128 cosponsors
TABLE OF CONTENTS:
Title I: Effective Death Penalty
Subtitle A: Habeas Corpus Reform
Subtitle B: Federal Death Penalty Procedures Reform
Title II: Deterring Gun Crimes
Title III: Mandatory Victim Restitution
Title IV: Law Enforcement Block Grants
Title V: Truth in Sentencing Grants
Title VI: Exclusionary Rule Reform
Title VII: Stopping Abusive Prisoner Lawsuits
Title VIII: Further Streamlining Deportation of Criminal
Aliens
Title IX: Amendments to Violent Crime Control and Law
Enforcement Act
Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.
(Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard.
(Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies.
(Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners.
Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel.
Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law.
Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ.
Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions.
Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters.
Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 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.
Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors.
Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment.
Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual.
Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses.
Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used.
Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.
Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid.
Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action.
Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period.
Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity.
Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations.
Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program.
Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony.
Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release.
Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years.
Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority.
Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted.
(Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious.
(Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances.
(Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay.
Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed.
(Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable.
(Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies.
(Sec. 804) Limits collateral attacks on deportation orders.
(Sec. 805) Directs the Commissioner to operate a criminal alien tracking center.
(Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence.
Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act.
Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]
1st Session
H. R. 3
To control crime.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 1995
Mr. McCollum, Mr. Canady, Mr. Barr, and Mr. Brewster (for themselves,
Mr. Allard, Mr. Armey, Mr. Bachus, Mr. Baker of California, Mr.
Ballenger, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mr.
Bilirakis, Mr. Bliley, Mr. Blute, Mr. Bono, Mr. Bunning of Kentucky,
Mr. Burr, Mr. Callahan, Mr. Calvert, Mr. Camp, Mr. Christensen, Mr.
Chrysler, Mr. Clinger, Mr. Coburn, Mr. Cooley, Mr. Cremeans, Mrs.
Cubin, Mr. Davis, Mr. Doolittle, Mr. Dornan, Ms. Dunn, Mr. English of
Pennsylvania, Mr. Emerson, Mr. Ewing, Mr. Everett, Mr. Flanagan, Mr.
Foley, Mr. Forbes, Mrs. Fowler, Mr. Fox, Mr. Frisa, Mr. Ganske, Mr.
Gilchrest, Mr. Gilman, Mr. Goodlatte, Mr. Gordon, Mr. Goss, Mr.
Greenwood, Mr. Hancock, Mr. Hastert, Mr. Hastings of Washington, Mr.
Hayworth, Mr. Heineman, Mr. Herger, Mr. Hilleary, Mr. Hobson, Mr. Hoke,
Mr. Hostettler, Mr. Hutchinson, Mr. Inglis of South Carolina, Mr.
Istook, Mr. Jones, Mr. Kim, Mr. Kingston, Mr. Knollenberg, Mr. LaHood,
Mr. Largent, Mr. Latham, Mr. LaTourette, Mr. Lewis of Kentucky, Mr.
Lightfoot, Mr. Linder, Mr. McHugh, Mr. McIntosh, Mr. Mica, Mr. Miller
of Florida, Ms. Molinari, Mrs. Myrick, Mr. Nussle, Mr. Oxley, Mr.
Packard, Mr. Pombo, Mr. Quinn, Mr. Radanovich, Mr. Riggs, Mr.
Rohrabacher, Mr. Roth, Mr. Royce, Mr. Saxton, Mr. Sensenbrenner, Mr.
Shadegg, Mr. Shaw, Mr. Smith of Michigan, Mr. Smith of Texas, Mr.
Solomon, Mr. Stearns, Mr. Stockman, Mr. Stump, Mr. Tate, Mr. Taylor of
North Carolina, Mr. Thornberry, Mr. Tiahrt, Mrs. Waldholtz, Mr. Wamp,
Mr. Weldon of Pennsylvania, Mr. Weller, Mr. Wicker, Mr. Zimmer, Mr.
