H.R. 2847 (103rd): Crime Control Act of 1993

Introduced:
Aug 03, 1993 (103rd Congress, 1993–1994)
Status:
Died (Referred to Committee)
Sponsor
James Sensenbrenner Jr.
Representative for Wisconsin's 9th congressional district
Party
Republican
Text
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Last Updated
Aug 03, 1993
Length
441 pages
Related Bills
H.R. 4092 (Related)
Violent Crime Control and Law Enforcement Act of 1994

Passed House
Last Action: Apr 21, 1994

 
Status

This bill was introduced on August 3, 1993, in a previous session of Congress, but was not enacted.

Progress
Introduced Aug 03, 1993
Referred to Committee Aug 03, 1993
 
Full Title

To control and prevent crime.

Summary

No summaries available.

Cosponsors
2 cosponsors (2R) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

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


8/3/1993--Introduced.
TABLE OF CONTENTS:
Title I - Death Penalty Title II: Habeas Corpus Reform Title III: Exclusionary Rule Title IV: Rural Crime and Drug Control Title V: Firearms and Related Amendments Title VI: Juveniles and Gangs Title VII: Terrorism and International Matters Title VIII: Sexual Violence, Child Abuse, and Victims' Rights Title IX: Equal Justice Act Title X: Funding, Grant Programs, and Studies Title XI: Illegal Drugs Title XII: Public Consumption Title XIII: General Provisions Title XIV: Technical Corrections Title XV: Federal Law Enforcement Agencies Title XVI: Federal Prisons Title XVII: Pre-Trial Interrogation Title XVIII: Funding Crime 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.
Section 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.
Section 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.
Section 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 - Rural Crime and Drug Control
Subtitle A - Drug Trafficking in Rural Areas
Amends the Omnibus Act to authorize appropriations for rural law enforcement agencies (LEAs) and increase the base allocation to nonrural States for rural drug enforcement assistance.
Section 402 -
Requires: (1) the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each Federal judicial district which encompasses significant rural lands, and to cross-designate up to 100 law enforcement officers from specified Federal agencies to enforce provisions of the CSA on non-Federal lands and the Federal criminal code; and (2) the Director of the Federal Law Enforcement Training Center to develop specialized training for rural law enforcement officers.
Subtitle B - Rural Drug Prevention and Treatment
Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services.
Subtitle C - Rural Areas Enhancement
Sets forth provisions regarding: (1) forfeiture of assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force; and (2) the bringing of criminal charges (including counts involving illegal disposal of hazardous waste and knowing endangerment of the environment) and civil actions (including assessment of environmental and health-related damages) against the operators of clandestine methamphetamine and other dangerous drug laboratories.
Title V - Firearms and Related Amendments
Subtitle A - General Provisions
Amends the Federal criminal code to establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.
Section 503 -
Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking.
Section 504 -
Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property.
Section 506 -
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.
Section 511 -
Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definition of burglary under the Armed Career Criminal Act of 1984.
Subtitle B - Brady Handgun Violence Prevention Act
Brady Handgun Violence Prevention Act - Amends the Federal criminal code to provide for a five (business) day waiting period for the purchase of a handgun.
Sets forth:
(1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and
(2) permanent procedures for conducting criminal background checks.
Sets penalties for violations.
Section 502 -
Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violated specified legal provisions. Provides for the correction of erroneous information in the system.
Section 503 -
Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice funds for failure to meet set deadlines.
Title VI - Juveniles and Gangs
Anti-Gang and Juvenile Offenders Act of 1993 -
Subtitle A - Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds
Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials.
Subtitle B - Antigang Provisions
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles.
Section 623 -
Sets penalties for the commission of a felony crime of violence, felony involving a controlled substance, and specified other offenses in, for, or in association with a criminal street gang.
Subtitle C - Juvenile Penalties
Amends the Federal criminal code to: (1) add certain firearms offenses to those over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances.
Section 632 -
Classifies as serious drug offenses for purposes of the Armed Career Criminal Act serious drug offenses committed by juveniles.
Section 633 -
Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance.
Subtitle D - Other Provisions
Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year olds in courts with jurisdiction over adults for specified crimes.
Section 642 -
Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal LEAs, and prepare a report on national gang violence to be submitted to the President and the Congress; and (2) the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report.
Section 643 -
Prohibits a juvenile from being transferred to adult prosecution or a hearing held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met.
Title VII - 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.
Section 702 -
Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; and (2) provide for forfeiture of assets used to support terrorists.
Section 704 -
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.
Section 713 -
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 FBI access to telephone subscriber information under specified circumstances.
Title VIII - Sexual Violence, Child Abuse, and Victims' Rights
Subtitle A - Sexual Violence and Child Abuse
Sexual Assault Prevention Act of 1993 - Chapter 1: Sexual Violence - Subchapter A: Penalties and Remedies - Provides for: (1) pretrial detention in sex offense cases; and (2) the imposition of the death penalty for murders committed by sex offenders.
Section 803 -
Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims below age 16.
Section 805 -
Sets forth provisions regarding:
(1) sentencing guideline increases for sex offenses;
(2) human immunodeficiency virus testing, penalty enhancement, and cost of testing in sex offense cases;
(3) restitution and suspension of Federal benefits; and
(4) creation of a civil remedy for victims of sexual violence.
Subchapter B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.
Section 822 -
Revises the rape victim shield law, including making the past sexual behavior of an alleged victim inadmissible in civil as well as criminal cases. Makes inadmissible evidence to show provocation or invitation by the victim in a sex offense criminal case.
Section 824 -
Sets forth provisions regarding:
(1) review of proposed Rules of Professional Conduct for Lawyers in Federal Practice;
