Background

This legislation was introduced on October 15, 2003 by Senator Hatch with other co-sponsors including Senators Cornyn, Campbell, Graham, Chambliss, Feinstein and Grassley. The legislation is under the jurisdiction of the Senate Judiciary Committee. The legislation has not had a hearing yet, but attempts to schedule a Committee mark-up (vote) have occurred. The overall intent of the legislation is to increase and enhance law enforcement tools related to the investigation and prosecution of violent gang crime. While the legislation does not directly address how tribal jurisdiction, Indian youth or tribal judicial and law enforcement agencies would be impacted there have been some questions raised regarding these issues. Overall concerns with the legislation have focused on 1) federal prosecutors having sole discretion regarding prosecution of youth as adults in federal court (no appeal), and (2) youth charged with a delinquent act could be prosecuted in federal court based only on the assertion of a U.S. attorney that there is a substantial Federal interest in the case to warrant the exercise of Federal jurisdiction.

Overview of the Legislation

· Increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs

· Deter and punish violent gang crime

· Protect citizens and communities from violent criminals

· Revise and enhance criminal penalties for violent crimes

· Reform and facilitate prosecution of juvenile gang members who commit violent crimes

· Expand and improve gang prevention programs

Key Provisions of the Legislation

· Amends the Federal criminal code to prohibit various criminal street gang-related offenses, including participating in a criminal street gang by committing two or more predicate gang crimes in furtherance of the activities of such gang to gain entrance to, or to maintain or increase position in, the gang.

· Amends: (1) the Controlled Substances Act to prohibit murder and other violent crimes committed during and in relation to a drug trafficking crime; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize the use of grants by the Attorney General to fund programs that enable prosecutors to more effectively address gang violence, to fund technology and training for prosecutors, and to create and expand witness and victim protection programs.

· Authorizes the Attorney General to designate high intensity interstate gang activity areas.

· Prohibits traveling in, or causing another to travel in, interstate or foreign commerce with intent that two or more murders be committed in violation of State or Federal law.

· Expands the scope of predicate crimes for authorization of interception of wire, oral, and electronic communications to cover violations relating to criminal street gangs.

· Modifies code provisions regarding the treatment of Federal juvenile offenders. Provides that, in any case in which a juvenile is tried as an adult in Federal court, that juvenile's criminal record shall be made available in the same manner as is applicable to the Federal criminal records of adult defendants.

If you would like more information on this legislation, please contact NICWA staff member, David Simmons, at desimmons@nicwa.org or (503) 222-4044, ext. 119.