
``(1) for murder, by death or imprisonment for any term of
years or for life, a fine under this title, or both;
``(2) for kidnapping or sexual assault, by imprisonment for
any term of years or for life, a fine under this title, or
both;
``(3) for maiming, by imprisonment for any term of years or
for life, a fine under this title, or both;
``(4) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years, a fine under this title, or both;
``(5) for any other crime of violence, by imprisonment for
not more than 20 years, a fine under this title, or both;
``(6) for threatening to commit a crime of violence
specified in paragraphs (1) through (4), by imprisonment for
not more than 10 years, a fine under this title, or both;
``(7) for attempting or conspiring to commit murder,
kidnapping, maiming, or sexual assault, by imprisonment for not
more than 30 years, a fine under this title, or both; and
``(8) for attempting or conspiring to commit a crime
involving assault with a dangerous weapon or assault resulting
in serious bodily injury, by imprisonment for not more than 20
years, a fine under this title, or both.
``(b) Definition.--In this section, the term `criminal street gang'
has the same meaning as in section 521 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 26 of title 18, United States Code, is amended by adding at the
end the following:

``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
RACKETEERING ENTERPRISES AND CRIMINAL STREET GANGS.

Section 1952 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``and thereafter performs or
attempts to perform'' and inserting ``and thereafter
performs, or attempts or conspires to perform'';
(B) by striking ``5 years'' and inserting ``10
years''; and
(C) by inserting ``punished by death or'' after
``if death results shall be'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with the intent
to kill, assault, bribe, force, intimidate, or threaten any person, to
delay or influence the testimony of, or prevent from testifying, a
witness in a State criminal proceeding and thereafter performs, or
attempts or conspires to perform, an act described in this subsection,
shall--
``(1) be fined under this title, imprisoned for any term of
years, or both; and
``(2) if death results, be punished by death or
imprisonment for any term of years or for life.''; and
(4) in subsection (c)(2), as redesignated under
subparagraph (B), by inserting ``intimidation of, or
retaliation against, a witness, victim, juror, or informant,''
after ``extortion, bribery,''.

SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF EXCLUSIVE
FEDERAL JURISDICTION.

(a) Assault Within Maritime and Territorial Jurisdiction of United
States.--Section 113(a)(3) of title 18, United States Code, is amended
by striking ``with intent to do bodily harm, and without just cause or
excuse,''.
(b) Manslaughter.--Section 1112(b) of title 18, United States Code,
is amended by--
(1) striking ``ten years'' and inserting ``20 years''; and
(2) striking ``six years'' and inserting ``10 years''.
(c) Offenses Committed Within Indian Country.--Section 1153(a) of
title 18, United States Code, is amended by inserting ``an offense for
which the maximum statutory term of imprisonment under section 1363 is
greater than 5 years,'' after ``a felony under chapter 109A,''.
(d) Racketeer Influenced and Corrupt Organizations.--Section
1961(1) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or would have
been so chargeable if the act or threat (other than lawful
forms of gambling) 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'';
and
(2) in subparagraph (B), by inserting ``section 1123
(relating to multiple interstate murder),'' after ``section
1084 (relating to the transmission of wagering information),''.
(e) Carjacking.--Section 2119 of title 18, United States Code, is
amended by striking ``, with the intent to cause death or serious
bodily harm''.
(f) Clarification of Illegal Gun Transfers To Commit Drug
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18,
United States Code, is amended to read as follows:
``(h) Illegal Transfers.--Whoever knowingly transfers a firearm,
knowing that the firearm will be used to commit, or possessed in
furtherance of, a crime of violence (as defined in subsection (c)(3))
or drug trafficking crime (as defined in subsection (c)(2)), shall be
imprisoned for not more than 10 years, fined under this title, or
both.''.
(g) Amendment of Special Sentencing Provision.--Section 3582(d) of
title 18, United States Code, is amended--
(1) by striking ``chapter 95 (racketeering) or 96
(racketeer influenced and corrupt organizations) of this
title'' and inserting ``section 521 (criminal street gangs) or
522 (violent crimes in furtherance or in aid of criminal street
gangs), in chapter 95 (racketeering) or 96 (racketeer
influenced and corrupt organizations),''; and
(2) by inserting ``a criminal street gang or'' before ``an
illegal enterprise''.
(h) Conforming Amendment Relating to Orders for Restitution.--
Section 3663(c)(4) of title 18, United States Code, is amended by
striking ``chapter 46 or chapter 96 of this title'' and inserting
``section 521, under chapter 46 or 96,''.
(i) Special Provision for Indian Country.--No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to section 3559(e) of title 18, United States Code, for any offense for
which Federal jurisdiction is solely predicated on Indian country (as
defined in section 1151 of such title 18) and which occurs within the
boundaries of such Indian country unless the governing body of such
Indian tribe elects to subject the persons under the criminal
jurisdiction of the tribe to section 3559(e) of such title 18.

SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES
IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY
CRIMES OF VIOLENCE.