(2) a victim's right to allocation (to be present, make a statement, and present information) at the sentencing hearing of a defendant convicted of a crime of violence or sexual abuse; and
(3) a victim's right of privacy.
Subchapter C: Safe Campuses - Directs the Attorney General to provide for a national baseline study on campus sexual assault.
Subchapter D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence, and supplementary grants for States adopting effective laws relating to sexual violence.
Chapter 2: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to:
(1) set penalties for noncompliance with child support obligations in interstate cases; and
(2) require full faith and credit for protective orders.
Section 853 -
Creates a presumption against child custody for spouse abusers.
Section 854 -
Directs the Attorney General to report to the Congress on: (1) the status of battered women's syndrome as a medical and psychological condition and its effect in criminal trials; (2) the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) problems of recordkeeping of criminal complaints involving domestic violence.
Section 857 -
Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other unlawful acts that particularly affect women. Chapter 3: National Task Force on Violence Against Women - Directs the Attorney General to establish a National Task Force on Violence Against Women.
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 - 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 D - 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.
Title IX - 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.
Section 903 -
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.
Section 905 -
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 X - Funding, Grant Programs, and Studies
Subtitle A - Safer Streets and Neighborhoods
Law Enforcement Enhancement Act of 1993 - Amends the Omnibus Act to: (1) authorize grants to State and local agencies for the hiring of law enforcement personnel; (2) continue the Federal-State funding formula through 1994; and (3) revise the funding formula with respect to the allocation and distribution of funds under formula grants.
Subtitle B - Retired Public Safety Officer Death Benefit
Includes retired public safety officers who have died or become permanently and totally disabled as a result of injuries sustained while responding to a fire, rescue, or police emergency among those eligible for death and disability benefits.
Subtitle C - Study on Police Officers' Rights
Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively.
Subtitle D - Cop-on-the-Beat Grants
Cop-on-the-Beat Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of local government and community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community.
Subtitle E - National Commission to Support Law Enforcement
National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels.
Subtitle F - Other Provisions
Amends the Omnibus Act to:
(1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice, identify and evaluate model programs that provide support services to law enforcement personnel and families, and take other specified actions; and
(2) authorize the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel.
Section 1063 -
Requires the Bureau of Prisons to notify, in writing and within a specified time frame, the chief law enforcement officer of the State and local jurisdiction in which a prisoner released on supervised release will reside.
Title XI - Illegal Drugs
Subtitle A - Drug Testing
Amends the Federal criminal code to require:
(1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and
(2) the chief probation officer in each district (where feasible) to arrange for the drug testing of such defendants.
Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests.
Subtitle B - Precursor Chemicals
Chemical Control and Environmental Responsibility Act of 1993 - Amends the CSA to replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals."
Section 1123 -
Requires every person who manufacturers or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Makes provisions regarding the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals.
Section 1131 -
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act.
Section 1132 -
Amends the Health Care Quality Improvement Act of 1986 to grant the Attorney General access to information in the National Practitioner Data Bank.
Subtitle C - Other Provisions
Sets forth miscellaneous provisions and amends various laws concerning controlled substances.
Title XII - 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.
Section 1202 -
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.
Section 1203 -
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.
Section 1204 -
Sets forth prohibitions regarding narcotics-related public corruption.
Title XIII - General Provisions
Subtitle A - Violent Crimes
Sets penalties for attempted: (1) robbery; (2) kidnapping; (3) smuggling; and (4) malicious mischief.
Section 1320 -
Increases penalties for: (1) certain assaults; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire.
Subtitle B - Civil Rights Offenses
Increases maximum penalties for certain civil rights violations, including damage to religious property.
Subtitle C - White Collar and Property Crimes
Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping.
Section 1330 -
Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier. (Current law applies only to matter sent by the U.S. Postal Service.)
Section 1332 -
Increases penalties for trafficking in counterfeit goods and services.
Section 1333 -
Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission:
(1) occurred without the authorization of the person responsible for the system receiving the program; and
(2) causes damage exceeding $1,000 in any one-year period, or modifies or impairs the medical care of any individual.
Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act.
Subtitle D - Other Provisions
Sets forth provisions regarding: (1) venue for espionage and related offenses; (2) required reporting by criminal court clerks; and (3) audit requirements for State and local LEAs receiving Federal asset forfeiture funds.
Section 1364 -
Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains.
Section 1365 -
Authorizes the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence.
Title XIV - Technical Corrections
Makes technical corrections to the Omnibus Act, the Federal criminal code, the CSA, and the Foreign Corrupt Practices Act of 1977.
Title XV - Federal Law Enforcement Agencies
Federal Law Enforcement Act of 1993 - Authorizes appropriations for the Drug Enforcement Administration, the FBI, the Immigration and Naturalization Service, the U.S. attorneys, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. courts.
Title XVI - Federal Prisons
Authorizes appropriations for new prison construction.
Title XVII - Pre-Trial Interrogation
Expresses the sense of the Congress that the Attorney General shall instruct all U.S. attorneys, and implement policies consistent therewith, that confessions obtained in conformity with Federal provisions related to such admissibility will be offered into evidence.
Title XVIII - Funding
Rescinds 16 percent of unobligated funds to specified Federal agencies, and for specified funds and purposes, for FY 1992 and 1993.

House Republican Conference Summary

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