Federal Gang Bill updated 06-27-08 NEW
COSPNSR: Rep Mary Bono [CA-45], Rep Dennis A. Cardoza
[CA-18], Rep Steve Cohen [TN-9], Rep Phil English [PA-3] , Rep Grace F.
Napolitano [CA-38], Rep Ileana Ros-Lehtinen [FL-18], Rep Mark Udall [CO-2]
Rep Henry C. "Hank," Jr. Johnson [GA-4], Rep Todd
Tiahrt [KS-4], Rep Albert Russell Wynn [MD-4]
Rep Vern Buchanan [FL-13], Rep Sheila Jackson-Lee [TX-18], Rep Patrick J. Murphy
[PA-8]
Rep Cathy McMorris Rodgers [WA-5], Rep Brian P. Bilbray [CA-50] Rep Harry E.
Mitchell [AZ-5],
Rep Jim Costa [CA-20]
Senate Sponsor: Sen. Dianne Feinstein [CA]
COSPNSR: Sen Max Baucus [MT] Sen Joseph R. Biden, Jr. [DE] Sen Sherrod Brown [OH] Sen Maria Cantwell [WA] Sen Robert P. Casey, Jr. [PA] Sen Hillary Rodham Clinton [NY] Sen Norm Coleman [MN] Sen, John Cornyn [TX] Sen Elizabeth Dole [NC] Sen Orrin G. Hatch [UT] Sen Herb Kohl [WI] Sen Jon Kyl [AZ] Sen Blanche L. Lincoln [AR] Sen Barbara A. Mikulski [MD] Sen Patty Murray [WA] Sen Mark L. Pryor [AR], Sen Ken Salazar [CO], Sen Charles E. Schumer [NY] Sen Arlen Specter [PA], Sen Ted Stevens [AK], Sen John Warner [VA], Sen Barbara Boxer [CA], Sen Robert Menendez [NJ], Sen Richard Durbin [IL], Sen Frank R. Lautenberg [NJ],Sen Edward Kennedy, M. [MA] Sen Pete V. Domenici [NM], Sen Kay Bailey Hutchison [TX] , Sen Lisa Murkowski [AK], Sen John F. Kerry [MA], Sen Pat Roberts [KS], Sen Tim Johnson [SD], Sen Daniel K. Akaka [HI], Sen Jim Webb [VA] Sen Jeff Bingaman [NM], Sen Daniel K. Inouye [HI], Sen Bill Nelson [FL], Sen Mel Martinez [FL], Sen Evan Bayh, [IN] Sen Jon Tester [MT], Sen Mary L. Landrieu [LA], Sen Joseph I. Lieberman [CT], Sen Christopher J. Dodd [CT], Sen Chuck Hagel [NE]
H.R.1582 Status:
3/20/2007: Referred to the House Committee on the Judiciary.
4/20/2007: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
S.456 Status:
1/31/2007: Introductory remarks on measure. (CR S1434-1436)
1/31/2007: Read twice and referred to the Committee on the Judiciary.
6/5/2007: Senate committee/subcommittee actions.
Committee on the Judiciary. Hearings held.
6/14/2007:Committee on the Judiciary. Ordered to be reported with amendments favorably.
7/30/2007:Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
7/30/2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 290.
9/21/2007:Measure laid before Senate by unanimous consent. (consideration: CR S11954-11965; text of measure as reported in Senate: CR S11955-11964)
9/21/2007:S.AMDT.3022
Amendment SA 3022 proposed by Senator Casey for Senator Feinstein.
(consideration: CR
S11965; text: CR
S11965)
Of a perfecting nature.
9/21/2007: S.AMDT.3022 Amendment SA 3022 agreed to in Senate by Unanimous Consent.
9/21/2007:The committee substitute as amended agreed to by Unanimous Consent.
9/21/2007: Passed Senate with an amendment by Unanimous Consent.
9/24/2007 7:19pm: Received in the House.
9/24/2007: Message on Senate action sent to the House.
9/24/2007:Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
9/24/2007: Referred to House Judiciary
9/24/2007: Referred to House Energy and Commerce
9/24/2007: Referred to House Education and Labor
10/17/2007: Referred to the Subcommittee on Healthy Families and Communities.
