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CBILL28.TXT
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1994-11-11
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TITLE XXVIII-SENTENCING PROVISIONS
SEC. 280001. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended
as follows:
"(4) the kinds of sentence and the sentencing range
"(A) the applicable category of offense committed by the applicable
category of defendant as set forth in the guidelines issued by the
Sentencing Commission pursuant to section 994(a)(1) of title 28,
United States Code, and that are in effect on the date the defendant
is sentenced; or
"(B) in the case of a violation of probation or supervised release,
the applicable guidelines or policy statements issued by the
Sentencing Commission pursuant to section 994(a)(3) of title 28,
United States Code;".
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is amended by
striking "possess illegal controlled substances" and inserting
"unlawfully possess a controlled substance".
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION
REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES.
(a) Definition .-In this section, "hate crime" means a crime in which
the defendant intentionally selects a victim, or in the case of a
property crime, the property that is the object of the crime, because
of the actual or perceived race, color, religion, national origin,
ethnicity, gender, disability, or sexual orientation of any person.
(b) Sentencing Enhancement .-Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to provide
sentencing enhancements of not less than 3 offense levels for offenses
that the finder of fact at trial determines beyond a reasonable doubt
are hate crimes. In carrying out this section, the United States
Sentencing Commission shall ensure that there is reasonable
consistency with other guidelines, avoid duplicative punishments for
substantially the same offense, and take into account any mitigating
circumstances that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN
CASES.
Section 3561(a)(3) of title 18, United States Code, is amended by
inserting "that is not a petty offense" before the period.
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING
COMMISSION.
(a) Establishment of Positions .-Section 991 (a) of title 28, United
States Code, is amended-
(1) in the second sentence by striking the period and inserting "and
three of whom shall be designated by the President as Vice Chairs.";
(2) in the fourth sentence by striking the period and inserting ", and
of the three Vice Chairs, no more than two shall be members of the
same political party."; and
(3) in the sixth sentence by striking "Chairman" and inserting "Chair,
Vice Chairs,".
(b) Terms and Compensation .-Section 992(c) of title 28, United States
Code, is amended-
(1) by amending the first sentence to read as follows: "The Chair and
Vice Chairs of the Commission shall hold full-time positions and shall
be compensated during their terms of office at the annual rate at
which judges of the United States courts of appeals are compensated.";
(2) in the second sentence by striking "Chairman" and inserting "Chair
and Vice Chairs"; and [*H8853]
(3) in the third sentence by striking "Chairman" and inserting "Chair
and Vice Chairs,".
(c) Technical Amendments .-Chapter 58 of title 28, United States Code,
is amended-
(1) by striking "Chairman" each place it appears and inserting
"Chair";
(2) in the fifth sentence of section 991(a) by striking "his" and
inserting "the Attorney General's";
(3) in the fourth sentence of section 992(c) by striking "his" and
inserting "the judge's";
(4) in section 994(i)(2) by striking "he" and inserting "the
defendant" and striking "his" and inserting "the defendant's"; and
(5) in section 996(a) by striking "him" and inserting "the Staff
Director".
SEC. 280006. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States Sentencing
Commission shall submit a report to Congress on issues relating to
sentences applicable to offenses involving the possession or
distribution of all forms of cocaine. The report shall address the
differences in penalty levels that apply to different forms of cocaine
and include any recommendations that the Commission may have for
retention or modification of such differences in penalty levels.