Section 1958 of title 18, United States Code, is amended--
(1) by striking the header and inserting the following:
``Sec. 1958. Use of interstate commerce facilities in the commission of
murder-for-hire and other felony crimes of violence'';
and
(2) by amending subsection (a) to read as follows:
``(a) Any person who travels in or causes another (including the
intended victim) to travel in interstate or foreign commerce, or uses
or causes another (including the intended victim) to use the mail or
any facility in interstate or foreign commerce, with intent that a
murder or other felony crime of violence be committed in violation of
the laws of any State or the United States as consideration for the
receipt of, or as consideration for a promise or agreement to pay,
anything of pecuniary value, or who conspires to do so--
``(1) may be fined under this title and shall be imprisoned
not more than 20 years;
``(2) if personal injury results, may be fined under this
title and shall be imprisoned for not more than 30 years; and
``(3) if death results, may be fined not more than
$250,000, and shall be punished by death or imprisoned for any
term of years or for life, or both.''.

SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING
ACTIVITY.

Section 1959(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who, as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of pecuniary
value from an enterprise engaged in racketeering activity, or for the
purpose of gaining entrance to or maintaining or increasing position in
an enterprise engaged in racketeering activity, or in furtherance or in
aid of an enterprise engaged in racketeering activity, murders,
kidnaps, sexually assaults (which means any offense that involved
conduct that would violate chapter 109A if the conduct occurred in the
special maritime and territorial jurisdiction), maims, assaults with a
dangerous weapon, commits assault resulting in serious bodily injury
upon, or threatens to commit a crime of violence against any individual
in violation of the laws of any State or the United States, or attempts
or conspires to do so, shall be punished, in addition and consecutive
to the punishment provided for any other violation of this chapter--
``(1) for murder, by death or imprisonment for any term of
years or for life, a fine under this title, or both;
``(2) for kidnapping or sexual assault, by imprisonment for
any term of years or for life, a fine under this title, or
both;
``(3) for maiming, by imprisonment for any term of years or
for life, a fine under this title, or both;
``(4) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years, a fine under this title, or both;
``(5) for threatening to commit a crime of violence, by
imprisonment for not more than 10 years, a fine under this
title, or both;
``(6) for attempting or conspiring to commit murder,
kidnapping, maiming, or sexual assault, by imprisonment for not
more than 30 years, a fine under this title, or both; and
``(7) for attempting or conspiring to commit assault with a
dangerous weapon or assault which would result in serious
bodily injury, by imprisonment for not more than 20 years, a
fine under this title, or both.''.

SEC. 108. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN
RELATION TO A DRUG TRAFFICKING CRIME.

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

``murder and other violent crimes committed during and in relation to a
drug trafficking crime

``Sec. 424. (a) In General.--Any person who, during and in relation
to any drug trafficking crime, murders, kidnaps, sexually assaults
(which means any offense that involved conduct that would violate
chapter 109A if the conduct occurred in the special maritime and
territorial jurisdiction), maims, assaults with a dangerous weapon,
commits assault resulting in serious bodily injury upon, commits any
other crime of violence or threatens to commit a crime of violence
against, any individual, or attempts or conspires to do so, shall be
punished, in addition and consecutive to the punishment provided for
the drug trafficking crime--
``(1) in the case of murder, by death or imprisonment for
any term of years or for life, a fine under title 18, United
States Code, or both;
``(2) in the case of kidnapping or sexual assault by
imprisonment for any term of years or for life, a fine under
such title 18, or both;
``(3) in the case of maiming, by imprisonment for any term
of years or for life, a fine under such title 18, or both;
``(4) in the case of assault with a dangerous weapon or
assault resulting in serious bodily injury, by imprisonment not
more than 30 years, a fine under such title 18, or both;
``(5) in the case of committing any other crime of
violence, by imprisonment for not more than 20 years, a fine
under this title, or both;
``(6) in the case of threatening to commit a crime of
violence specified in paragraphs (1) through (4), by
imprisonment for not more than 10 years, a fine under such
title 18, or both;
``(7) in the case of attempting or conspiring to commit
murder, kidnapping, maiming, or sexual assault, by imprisonment
for not more than 30 years, a fine under such title 18, or
both; and
``(8) in the case of attempting or conspiring to commit a
crime involving assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 20 years, a fine under such title 18, or both.
``(b) Venue.--A prosecution for a violation of this section may be
brought in--
``(1) the judicial district in which the murder or other
crime of violence occurred; or
``(2) any judicial district in which the drug trafficking
crime may be prosecuted.
``(c) Applicable Death Penalty Procedures.--A defendant who has
been found guilty of an offense under this section for which a sentence
of death is provided shall be subject to the provisions of chapter 228
of title 18, United States Code.
``(d) Definitions.--As used in this section--
``(1) the term `crime of violence' has the meaning given
that term in section 16 of title 18, United States Code; and
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2) of title 18, United States
Code.''.
(b) Clerical Amendment.--The table of contents for the Controlled
Substances Act is amended by inserting after the item relating to
section 423, the following:

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

Subtitle B--Increased Federal Resources To Suppress, Deter, and Prevent
At-Risk Youth From Joining Illegal Street Gangs

SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY''
INTERSTATE GANG ACTIVITY AREAS.

