Gang Deterrence: A Legal Analysis of H.R. 1279 With References to S. 155 (CRS Report for Congress)
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| Release Date |
June 9, 2005 |
| Report Number |
RL32946 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The Gang Deterrence and Community Protection Act of 2005, H.R. 1279 as passed by
the House, among other things, would dramatically increase the criminal penalties that follow as a
consequence of a conviction for violent crimes, including gang offenses. It would expand the
instances where juveniles charged with federal crimes of violence can be tried as adults and would
authorize the establishment of criminal street gang enforcement teams.
More precisely, it would establish either longer maximum prison terms or mandatory minimum
terms (or both) for federal street gang offenses, Travel Act violations, carjacking, use of a firearm
during and in relation to a crime of violence or of drug trafficking, conspiracy, murder and other
crimes of violence for hire or in aid of racketeering, multiple interstate murders, use of weapons to
commit a crime of violence, and the commission of crimes of violence by illegal aliens.
It also contains a number of procedural amendments which would expand inmate isolation
orders; would tighten preventive detention procedures in firearms cases; would ease venue
requirements in cases of violence in aid of racketeering, of crimes of violence during and in relation
to drug trafficking, and in capital cases; would lengthen the statute of limitations for federal crimes
of violence; would expand the "wrongdoer" hearsay exception (in civil and criminal
cases) to reach
those who could foresee the wrongdoing; and would permit the prosecution as adults of 16- and
17-year-olds charged with certain violent crimes without a prior transfer hearing.
In addition, it would enlarge the list of racketeering predicates to include misconduct that would
have constituted a state crime racketeering predicate had it not been committed within a federal
enclave; would add drug trafficking crimes to the general definition of crimes of violence; would
authorize a publicity campaign to herald the act's penalty enhancements; would call for
information
relating to illegal aliens to be added to FBI's databases; would direct that a study be
conducted of
the connection between illegal aliens and criminal gangs; and would authorize increased law
enforcement assistance for areas of high intensity criminal gang activity.
The Gang Prevention and Effective Deterrence Act of 2005, S. 155 , has similar
provisions in many instances.
This report appears in abridged form, without footnotes, citations or quotation marks, as CRS Report RS22165 , An Abridged View of the Gang Deterrence and Community Protection Act
(H.R.
1279) . Related reports include CRS Report RL32943 , Gang Prevention and Suppression
Legislation in the 109th Congress: Side-By-Side Comparison of S. 155, H.R.
970, and H.R. 1279 .
