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CBILL15.TXT
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TITLE XV-CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) In General .-Part I of title 18, United States Code, is
inserting after chapter 25 the following new chapter:
"CHAPTER 26-CRIMINAL STREET GANGS
" 521. Criminal street gangs
"(a) Definitions .-
" 'conviction' includes a finding, under State or Federal law, that a
person has committed an act of juvenile delinquency involving a
violent or controlled substances felony.
" 'criminal street gang' means an ongoing group, club, organization,
or association of 5 or more persons-
"(A) that has as 1 of its primary purposes the commission of 1 or more
of the criminal offenses described in subsection (c);
"(B) the members of which engage, or have engaged within the past 5
years, in a continuing series of offenses described in subsection (c);
and
"(C) the activities of which affect interstate or foreign commerce.
"(b) Penalty .-The sentence of a person convicted of an offense
described in subsection (c) shall be increased by up to 10 years if
the offense is committed under the circumstances described in
subsection (d).
"(c) Offenses .-The offenses described in this section are- [*H8837]
"(1) a Federal felony involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)) for
which the maximum penalty is not less than 5 years;
"(2) a Federal felony crime of violence that has as an element the use
or attempted use of physical force against the person of another; and
"(3) a conspiracy to commit an offense described in paragraph (1) or
(2).
"(d) Circumstances .-The circumstances described in this section are
that the offense described in subsection (c) was committed by a person
who-
"(1) participates in a criminal street gang with knowledge that its
members engage in or have engaged in a continuing series of offenses
described in subsection (c);
"(2) intends to promote or further the felonious activities of the
criminal street gang or maintain or increase his or her position in
the gang; and
"(3) has been convicted within the past 5 years for-
"(A) an offense described in subsection (c);
"(B) a State offense-
"(i) involving a controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than 5 years' imprisonment; or
"(ii) that is a felony crime of violence that has as an element the
use or attempted use of physical force against the person of another;
"(C) any Federal or State felony offense that by its nature involves a
substantial risk that physical force against the person of another may
be used in the course of committing the offense; or
"(D) a conspiracy to commit an offense described in subparagraph (A),
(B), or (C).".
(b) Technical Amendment .-The part analysis for part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 25 the following new item: "26. Criminal street gangs 521".
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended-
(1) in the first undesignated paragraph by striking "922(p)" and
inserting "924(b), (g), or (h)";
(2) in the fourth undesignated paragraph by inserting "or in section
924(b), (g), or (h) of this title," before "criminal prosecution" the
first place it appears; and
(3) in the fifth undesignated paragraph by adding at the end the
following: "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.".
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004,
is amended-
(1) by striking "and" at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(24) law enforcement and prevention programs relating to gangs, or to
youth who are involved or at risk of involvement in gangs.".
SEC. 150004. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 is amended to read as follows:
"REGULATIONS AND GUIDELINES
" Sec. 288C. (a) Program Guidelines .-The Administrator shall issue
program guidelines to implement this part. The program guidelines
shall be effective only after a period for public notice and comment.
"(b) Model Screening Guidelines .-The Administrator shall develop and
distribute to program participants specific model guidelines for the
screening of prospective program mentors.".
SEC. 150005. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY
ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile drug and
gang-related activity in "public housing" may be used for such
purposes in federally assisted, low-income housing.
SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION
COLLECTION.
(a) Coordination .-The Attorney General (or the Attorney General's
designee), in consultation with the Secretary of the Treasury (or the
Secretary's designee), shall develop a national strategy to coordinate
gang-related investigations by Federal law enforcement agencies.
(b) Data Collection .-The Director of the Federal Bureau of
Investigation shall acquire and collect information on incidents of
gang violence for inclusion in an annual uniform crime report.
(c) Report .-The Attorney General shall prepare a report on national
gang violence outlining the strategy developed under subsection (a) to
be submitted to the President and Congress by January 1, 1996.
(d) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section $ 1, 000,000 for fiscal year
1996.
SEC. 150007. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by inserting "victims assistance
programs, or multijurisdictional gang task forces" after "drug task
forces".