{ "id": "RL32946", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32946", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 304855, "date": "2005-06-09", "retrieved": "2016-04-07T19:42:31.613029", "title": "Gang Deterrence: A Legal Analysis of H.R. 1279 With References to S. 155", "summary": "The Gang Deterrence and Community Protection Act of 2005, H.R. 1279 as passed by\nthe House, among other things, would dramatically increase the criminal penalties that follow as a\nconsequence of a conviction for violent crimes, including gang offenses. It would expand the\ninstances where juveniles charged with federal crimes of violence can be tried as adults and would\nauthorize the establishment of criminal street gang enforcement teams.\n \n More precisely, it would establish either longer maximum prison terms or mandatory minimum\nterms (or both) for federal street gang offenses, Travel Act violations, carjacking, use of a firearm\nduring and in relation to a crime of violence or of drug trafficking, conspiracy, murder and other\ncrimes of violence for hire or in aid of racketeering, multiple interstate murders, use of weapons to\ncommit a crime of violence, and the commission of crimes of violence by illegal aliens.\n \n It also contains a number of procedural amendments which would expand inmate isolation\norders; would tighten preventive detention procedures in firearms cases; would ease venue\nrequirements in cases of violence in aid of racketeering, of crimes of violence during and in relation\nto drug trafficking, and in capital cases; would lengthen the statute of limitations for federal crimes\nof violence; would expand the \u201cwrongdoer\u201d hearsay exception (in civil and criminal\ncases) to reach\nthose who could foresee the wrongdoing; and would permit the prosecution as adults of 16- and\n17-year-olds charged with certain violent crimes without a prior transfer hearing.\n \n In addition, it would enlarge the list of racketeering predicates to include misconduct that would\nhave constituted a state crime racketeering predicate had it not been committed within a federal\nenclave; would add drug trafficking crimes to the general definition of crimes of violence; would\nauthorize a publicity campaign to herald the act\u2019s penalty enhancements; would call for\ninformation\nrelating to illegal aliens to be added to FBI\u2019s databases; would direct that a study be\nconducted of\nthe connection between illegal aliens and criminal gangs; and would authorize increased law\nenforcement assistance for areas of high intensity criminal gang activity.\n \n The Gang Prevention and Effective Deterrence Act of 2005, S. 155 , has similar\nprovisions in many instances.\n \n This report appears in abridged form, without footnotes, citations or quotation marks, as CRS Report RS22165 , An Abridged View of the Gang Deterrence and Community Protection Act\n(H.R.\n 1279) . Related reports include CRS Report RL32943 , Gang Prevention and Suppression\nLegislation in the 109th Congress: Side-By-Side Comparison of S. 155, H.R.\n 970, and H.R. 1279 .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32946", "sha1": "46b6f9b3492ee8747360c7ecf6f1716bc5e12a8f", "filename": "files/20050609_RL32946_46b6f9b3492ee8747360c7ecf6f1716bc5e12a8f.pdf", "images": null }, { "format": "HTML", "filename": "files/20050609_RL32946_46b6f9b3492ee8747360c7ecf6f1716bc5e12a8f.html" } ], "topics": [] } ], "topics": [ "American Law" ] }