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H.R. 2217 (103rd): Violent Crimes Control Act of 1993

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


5/20/1993--Introduced. TABLE OF CONTENTS: Title I: Death Penalty Title II: Habeas Corpus Reform Subtitle A: General Habeas Corpus Reform Title III: Exclusionary Rule Title IV: Firearms and Related Amendments Title V: Terrorism and International Matters Title VI: Sexual Violence, Child Abuse, and Victims' Rights Subtitle A: Sexual Violence and Child Abuse Subtitle B: Victims' Rights Subtitle C: Crime Victims Fund Subtitle D: National Child Protection Act Subtitle E: Jacob Wetterling Crimes Against Children Registration Act Subtitle F: Domestic Violence Subtitle G: Other Provisions Title VII: Equal Justice Act Title VIII: Public Corruption Title IX: Federal Prisons Title X: Violent Crime Title XI: International Parental Kidnapping Violent Crimes Control Act of 1993 - Title I: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 102) Allows the defendant and the Government to present any information relevant to sentencing (including victim impact statements), but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) procedures for the implementation of, and appeal from, a sentence of death; and (2) provisions regarding the appointment of counsel, deadlines for collateral attacks on judgments imposing a death sentence, and stays of execution. (Sec. 110) Provides for the imposition of the death penalty for various offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of racketeering activity; (4) specified violations of the Controlled Substances Act (CSA); (5) murder of Federal witnesses; (6) rape and child molestation murders; and (7) murders in the District of Columbia. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 204) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Title IV: Firearms and Related Amendments - Sets forth various firearms-related provisions, including the following. Amends the Federal criminal code to: (1) increase mandatory minimum sentences for knowingly possessing a firearm during and in relation to a crime of violence or drug trafficking crime; and (2) establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 402) Increases penalties for: (1) a second offense of using an explosive to commit a felony; (2) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (3) interstate gun trafficking. (Sec. 406) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. (Sec. 410) Prohibits: (1) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (2) transactions involving stolen firearms which have moved in interstate or foreign commerce; and (3) the possession of explosives by felons and specified others. (Sec. 418) Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definitions of "burglary" and "serious drug offense" under the Armed Career Criminal Act of 1984. Title V: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Establishes a civil remedy for U.S. nationals (and their survivors or estates) injured, in their person, property, or business, by acts of international terrorism. (Sec. 502) Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; and (2) provide for civil and criminal forfeiture of assets used to support terrorists. (Sec. 504) Authorizes the Attorney General to waive immigration admission and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. (Sec. 513) Amends the Federal criminal code to: (1) establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights; (2) provide for the prosecution of individuals who murder U.S. nationals abroad; and (3) permit Federal Bureau of Investigation (FBI) access to telephone subscriber information under specified circumstances. Title VI: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Defines "sexual act" to include the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or to arouse or gratify the sexual desire of any person. (Sec. 602) Increases penalties for recidivist sex offenders. (Sec. 603) Authorizes the court to award restitution for victims of sex offenses. (Sec. 604) Sets forth provisions regarding human immunodeficiency virus testing, penalty enhancement, and cost of testing in sex offense cases. Subtitle B: Victims' Rights - Sets forth provisions regarding: (1) restitution and suspension of Federal benefits; and (2) the number of peremptory challenges under the Federal Rules of Criminal Procedure. Subtitle C: Crime Victims Fund - Repeals: (1) the current $150 million cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund. (Sec. 622) Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. (Sec. 623) Allows up to five percent of a victim compensation program grant to be used for administrative costs. (Sec. 624) Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 626) Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Subtitle D: National Child Protection Act - National Child Protection Act of 1993 - Provides for: (1) State reporting of child abuse crime information to a national criminal background check system; (2) funding to improve such information; and (3) the withholding of a portion of such funding to States not in compliance with a timetable established under this Act. Subtitle E: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person who is convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison or being placed on parole or supervised release. Sets forth registration, State compliance, and related requirements. Subtitle F: Domestic Violence - Amends the Omnibus Act to authorize the Director of the BJA to make grants to assist States in implementing a civil and criminal response to domestic violence. Specifies that such grants shall be used to: (1) encourage increased prosecutions for domestic violence; (2) report more accurately the incidences of such violence; (3) facilitate arrests and aggressive prosecution policies; (4) provide legal advocacy services for victims; and (5) improve the knowledge of health professionals regarding domestic violence and facilitate cooperation between health professionals, social service providers, and law enforcement personnel to better assist such victims. Sets forth provisions regarding: (1) application requirements; (2) allocation of funds and limitations on grants; (3) grant award and renewal; and (4) reporting requirements. Authorizes appropriations. (Sec. 662) Requires the Attorney General and Secretary of Health and Human Services to transmit to the Congress a report on the medical and psychological basis of battered women's syndrome and on the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. Subtitle G: Other Provisions - Sets penalties for inducing a minor to commit an offense against the United States. (Sec. 672) Amends the General Education Provisions Act to provide for the disclosure of arrest records by campus police. (Sec. 673) Requires the Attorney General to contract with an appropriate entity to provide for a national baseline study to research the effectiveness of campus sexual assault policies for institutions of postsecondary education. Authorizes appropriations. (Sec. 674) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should take into consideration the history of drunk driving of any person involved in the determination. Title VII: Equal Justice Act - Equal Justice Act - Requires that the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim. Bars the use of any racial quota or statistical test for the imposition or execution of any penalty. (Sec. 703) Sets forth provisions regarding: (1) safeguards against racial prejudice or bias in criminal courts; and (2) jury instructions and certification, and racial motivation in killings as an aggravating factor, in Federal capital cases. (Sec. 705) Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Title VIII: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 803) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 804) Sets forth prohibitions regarding narcotics-related public corruption. Title IX: Federal Prisons - Authorizes appropriations for new prison construction. Title X: Violent Crime - Life Imprisonment for Egregious Recidivists Act of 1993 - Requires the court to sentence a defendant convicted of a Federal violent felony to life imprisonment if the defendant has previously been convicted of two other violent felonies. Title XI: International Parental Kidnapping - International Parental Kidnapping Crime Act of 1993 - Sets penalties for removing a child from the United States or retaining a child (who has been in the United States) outside the United States in order to obstruct the lawful exercise of parental rights. (Sec. 1103) Authorizes appropriations to carry out, under the State Justice Institute Act of 1984, national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.