Crapo, Mr. Kolbe, Mr. Paxon, Mr. Young of Florida, Mr. Weldon of
Florida, Mr. Combest, Mr. Coble, Mr. Ehrlich, Mrs. Meyers of Kansas,
and Mr. Hunter) introduced the following bill; which was referred to
the Committee on the Judiciary
February 7, 1995
Additional sponsors: Mr. Norwood, Mr. Burton of Indiana, Mr. Moorhead,
Mr. Cunningham, Mrs. Vucanovich, Mr. Walker, Mr. Sam Johnson of Texas,
Mr. Condit, Mr. Collins of Georgia, Mr. Roberts, Mr. Bryant of
Tennessee, Mr. Talent, and Mr. Peterson of Minnesota
_______________________________________________________________________
A BILL
To control crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Taking Back Our
Streets Act of 1995''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--EFFECTIVE DEATH PENALTY
Subtitle A--Habeas Corpus Reform
Chapter 1--Post Conviction Petitions: General Habeas Corpus Reform
Sec. 101. Period of limitation for filing writ of habeas corpus
following final judgment of a State court.
Sec. 102. Authority of appellate judges to issue certificates of
probable cause for appeal in habeas corpus
and Federal collateral relief proceedings.
Sec. 103. Conforming amendment to the rules of appellate procedure.
Sec. 104. Discretion to deny habeas corpus application despite failure
to exhaust State remedies.
Sec. 105. Period of limitation for Federal prisoners filing for
collateral remedy.
Chapter 2--Special Procedures for Collateral Proceedings in Capital
Cases
Sec. 106. Death penalty litigation procedures.
Chapter 3--Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases
Sec. 107. Funding for death penalty prosecutions.
Subtitle B--Federal Death Penalty Procedures Reform
Sec. 111. Federal death penalty procedures reform.
TITLE II--DETERRING GUN CRIMES
Sec. 201. Mandatory prison terms for use, possession, or carrying of a
firearm or destructive device during a
State crime of violence or State drug
trafficking crime.
TITLE III--MANDATORY VICTIM RESTITUTION
Sec. 301. Mandatory restitution and other provisions.
TITLE IV--LAW ENFORCEMENT BLOCK GRANTS
Sec. 401. Block grant program.
TITLE V--TRUTH IN SENTENCING GRANTS
Sec. 501. Truth in sentencing grant program.
TITLE VI--EXCLUSIONARY RULE REFORM
Sec. 601. Admissibility of certain evidence.
TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS
Sec. 701. Exhaustion requirement.
Sec. 702. Frivolous actions.
Sec. 703. Modification of required minimum standards.
Sec. 704. Proceedings in forma pauperis.
TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS
Sec. 801. Additional expansion of definition of aggravated felony.
Sec. 802. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 803. Restricting defenses to deportation for certain criminal
aliens.
Sec. 804. Limitation on collateral attacks on underlying deportation
order.
Sec. 805. Criminal alien tracking center.
Sec. 806. Miscellaneous provisions.
Sec. 807. Construction of expedited deportation requirements.
TITLE IX--AMENDMENTS TO VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
Sec. 901. Deletion or replacement of programs.
TITLE I--EFFECTIVE DEATH PENALTY
Subtitle A--Habeas Corpus Reform
CHAPTER 1--POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS REFORM
SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS
FOLLOWING FINAL JUDGMENT OF A STATE COURT.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following:
``(d) A one-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court. The limitation period shall run from the
latest of the following times:
``(1) The time at which State remedies are exhausted.
``(2) The time at which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, where the
applicant was prevented from filing by such State action.
``(3) The time at which the Federal right asserted was
initially recognized by the Supreme Court, where the right has
been newly recognized by the Court and is retroactively
applicable.
``(4) The time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''.
SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF
PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL
COLLATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 of this title before a circuit or district judge, the final order
shall be subject to review, on appeal, by the court of appeals for the
circuit where the proceeding is had.
``(b) There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his detention pending removal proceedings.
``(c) An appeal may not be taken to the court of appeals from the
final order in a habeas corpus proceeding where the detention
complained of arises out of process issued by a State court, or from
the final order in a proceeding under section 2255 of this title,
unless a circuit justice or judge issues a certificate of probable
cause. A certificate of probable cause may only issue if the petitioner
has made a substantial showing of the denial of a Federal right. The
certificate of probable cause must indicate which specific issue or
issues satisfy this standard.''.