(a) Definitions.--In this section the following definitions shall
apply:
(1) Governor.--The term ``Governor'' means a Governor of a
State or the Mayor of the District of Columbia.
(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).
(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. The term
``State'' shall include an ``Indian tribe'', as defined by
section 102 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a).
(b) High Intensity Interstate Gang Activity Areas.--
(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. To the extent that the
goals of a high intensity interstate gang activity area
(HIIGAA) overlap with the goals of a high intensity drug
trafficking area (HIDTA), the Attorney General may merge the 2
areas to serve as a dual-purpose entity. The Attorney General
may not make the final designation of a high intensity
interstate gang activity area without first consulting with and
receiving comment from local elected officials representing
communities within the State of the proposed designation.
(2) Assistance.--In order to provide Federal assistance to
high intensity interstate gang activity areas, the Attorney
General shall--
(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;
(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; and
(C) provide all necessary funding for the operation
of the criminal street gang enforcement team in each
high intensity interstate gang activity area.
(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--
(A) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(B) the Department of Homeland Security;
(C) the Department of Housing and Urban
Development;
(D) the Drug Enforcement Administration;
(E) the Internal Revenue Service;
(F) the Federal Bureau of Investigation;
(G) the United States Marshal's Service;
(H) the United States Postal Service;
(I) State and local law enforcement; and
(J) Federal, State and local prosecutors.
(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--
(A) the current and predicted levels of gang crime
activity in the area;
(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;
(C) the extent to which State and local law
enforcement agencies have committed resources to--
(i) respond to the gang crime problem; and
(ii) participate in a gang enforcement
team;
(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; and
(E) any other criteria that the Attorney General
considers to be appropriate.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2005 to 2009 to carry
out this section.
(2) Use of funds.--Of amounts made available under
paragraph (1) in each fiscal year--
(A) 50 percent shall be used to carry out
subsection (b)(2); and
(B) 50 percent shall be used to make grants
available for community-based programs to provide crime
prevention, research, and intervention services that
are designed for gang members and at-risk youth in
areas designated pursuant to this section as high
intensity interstate gang activity areas.
(3) Reporting requirements.--By February 1st of each year,
the Attorney General shall provide a report to Congress which
describes, for each designated high intensity interstate gang
activity area--
(A) the specific long-term and short-term goals and
objectives;
(B) the measurements used to evaluate the
performance of the high intensity interstate gang
activity area in achieving the long-term and short-term
goals;
(C) the age, composition, and membership of
``gangs'';
(D) the number and nature of crimes committed by
``gangs''; and
(E) the definition of the term ``gang'' used to
compile this report.

SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO
IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT
GANGS.

(a) In General.--While maintaining the focus of Project Safe
Neighborhoods as a comprehensive, strategic approach to reducing gun
violence in America, the Attorney General is authorized to expand the
Project Safe Neighborhoods program to require each United States
attorney to--
(1) identify, investigate, and prosecute significant
criminal street gangs operating within their district;
(2) coordinate the identification, investigation, and
prosecution of criminal street gangs among Federal, State, and
local law enforcement agencies; and
(3) coordinate and establish criminal street gang
enforcement teams, established under section 110(b), in high
intensity interstate gang activity areas within a United States
attorney's district.
(b) Additional Staff for Project Safe Neighborhoods.--
(1) In general.--The Attorney General may hire Assistant
United States attorneys, non-attorney coordinators, or
paralegals to carry out the provisions of this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated $7,500,000 for each of the fiscal years 2005
through 2009 to carry out this section.

SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF
INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT
CRIMINAL STREET GANGS.

(a) Responsibilities of Attorney General.--The Attorney General is
authorized to require the Federal Bureau of Investigation to--
(1) increase funding for the Safe Streets Program; and
(2) support the criminal street gang enforcement teams,
established under section 110(b), in designated high intensity
interstate gang activity areas.
(b) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
authorized, there are authorized to be appropriated to the
Attorney General $5,000,000 for each of the fiscal years 2005
through 2009 to carry out the Safe Streets Program.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.

SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT 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 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) to hire additional prosecutors to--
``(A) allow more cases to be prosecuted; and
``(B) reduce backlogs;
``(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; and
``(7) to create and expand witness and victim protection
programs to prevent threats, intimidation, and retaliation
against victims of, and witnesses to, violent crimes.''.
(b) Authorization of Appropriations.--Section 31707 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated
$20,000,000 for each of the fiscal years 2005 through 2009 to carry out
this subtitle.
``(b) Use of Funds.--Of the amounts made available under subsection
(a), in each fiscal year 60 percent shall be used to carry out section
31702(7) to create and expand witness and victim protection programs to
prevent threats, intimidation, and retaliation against victims of, and
witnesses to, violent crimes.''.

SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING
PROJECTS PROGRAM.

Section 32401(b) of the Violent Crime Control Act of 1994 (42
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and
inserting the following:
``(1) $20,000,000 for fiscal year 2005;
``(2) $20,000,000 for fiscal year 2006;
``(3) $20,000,000 for fiscal year 2007;
``(4) $20,000,000 for fiscal year 2008; and
``(5) $20,000,000 for fiscal year 2009.''.

TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL
GANG CRIME

SEC. 201. MULTIPLE INTERSTATE MURDER.

Chapter 51 of title 18, United States Code, is amended by adding at
the end of the new section:
``Sec. 1123. Multiple murders in furtherance of common scheme of
purpose
``(a) In General.--Whoever, having committed murder in violation of
the laws of any State or the United States, moves or travels in
interstate or foreign commerce with the intent to commit one or more
murders in violation of the laws of any State or the United States, and
thereafter commits one or more murders in violation of the laws of any
State or the United States in furtherance of a common scheme or
purpose, or who conspires to do so--
``(1) shall be fined under this title, imprisoned for not
more than 30 years, or both, for each murder; and
``(2) if death results, may be fined not more than $250,000
under this title, and shall be punished by death or imprisoned
for any term of years or for life for each murder.
``(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.''.

SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF
PERSONS CHARGED WITH FIREARMS OFFENSES.

Section 3142 of title 18, United States Code, is amended--
(1) in subsection (e), in the matter following paragraph
(3)--
(A) by inserting ``an offense under section
922(g)(1) where the underlying conviction is a serious
drug offense as defined in section 924(e)(2)(A) of
title 18, United States Code, for which a period of not
more than 10 years has elapsed since the date of the
conviction or the release of the person from
imprisonment, whichever is later, or is a serious
violent felony as defined in section 3559(c)(2)(F) of
title 18, United States Code,'' after ``that the person
committed''; and
(B) by inserting ``or'' before ``the Maritime'';
(2) in subsection (f)(1)--
(A) in subparagraph (C), by striking ``or'' at the
end; and
(B) by adding at the end the following:
``(E) an offense under section 922(g); or''; and
(3) in subsection (g), by amending paragraph (1) to read as
follows:
``(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, or
involves a drug, firearm, explosive, or destructive devise;''.

SEC. 203. VENUE IN CAPITAL CASES.

Section 3235 of title 18, United States Code, is amended to read as
follows:
``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.
``(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.''.

SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

(a) In General.--Chapter 214 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3297. Violent crime offenses
``Except as otherwise expressly provided by law, no person shall be
prosecuted, tried, or punished for any noncapital felony, crime of
violence (as defined in section 16), including any racketeering
activity or gang crime which involves any violent crime, unless the
indictment is found or the information is instituted by the later of--
``(1) 10 years after the date on which the alleged
violation occurred;
``(2) 10 years after the date on which the continuing
offense was completed; or
``(3) 8 years after the date on which the alleged violation
was first discovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 214 of title 18, United States Code, is amended by adding at
the end the following:

``3296. Violent crime offenses.''.

SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS.

Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (q), by striking ``or'.'';
(2) by redesignating paragraph (r) as paragraph (u); and
(3) by inserting after paragraph (q) the following:
``(r) any violation of section 424 of the Controlled
Substances Act (relating to murder and other violent crimes in
furtherance of a drug trafficking crime);
``(s) any violation of 1123 of title 18, United States Code
(relating to multiple interstate murder);
``(t) any violation of section 521, 522, or 523 (relating
to criminal street gangs); or''.

SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY
WRONGDOING.

Rule 804(b)(6) of the Federal Rules of Evidence is amended to read
as follows:
``(6) Forfeiture by wrongdoing. A statement offered against
a party that has engaged, acquiesced, or conspired, in
wrongdoing that was intended to, and did, procure the
unavailability of the declarant as a witness.''.

SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.

Section 1513 of title 18, United States Code, is amended by--
(1) redesignating subsection (e) beginning with ``Whoever
conspires'' as subsection (f); and
(2) adding at the end the following:
``(g) A prosecution under this section may be brought in the
district in which the official proceeding (whether or not pending,
about to be instituted or was completed) was intended to be affected or
was completed, or in which the conduct constituting the alleged offense
occurred.''.

SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN GANG
AND VIOLENT CRIMES.

(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 28, United States Code,
and in accordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend its guidelines and
its policy statements to conform to the provisions of title I and this
title.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) establish new guidelines and policy statements, as
warranted, in order to implement new or revised criminal
offenses created under this title;
(2) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses and the
penalties set forth in this title, the growing incidence of
serious gang and violent crimes, and the need to modify the
sentencing guidelines and policy statements to deter, prevent,
and punish such offenses;
(3) consider the extent to which the guidelines and policy
statements adequately address--
(A) whether the guideline offense levels and
enhancements for gang and violent crimes--
(i) are sufficient to deter and punish such
offenses; and
(ii) are adequate in view of the statutory
increases in penalties contained in the Act;
and
(B) whether any existing or new specific offense
characteristics should be added to reflect
congressional intent to increase gang and violent crime
penalties, punish offenders, and deter gang and violent
crime;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(5) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(6) make any necessary conforming changes to the sentencing
guidelines; and
(7) assure that the guidelines adequately meet the purposes
of sentencing under section 3553(a)(2) of title 18, United
States Code.

SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF
VIOLENCE AND DRUG TRAFFICKING.

(a) In General.--Section 924(c)(1)(A) of title 18, United States
Code, is amended--
(1) 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'';
(2) in clause (i), by striking ``5 years'' and inserting
``7 years''; and
(3) by striking clause (ii).
(b) Conforming Amendment.--Section 924 of title 18, United States
Code, is amended--
(1) in subsection (c), by striking paragraph (4); and
(2) by striking subsection (o).

SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

(a) In General.--Section 924(e) of title 18, United States Code, is
amended to read as follows:
``(e)(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) for a violent felony or a serious drug offense
shall--
``(A) in the case of 1 such prior conviction, where a
period of not more than 10 years has elapsed since the date of
conviction or release of the person from imprisonment for that
conviction, be subject to imprisonment for not more than 15
years, a fine under this title, or both;
``(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 date of conviction or
release of the person from imprisonment for that conviction, be
subject to imprisonment for not more than 20 years, a fine
under this title, or both; and
``(C) in the case of 3 such prior convictions, committed on
occasions different from one another, be subject to
imprisonment for not less than 15 years, a fine under this
title, or both, 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).
``(2) As used in this subsection--
``(A) the term `serious drug offense' means--
``(i) an offense under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.), punishable by a maximum term of imprisonment
of not less than 10 years; or
``(ii) an offense under State law, involving
manufacturing, distributing, or possessing with intent
to manufacture or distribute, a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), punishable by a maximum term of
imprisonment of not less than 10 years;
``(B) the term `violent felony' means any crime punishable
by a term of imprisonment exceeding 1 year, or any act of
juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable
by a maximum term of imprisonment for such term if committed by
an adult, that--
``(i) has, as an element of the crime or act, the
use, attempted use, or threatened use of physical force
against the person of another; or
``(ii) is burglary, arson, or extortion, involves
the use of explosives, or otherwise involves conduct
that presents a serious potential risk of physical
injury to another; and
``(C) the term `conviction' includes a finding that a
person has committed an act of juvenile delinquency involving a
violent felony.''.
(b) Amendment to Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing Guidelines to
provide for an appropriate increase in the offense level for violations
of section 922(g) of title 18, United States Code, in accordance with
section 924(e) of such title 18, as amended by subsection (a).

SEC. 211. CONFORMING AMENDMENT.

The matter before paragraph (1) in section 922(d) of title 18,
United States Code, is amended by inserting ``, transfer,'' after
``sell''.

TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

(a) In General.--Section 5032 of title 18, United States Code, is
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles
tried as adults; transfer for criminal prosecution
``(a) Delinquency Proceedings in District Courts.--
``(1) In general.--A juvenile alleged to have committed an
act of juvenile delinquency, other than a violation of law
committed within the special maritime and territorial
jurisdiction of the United States for which the maximum
authorized term of imprisonment does not exceed 6 months, shall
not be proceeded against in any court of the United States
unless the Attorney General, after investigation, certifies to
the appropriate district court of the United States that--
``(A) the juvenile court or other appropriate court
of a State does not have jurisdiction or refuses to
assume jurisdiction over that juvenile with respect to
such alleged act of juvenile delinquency;
``(B) the State does not have available programs
and services adequate for the needs of juveniles; or
``(C) the offense charged is a crime of violence
that is a felony or an offense described in section 401
of the Controlled Substances Act (21 U.S.C. 841),
section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2),
or (3) of the Controlled Substances Import and Export
Act (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2),
(3)), section 922(x), or section 924 (b), (g), or (h)
of this title, and there is a substantial Federal
interest in the case or the offense to warrant the
exercise of Federal jurisdiction.
``(2) Failure to certify.--If the Attorney General does not
certify under paragraph (1), the juvenile shall be surrendered
to the appropriate legal authorities of such State.
``(3) Federal proceedings.--If an alleged juvenile
delinquent is not surrendered to the authorities of a State
pursuant to this section, any proceedings against him shall be
in an appropriate district court of the United States. For such
purposes, the court may be convened at any time and place
within the district, in chambers or otherwise. The Attorney
General shall proceed by information or as authorized under
section 3401(g) of this title, and no criminal prosecution
shall be instituted for the alleged act of juvenile delinquency
except as provided below.
``(b) Transfer for Federal Criminal Prosecution.--
``(1) In general.--A juvenile who is alleged to have
committed an act of juvenile delinquency and who is not
surrendered to State authorities shall be proceeded against
under this chapter unless--
``(A) the juvenile has requested in writing upon
advice of counsel to be proceeded against as an adult;
``(B) with respect to a juvenile 15 years and older
alleged to have committed an act after his fifteenth
birthday which if committed by an adult would be a
felony that is a crime of violence or an offense
described in section 401 of the Controlled Substances
Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009
of the Controlled Substances Import and Export Act (21
U.S.C. 952(a), 955, 959), or section 922(x) of this
title, or in section 924 (b), (g), or (h) of this
title, the Attorney General makes a motion to transfer
the criminal prosecution on the basis of the alleged
act in the appropriate district court of the United
States and the court finds, after hearing, such
transfer would be in the interest of justice as
provided in paragraph (2); or
``(C) with respect to a juvenile 13 years and older
alleged to have committed an act after his thirteenth
birthday which if committed by an adult would be a
felony that is the crime of violence under section 113
(a), (b), (c), 1111, 1113, or, if the juvenile
possessed a firearm during the offense, an offense
under section 2111, 2113, 2241(a), or 2241(c), the
Attorney General makes a motion to transfer the
criminal prosecution on the basis of the alleged act in
the appropriate district court of the United States and
the court finds, after hearing, such transfer would be
in the interest of justice as provided in paragraph
(2).
Notwithstanding sections 1152 and 1153, no person subject to
the criminal jurisdiction of an Indian tribal government shall
be subject to subparagraph (C) for any offense the Federal
jurisdiction for which is predicated solely on Indian country
(as defined in section 1151), and which has occurred within the
boundaries of such Indian country, unless the governing body of
the tribe has elected that the preceding sentence have effect
over land and persons subject to its criminal jurisdiction.
``(2) Factors.--
``(A) In general.--Evidence of the following
factors shall be considered, and findings with regard
to each factor shall be made in the record, in
assessing whether a transfer under subparagraph (B) or
(C) of paragraph (1), and paragraph (4) of subsection
(d), would be in the interest of justice:
``(i) The age and social background of the
juvenile.
``(ii) The nature of the alleged offense,
including the extent to which the juvenile
played a leadership role in an organization, or
otherwise influenced other persons to take part
in criminal activities.
``(iii) Whether prosecution of the juvenile
as an adult would protect public safety.
``(iv) The extent and nature of the
juvenile's prior delinquency record.
``(v) The juvenile's present intellectual
development and psychological maturity.
``(vi) The nature of past treatment efforts
and the juvenile's response to such efforts.
``(vii) The availability of programs
designed to treat the juvenile's behavioral
problems.
``(B) Nature of the offense.--In considering the
nature of the offense, as required by this paragraph,
the court shall consider the extent to which the
juvenile played a leadership role in an organization,
or otherwise influenced other persons to take part in
criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor, if
found to exist, shall weigh in favor of a transfer to
adult status, but the absence of this factor shall not
preclude such a transfer.
``(C) Notice.--Reasonable notice of the transfer
hearing under subparagraph (B) or (C) of paragraph (1)
shall be given to the juvenile, the juvenile's parents,
guardian, or custodian and to the juvenile's counsel.
The juvenile shall be assisted by counsel during the
transfer hearing, and at every other critical stage of
the proceedings.
``(c) Mandatory Transfer of Juvenile 16 or Older.--A juvenile who
is alleged to have committed an act on or after his sixteenth birthday,
which if committed by an adult would be a felony offense, that has an
element thereof the use, attempted use, or threatened use of physical
force against the person of another, or that, by its very nature,
involves a substantial risk that physical force against the person of
another, may be used in committing the offense or would be an offense
described in section 32, 81, or 2275 or subsection (d), (e), (f), (h),
or (i) of section 844 of this title, subsection (d) or (e) or
subparagraphs (A), (B), (C), (D), or (E) of subsection (b)(1) of
section 401 of the Controlled Substances Act, or section 1002(a), 1003,
or 1009, or paragraphs (1), (2), or (3) of section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953,
959, 960(b) (1), (2), and (3)), and who has previously been found
guilty of an act which if committed by an adult would have been one of
the offenses set forth in this subsection or subsection (b), or an
offense in violation of a State felony statute that would have been
such an offense if a circumstance giving rise to Federal jurisdiction
had existed, shall be transferred, upon notification by the United
States, to the appropriate district court of the United States for
criminal prosecution.
