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CBILL14.TXT
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TITLE XIV-YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR
VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18,
States Code, is amended by striking "; however" and inserting
the application of the preceding sentence, if the crime of
an offense under section 113(a), 113(b), 113(c), 1111, 1113,
the juvenile possessed a firearm during the offense, section 2111,
2113, 2241(a), or 2241(c), 'thirteen' shall be substituted for
'fifteen' and 'thirteenth' shall be substituted for 'fifteenth'.
Notwithstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to the preceding sentence 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. However".
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by striking
"Any proceedings against a juvenile under this chapter or as an adult
shall not be commenced until" and inserting "A juvenile shall not be
transferred to adult prosecution nor shall a hearing be held under
section 5037 (disposition after a finding of juvenile delinquency)
until".
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by inserting
", whether pursuant to an adjudication of delinquency or conviction
for an offense," after "committed" the first place it appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003, is
amended-
(1) by striking "and" at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(23) programs that address the need for effective bindover systems
for the prosecution of violent 16- and 17-year-old juveniles in courts
with jurisdiction over adults for the crimes of-
"(A) murder in the first degree;
"(B) murder in the second degree;
"(C) attempted murder;
"(D) armed robbery when armed with a firearm;
"(E) aggravated battery or assault when armed with a firearm;
"(F) criminal sexual penetration when armed with a firearm; and
"(G) drive-by shootings as described in section 36 of title 18, United
States Code.".
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY
JUVENILES.
Section 5038 of title 18, United States Code, is amended in subsection
(f) by adding "or whenever a juvenille has been found guilty of
committing an act after his 13th birthday which if committed by an
adult would be an offense described in the second sentence of the
fourth paragraph of section 5032 of this title," after "title 21,".
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended-
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following new subsection:
"(c) Notwithstanding any other law, any person at least 21 years of
age who knowingly and intentionally-
"(1) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to violate this section; or
"(2) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to assist in avoiding detection or
apprehension for any offense under this section by any Federal, State,
or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple
those authorized by section 401.".
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING
VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.
(a) Travel Act Penalties .-Section 1952(a) of title 18, United States
Code, is amended by striking "and thereafter performs or attempts to
perform any of the acts specified in subparagraphs (1), (2), and (3),
shall be fined not more than $ 10,000 or imprisoned for not more than
five years, or both." and inserting "and thereafter performs or
attempts to perform-
"(A) an act described in paragraph (1) or (3) shall be fined under
this title, imprisoned not more than 5 years, or both; or
"(B) an act described in paragraph (2) shall be fined under this
title, imprisoned for not more than 20 years, or both, and if death
results shall be imprisoned for any term of years or for life.".
(b) Murder Conspiracy Penalties .-Section 1958(a) of title 18, United
States Code, is amended by inserting "or who conspires to do so"
before "shall be fined" the first place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) Directive to Sentencing Commission .-(1) The United States
Sentencing Commission shall promulgate guidelines or amend existing
guidelines to provide that a defendant 21 years of age or older who
has been convicted of an offense shall receive an appropriate sentence
enhancement if the defendant involved a minor in the commission of the
offense.
(2) The Commission shall provide that the guideline enhancement
promulgated pursuant to paragraph (1) shall apply for any offense in
relation to which the defendant has solicited, procured, recruited,
counseled, encouraged, trained, directed, commanded, intimidated, or
otherwise used or attempted to use any person less than 18 years of
age with the intent that the minor would commit a Federal offense.
(b) Relevant Considerations .-In implementing the directive in
subsection (a), the Sentencing Commission shall consider-
(1) the severity of the crime that the defendant intended the minor to
commit;
(2) the number of minors that the defendant used or attempted to use
in relation to the offense;
(3) the fact that involving a minor in a crime of violence is
frequently of even greater seriousness than involving a minor in a
drug trafficking offense, for which the guidelines already provide a
two-level enhancement; and
(4) the possible relevance of the proximity in age between the
offender and the minor(s) involved in the offense.