SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 1279, GANG DETERRENCE AND COMMUNITY PROTECTION ACT OF 2005

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 1279, GANG DETERRENCE AND COMMUNITY PROTECTION ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS
(summaries derived from information provided by sponsors)

Capuano #25
Reauthorizes the Community Oriented Policing Services (COPS) program for FY2006-FY2008. LATE.

Crowley #26
Prohibits those on the Violent Gang and Terrorist Organizations File from purchasing firearms, ammunition, and explosives by means other than in person and to require records to be kept of the means by which the purchases are made. LATE.

Ceullar #6
Establishes a National Gang Intelligence Center at the Federal Bureau of Investigation. Also adds $10 million in authorization for the National Gang Intelligence Center, which mirrors the $10 million appropriation given for FY 2005.

Davis (IL) #12
Strikes section 110 and restores the current law regarding venue in capital cases.

Davis (IL) #13
Strikes section 115 and preserves language in current law regarding the transfer of juveniles to adult court.

Davis (IL) #14
Strikes the provision in section 521(a)(4) that would impose a mandatory minimum sentence of 10 years for any gang crime not specified in section 521(a)(1), (2), or (3).

Goodlatte #5
Adds 5 years to any sentence for violent crimes or drug trafficking offenses when the violator is an illegal alien. Also adds 15 years to any such sentence if the illegal alien has been previously deported on the grounds of a criminal offense and has re-entered the country. Requires the Department of Homeland Security to send all the names of individuals who are subject to deportation orders or who have signed voluntary deportation papers to the National Crime Information Center (NCIC).

Jackson Lee #22
Clarifies that a defendant, and not just a member of the gang, must have committed criminal activity related to the capital case in the jurisdiction where the prosecutor seeks to bring the charge. LATE.

Jackson Lee #23
Makes it illegal to transfer a firearm to any individual that the federal government has designated as a suspected or known gang member or terrorist. Establishes a system whereby any individual inadvertently included on the gang/terror watch list may have his or her name removed. LATE.

Jackson Lee #24
Prevents the transferring of juveniles from juvenile courts to adult courts when a juvenile has committed an act, which if committed by an adult, would be a felony. LATE.

Johnson, E.B. #15
Establishes funding for prevention and intervention programs for the suppression of youth and gang violence.

Johnson, E.B. #16
Establishes funding for regional databases that track gang activity in high intensity gang areas.

Norwood #17
Requires a study, to be conducted by the Department of Justice and the Department of Homeland Security, on the link of illegal aliens and gang membership. LATE.

Norwood #18
Requires DHS to provide to the National Crime Information Center of the Department of Justice information on three categories of illegal aliens: those with a final order of removal, those who have signed a voluntary departure agreement, and those who have overstayed their visa. LATE.

Schiff/Cardoza/Watson/Linda Sanchez #2
Authorizes the expansion and enhancement of law enforcement and community-based prevention and intervention programs targeting criminal street gangs, gang members, and at-risk youth.

Scott #7 (VA)
Makes application of the death penalty under the bill contingent upon appropriation of the authorized levels to protect innocence under Title IV of the “Justice For All Act of 2004” (H.R. 5107).

Scott #8 (VA)
Restricts the application of the death penalty to intentional acts of the defendant.

Scott #9 (VA)
Strikes section 115, which gives the Attorney General authority to prosecute certain juveniles without court assessment or review.

Scott #10
Authorizes money now in the bill to support federal HIIGAA’s and 94 new U.S. Attorneys to go, instead, to local law enforcement to prevent and reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles.

Scott #11
Modifies the definition of a “gang crime” so that only the more serious violent offenses are included.

Sensenbrenner #1
Manager’s Amendment. Excludes property crimes from crime of violence definition for Gang Crimes under revised 18 USC 521 Gang Crime; Replaces current text with revised changes to existing 18 USC 1952, Interstate and Foreign Travel in Aid of Racketeering Enterprises, to retain existing interstate commerce requirement, to add conspiracies as possible violation, and to increase penalties for violations; Inserts existing statute text which was inadvertently omitted from introduced and reported versions of H.R. 1279; modifies crime of violence definition under 18 USC 16(b) to clarify that act, by its nature, creates substantial risk that physical injury may result to person or property of another; clarifies exception to ban on possession of handguns by juveniles under 18 USC 922(x) to permit juvenile to possess firearm while in the presence of parent or guardian who is not prohibited from possessing such a firearm by Federal, State or local law, and does not require that juvenile have written authorization from such parent or guardian; includes other technical and grammatical changes.

Waters #21
Creates a “Gang Exit Program” to facilitate the re-entry of ex-gang members into society. Would provide relocation programs, educational programs, special student loans, and housing to ex-gang members. Authorizes appropriations of $50 million dollars per year for fiscal years 2006-2010. LATE.

Waters/Scott (VA) #3
Strikes all sections of the bill that sets mandatory minimum sentences (sections 102, 103, 104, 105, 106 and 107). LATE.

Watson #3
Requires the Attorney General to seek input from local elected officials before designating an area as a “High-Intensity Interstate Gang Activity Area.”

Watson #4
Adds 100 new inspectors and 100 new agents fro the Bureau of Alcohol, Tobacco, Firearms and Explosives. New inspectors and agents would be assigned to the new High-Intensity Interstate Gang Activity Areas.

Wynn #19
Authorizes the Attorney General to conduct a media campaign about the changes in penalties. LATE.

* Summaries derived from information submitted by the amendment sponsors.