``(d) Sixteen and Seventeen Year Olds Charged With the Most Serious
Violent Felonies.--
``(1) In general.--Notwithstanding any other provision of
law, a juvenile may be prosecuted as an adult if the juvenile
is alleged to have committed, conspired, solicited or attempted
to commit, on or after the day the juvenile attains the age of
16 any offense involving--
``(A) murder;
``(B) manslaughter;
``(C) assault with intent to commit murder;
``(D) sexual assault (which means any offense that
involves conduct that would violate chapter 109A if the
conduct occurred in the special maritime and
territorial jurisdiction);
``(E) robbery (as described in section 2111, 2113,
or 2118);
``(F) carjacking with a dangerous weapon;
``(G) extortion;
``(H) arson;
``(I) firearms use;
``(J) firearms possession (as described in section
924(c);
``(K) drive-by shooting;
``(L) kidnapping;
``(M) maiming;
``(N) assault resulting in serious bodily injury;
or
``(O) obstruction of justice (as described in
1512(a)(1)) on or after the day the juvenile attains
the age of 16.
``(2) Other offenses.--In a prosecution under this
subsection 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 a lesser included offense.
``(3) Reviewability.--Except as otherwise provided by this
subsection, a determination to approve or not to approve, or to
institute or not to institute, a prosecution under this
subsection shall not be reviewable in any court.
``(4) Prosecution.--(A) In any prosecution of a juvenile
under this subsection, upon motion of the defendant, the court
in which the criminal charges have been filed shall after a
hearing determine whether to issue an order that the defendant
should be transferred to juvenile status.
``(B) A motion by a defendant under this paragraph shall
not be considered unless filed no later than 30 days after the
date on which the defendant initially appears through counsel
or expressly waives the right to counsel and elects to proceed
pro se.
``(C) The court shall not order the transfer of a defendant
to juvenile status under this paragraph unless the defendant
establishes by clear and convincing evidence that removal to
juvenile status would be in the interest of justice. In making
a determination under this paragraph, the court shall consider
the factors specified in subsection (b)(2) of this section.
``(5) Order.--An order of the court made in ruling on a
motion by a defendant to transfer a defendant to juvenile
status under this subsection shall not be a final order for the
purpose of enabling an appeal, except that an appeal by the
United States shall lie to a court of appeals pursuant to
section 3731 of this title from an order of a district court
removing a defendant to juvenile status. Upon receipt of a
notice of appeal of an order under this paragraph, a court of
appeals shall hear and determine the appeal on an expedited
basis. The court of appeals shall give due regard to the
opportunity of the district court to judge the credibility of
the witnesses, and shall accept the findings of fact of the
district court unless they are clearly erroneous, and the court
of appeals shall review de novo the district court's
application of the law to the facts.
``(e) Sixteen and Seventeen Year Olds Charged With Other Serious
Violent Felonies.--
``(1) In general.--Except as provided by subsection (d), a
juvenile may be prosecuted as an adult if the juvenile is
alleged to have committed an act on or after the day the
juvenile attains the age of 16 which is committed by an adult
would be a serious violent felony as described in paragraphs
(2) and (3) of section 3559(a).
``(2) Other offenses.--In a prosecution under this
subsection 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 a lesser included offense.
``(3) Reviewability.--Except as otherwise provided by this
subsection, a determination to approve or not to approve, or to
institute or not to institute, a prosecution under this
subsection shall not be reviewable in any court.
``(4) Prosecution.--(A) In any prosecution of a juvenile
under this subsection, upon motion of the defendant, the court
in which the criminal charges have been filed shall after a
hearing determine whether to issue an order that the defendant
should be transferred to juvenile status.
``(B) A motion by a defendant under this paragraph shall
not be considered unless filed no later than 30 days after the
date on which the defendant initially appears through counsel
or expressly waives the right to counsel and elects to proceed
pro se.
``(C) The court shall not order the transfer of a defendant
to juvenile status under this paragraph unless the defendant
establishes by clear and convincing evidence that removal to
juvenile status would be in the interest of justice. In making
a determination under this paragraph, the court shall consider
the factors specified in subsection (b)(2) of this section.
``(5) Order.--An order of the court made in ruling on a
motion by a defendant to transfer a defendant to juvenile
status under this subsection shall be a final order for the
purpose of enabling an appeal. Upon receipt of a notice of
appeal of an order under this paragraph, a court of appeals
shall hear and determine the appeal on an expedited basis. The
court of appeals shall give due regard to the opportunity of
the district court to judge the credibility of the witnesses,
and shall accept the findings of fact of the district court
unless they are clearly erroneous, and the court of appeals
shall review de novo the district court's application of the
law to the facts.
``(f) Proceedings.--
``(1) Subsequent proceeding barred.--Once a juvenile has
entered a plea of guilty or the proceeding has reached the
stage that evidence has begun to be taken with respect to a
crime or an alleged act of juvenile delinquency subsequent
criminal prosecution or juvenile proceedings based upon such
alleged act of delinquency shall be barred.
``(2) Statements.--Statements made by a juvenile prior to
or during a transfer hearing under this section shall not be
admissible at subsequent criminal prosecutions except for
impeachment purposes or in a prosecution for perjury or making
a false statement.
``(3) Further proceedings.--Whenever a juvenile transferred
to district court under subsection (b) or (c) is not convicted
of the crime upon which the transfer was based or another crime
which would have warranted transfer had the juvenile been
initially charged with that crime, further proceedings
concerning the juvenile shall be conducted pursuant to the
provisions of this chapter.
``(4) Receipt of records.--A juvenile shall not be
transferred to adult prosecution under subsection (b) nor shall
a hearing be held under section 5037 (disposition after a
finding of juvenile delinquency) until any prior juvenile court
records of such juvenile have been received by the court, or
the clerk of the juvenile court has certified in writing that
the juvenile has no prior record, or that the juvenile's record
is unavailable and why it is unavailable.
``(5) Specific acts described.--Whenever a juvenile is
adjudged delinquent pursuant to the provisions of this chapter,
the specific acts which the juvenile has been found to have
committed shall be described as part of the official record of
the proceedings and part of the juvenile's official record.
``(g) State.--For purposes of this section, the term `State'
includes a State of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the United States.''.
(b) Conforming Amendments.--The analysis for chapter 403 of title
18, United States Code, is amended by striking the item relating to
section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as
adults; transfer for criminal
prosecution.''.