RELATED BILLS
House Sponsor: Rep Adam B. Schiff, [CA-29]
COSPNSR: Rep Mary Bono [CA-45], Rep Jerry McNerney [CA-11], Rep Nick Lampson [TX-22], Rep Michael A. Arcuri [NY-24], Rep Ben Chandler [KY-6] Rep Elijah E. Cummings [MD-7] (withdrawn - 10/30/2007), Rep Robert Wexler [FL-19], Rep Grace F. Napolitano [CA-38], Rep Sheila Jackson-Lee [TX-18] (withdrawn - 10/30/2007), Rep Dennis A. Cardoza [CA-18], Rep David Scott [GA-13] (withdrawn - 10/30/2007), Rep Darrell E. Issa [CA-49], Rep Steve Cohen [TN-9], Rep Patrick J. Murphy [PA-8], Rep Doris O. Matsui [CA-5] Rep Elton Gallegly [CA-24], Rep Anthony D. Weiner [NY-9], Rep Artur Davis [AL-7], Rep Debbie Wasserman Schultz [FL-20], Rep Brad Sherman [CA-27], Rep Cathy McMorris Rodgers [WA-5], Rep Albert Russell Wynn [MD-4] (withdrawn - 10/30/2007), Rep Sanford D. Bishop Jr.[GA-2] (withdrawn - 10/30/2007), Rep Phil English [PA-3], Rep Sam Farr [CA-17]. Rep Harry E. Mitchell [AZ-5] , Rep Jim Costa [CA-20],Rep Jane Harman [CA-36], Rep Melissa L. Bean [IL-8], Rep Ken Calvert [CA-44], Rep Corrine Brown [FL-3], Rep Louise McIntosh Slaughter [NY-28] Rep Lucille Roybal-Allard [CA-34] , Rep Linda T. Sanchez [CA-39], Rep Hilda L. Solis [CA-32], Rep Howard L. Berman [CA-28] Rep Peter T. King [NY-3] 6/5/2008
9/17/2007:Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
9/17/2007: Referred to House Judiciary
9/17/2007: Referred to House Education and Labor
10/17/2007: Referred to the Subcommittee on Healthy Families and Communities.
Reported in Senate July 30, 2007 http://thomas.loc.gov/cgi-bin/query/D?c110:8:./temp/~c110a1pf0x::
WORDING CHANGES SUBMITTED TO SENATE IN RED: [previous wording below]
Sec. 521. Definitions
`In this chapter:
`(1) CRIMINAL STREET GANG - The term `criminal street gang' means a formal or informal group, organization, or association of 5 or more individuals--
`(A) each of whom has committed at least 1 gang crime; and
`(B) who collectively commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).
`(2) GANG CRIME- The term `gang crime' means an offense under Federal law punishable by imprisonment for more than 1 year, or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more in any of the following categories:
`(A) A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion.
`(B) A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.
`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
`(D) Any conduct punishable under--
`(i) section 844 (relating to explosive materials);
`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);
`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);
`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);
`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);
`(vi) sections 1028 and 1029 (relating to fraud, identity theft, and related activity in connection with identification documents or access devices);
`(vii) section 1084 (relating to transmission of wagering information);
`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);
`(ix) section 1956 (relating to the laundering of monetary instruments);
`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); or
`(xi) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).
`(E) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes) of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).
`(F) Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).
`(a) Street Gang Crime- It shall be unlawful for any person to knowingly commit, or conspire, threaten, or attempt to commit, a gang crime for the purpose of furthering the activities of a criminal street gang , or gaining entrance to or maintaining or increasing position in a criminal street gang , if the activities of that criminal street gang occur in or affect interstate or foreign commerce.
WORDING
`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group or association of 5 or more individuals, who commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in 3 or more separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).
`(2) GANG CRIME- The term `gang crime' means a felony offense under Federal or State law punishable by imprisonment for more than 1 year, in any of the following categories:
`(A) A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, or extortion.
`(B) A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.
`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
`(D) Any conduct punishable under--
`(i) section 844 (relating to explosive materials);
`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);
`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);
`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);
`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);
`(vi) sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices);
`(vii) section 1084 (relating to transmission of wagering information);
`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);
`(ix) section 1956 (relating to the laundering of monetary instruments);
`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); or
`(xi) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).
`(E) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes) of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).
`(F) Any crime involving aggravated sexual abuse, pimping or promoting prostitution, obscenity (including sections 1461 through 1465), sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).