Comprehensive Violent Crime Control Act of 1993

TABLE OF CONTENTS:

Title I: Death Penalty

Title II: Habeas Corpus

Subtitle A: General Habeas Corpus Reform

Subtitle B: Death Penalty Litigation Procedures

Title III: Exclusionary Rule

Title IV: Firearms

Subtitle A: Firearms and Related Amendments

Subtitle B: Prohibited Gun Clips and Magazines

Title V: Obstruction of Justice

Title VI: Gangs and Juvenile Offenders

Title VII: Terrorism

Subtitle A: Aviation Terrorism

Subtitle B: Maritime Terrorism

Subtitle C: Terrorist Alien Removal

Subtitle D: Terrorism Offenses and Sanctions

Subtitle E: Antiterrorism Enforcement Provisions

Title VIII: Equal Justice Act

Title IX: Victims' Rights

Comprehensive Violent Crime Control Act of 1993 - Title I: Death Penalty - Capital Punishment Procedures Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.

(Sec. 102) Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) a separate sentencing hearing when the defendant is found guilty or pleads guilty to an offense punishable by death.

Allows the defendant and the Government to present any information relevant to sentencing, 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) mitigating and aggravating factors; and (2) special aggravating factors for espionage, treason, homicide, attempted murder of the President, and drug offenses punishable by the death penalty (including previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances).

Sets forth procedures for: (1) appeal from a death sentence; and (2) implementation of such sentence.

Provides for the imposition of the death penalty for specified offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of a racketeering activity; and (4) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act.

Sets forth provisions regarding: (1) appointment of counsel; and (2) deadlines for collateral attacks on judgements imposing a sentence of death; and (3) stays of execution.

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 for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

(Sec. 205) Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.

Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings.

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. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence.

(Sec. 211) Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court.

Directs the State to establish an appointing authority, which shall: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel; (2) monitor attorney performance; and (3) appoint a defense team to represent a client at the relevant stage of proceedings upon receiving notice of the need from the relevant state court.

Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met.

Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters.

Title III: Exclusionary Rule - States that the Constitution does not require the exclusion from a criminal trial of evidence: (1) obtained in reasonable reliance on a search warrant issued by a detached and neutral magistrate who is not misled, even though the warrant is ultimately determined to be invalid; (2) the legal discovery of which was inevitable, even though the evidence was in fact discovered through constitutionally invalid means; or (3) for which a source exists that is independent of the source through which the evidence was in fact discovered through constitutionally invalid means.

Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to provide for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth various firearms related provisons, including the following.

(Sec. 406) Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.

(Sec. 408) Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm.

(Sec. 409) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of possessing an explosive during certain felonies.

Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions.

(Sec. 434) Prohibits the transfer or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the enactment date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe.

(Sec. 436) Provides for criminal penalties for violation of provisions of this Act relative to AFDs.

(Sec. 437) Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application.

Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants.

(Sec. 503) Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals.

Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense.

(Sec. 602) Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult.

(Sec. 603) Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions.

(Sec. 604) Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire.

Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety.

(Sec. 702) Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft.

Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms.

(Sec. 717) Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.

Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1993 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation.

(Sec. 724) Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public.

Directs the Chief Justice of the United States to designate five district court judges from five of the U.S. judicial circuits who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information.

Sets forth provisions with respect to the retention of an alien in custody, the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate.

Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) set penalties for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings.

Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States; (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists.

(Sec. 735) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute.

(Sec. 736) Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts.

(Sec. 737) Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents.

(Sec. 738) Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions.

Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations.

(Sec. 742) Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate.

(Sec. 743) Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power.

(Sec. 744) Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions.

(Sec. 745) Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials.

(Sec. 748) Extends the statute of limitations for specified terrorism offenses.

Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) 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; (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty; and (3) in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant and a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias.

(Sec. 804) Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified; and (2) the jury, upon the return of a recommendation of a sentence of death, to return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim.

Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results.

(Sec. 805) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out; and (2) specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district.

Title IX: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule.

(Sec. 902) Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.