SEC. 302. NOTIFICATION AFTER ARREST.

Section 5033 of title 18, United States Code, is amended in the
first sentence, by striking ``immediately notify the Attorney General
and'' and inserting ``immediately, or as soon as practicable
thereafter, notify the Attorney General and shall promptly take
reasonable steps to notify''.

SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSITION.

(a) Duties of Magistrate Judge.--Section 5034 of title 18, United
States Code, is amended--
(1) in the first undesignated paragraph, by striking ``The
magistrate judge shall insure'' and inserting the following:
``(a) In General.--
``(1) Representation by counsel.--The magistrate judge
shall ensure'';
(2) in the second undesignated paragraph, by striking ``The
magistrate judge may appoint'' and inserting the following:
``(2) Guardian ad litem.--The magistrate judge may
appoint'';
(3) in the third undesignated paragraph, by striking ``If
the juvenile'' and inserting the following:
``(b) Release Prior to Disposition.--Except as provided in
subsection (c), if the juvenile''; and
(4) by adding at the end the following:
``(c) Release of Certain Juveniles.--
``(1) In general.--A juvenile, who is to be tried as an
adult under section 5032, shall be released pending trial in
accordance with the applicable provisions of chapter 207.
``(2) Conditions.--A release under paragraph (1) shall be
conducted in the same manner, and shall be subject to the same
terms, conditions, and sanctions for violation of a release
condition, as provided for an adult under chapter 207.
``(d) Penalty for an Offense Committed While on Release.--
``(1) In general.--A juvenile alleged to have committed,
while on release under this section, an offense that, if
committed by an adult, would be a Federal criminal offense,
shall be subject to prosecution under section 5032.
``(2) Applicability of certain penalties.--Section 3147
shall apply to a juvenile who is to be tried as an adult under
section 5032 for an offense committed while on release under
this section.''.
(b) Detention Prior to Disposition.--Section 5035 of title 18,
United States Code, is amended--
(1) by striking ``A juvenile'' and inserting the following:
``(a) In General.--Except as provided in subsection (b), a
juvenile''; and
(2) by adding at the end the following:
``(b) Detention of Certain Juveniles.--A juvenile who is to be
tried as an adult under section 5032 shall be subject to detention in
accordance with chapter 207.''.

SEC. 304. SPEEDY TRIAL.

Section 5036 of title 18, United States Code, is amended to read as
follows:
``Sec. 5036. Speedy trial
``(a) In General.--If an alleged delinquent, who is to be proceeded
against as a juvenile pursuant to section 5032 and who is in detention
pending trial, is not brought to trial within 70 days from the date
upon which such detention began, the information shall be dismissed on
motion of the alleged delinquent or at the direction of the court.
``(b) Periods of Exclusion.--The periods of exclusion under section
3161(h) shall apply to this section.
``(c) Judicial Considerations.--In determining whether an
information should be dismissed with or without prejudice, the court
shall consider--
``(1) the seriousness of the alleged act of juvenile
delinquency;
``(2) the facts and circumstances of the case that led to
the dismissal; and
``(3) the impact of a reprosecution on the administration
of justice.''.

SEC. 305. FEDERAL SENTENCING GUIDELINES.

(a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting
``, or in which the defendant is a juvenile who is tried as an adult,''
after ``old or older''.
(b) Guidelines for Juvenile Cases.--Section 994 of title 28, United
States Code, is amended by adding at the end the following:
``(z) Guidelines for Juvenile Cases.--Not later than May 1, 2006,
the Commission, pursuant to its rules and regulations and consistent
with all pertinent provisions of any Federal statute, shall promulgate
and distribute, to all courts of the United States and to the United
States Probation System, guidelines, as described in this section, for
use by a sentencing court in determining the sentence to be imposed in
a criminal case if the defendant committed the offense as a juvenile,
and is tried as an adult pursuant to section 5032 of title 18.''.

Calendar No. 608

108th CONGRESS

2d Session

S. 1735

_______________________________________________________________________

A BILL

To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to reform and facilitate prosecution of juvenile gang
members who commit violent crimes, to expand and improve gang
prevention programs, and for other purposes.

_______________________________________________________________________

July 6, 2004

Reported with an amendment