SEC. 103. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended to read as
follows:
``RULE 22
``habeas corpus and section 2255 proceedings
``(a) Application for an Original Writ of Habeas Corpus.--An
application for a writ of habeas corpus shall be made to the
appropriate district court. If application is made to a circuit judge,
the application will ordinarily be transferred to the appropriate
district court. If an application is made to or transferred to the
district court and denied, renewal of the application before a circuit
judge is not favored; the proper remedy is by appeal to the court of
appeals from the order of the district court denying the writ.
``(b) Necessity of Certificate of Probable Cause for Appeal.--In a
habeas corpus proceeding in which the detention complained of arises
out of process issued by a State court, and in a motion proceeding
pursuant to section 2255 of title 28, United States Code, an appeal by
the applicant or movant may not proceed unless a circuit judge issues a
certificate of probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall be deemed
addressed to the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no express request
for a certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of appeals.
If an appeal is taken by a State or the Government or its
representative, a certificate of probable cause is not required.''.
SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE
TO EXHAUST STATE REMEDIES.
Section 2254(b) of title 28, United State Code, is amended to read
as follows:
``(b) An application for a writ of habeas corpus in behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that the applicant has exhausted the
remedies available in the courts of the State, or that there is either
an absence of available State corrective process or the existence of
circumstances rendering such process ineffective to protect the rights
of the applicant. An application may be denied on the merits
notwithstanding the failure of the applicant to exhaust the remedies
available in the courts of the State.''.
SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR
COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is amended by
striking the second paragraph and the penultimate paragraph thereof,
and by adding at the end the following new paragraphs:
``A two-year period of limitation shall apply to a motion under
this section. The limitation period shall run from the latest of the
following times:
``(1) The time at which the judgment of conviction becomes
final.
``(2) The time at which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, where the movant was
prevented from making a motion by such governmental action.
``(3) The time at which the right asserted was initially
recognized by the Supreme Court, where the right has been newly
recognized by the Court and is retroactively applicable.
``(4) The time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''.
CHAPTER 2--SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL
CASES
SEC. 106. DEATH PENALTY LITIGATION PROCEDURES.
(a) In General.--Title 28, United States Code, is amended by
inserting the following new chapter after chapter 153:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling
rules.
``2259. Certificate of probable cause inapplicable.
``2260. Application to State unitary review procedures.
``2261. Limitation periods for determining petitions.
``2262. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by rule of
its court of last resort or by statute a mechanism for the appointment,
compensation and payment of reasonable litigation expenses of competent
counsel in State postconviction proceedings brought by indigent
prisoners whose capital convictions and sentences have been upheld on
direct appeal to the court of last resort in the State or have
otherwise become final for State law purposes. The rule of court or
statute must provide standards of competency for the appointment of
such counsel.
``(c) Any mechanism for the appointment, compensation and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record: (1) appointing one or
more counsel to represent the prisoner upon a finding that the prisoner
is indigent and accepted the offer or is unable competently to decide
whether to accept or reject the offer; (2) finding, after a hearing if
necessary, that the prisoner rejected the offer of counsel and made the
decision with an understanding of its legal consequences; or (3)
denying the appointment of counsel upon a finding that the prisoner is
not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal collateral postconviction proceedings in a capital case
shall not be a ground for relief in a proceeding arising under section
2254 of this chapter. This limitation shall not preclude the
appointment of different counsel, on the court's own motion or at the
request of the prisoner, at any phase of State or
Federal postconviction proceedings on the basis of the ineffectiveness
or incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2256(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application must recite that the State has invoked the
postconviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under section 2254 within the time required in section
2258, or fails to make a timely application for court of
appeals review following the denial of such a petition by a
district court;
``(2) upon completion of district court and court of
appeals review under section 2254 the petition for relief is
denied and (A) the time for filing a petition for certiorari
has expired and no petition has been filed; (B) a timely
petition for certiorari was filed and the Supreme Court denied
the petition; or (C) a timely petition for certiorari was filed
and upon consideration of the case, the Supreme Court disposed
of it in a manner that left the capital sentence undisturbed;
or
``(3) before a court of competent jurisdiction, in the
presence of counsel and after having been advised of the
consequences of his decision, a State prisoner under capital
sentence waives the right to pursue habeas corpus review under
section 2254.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution or grant relief in a capital case unless--
``(1) the basis for the stay and request for relief is a
claim not previously presented in the State or Federal courts;
``(2) the failure to raise the claim is (A) the result of
State action in violation of the Constitution or laws of the
United States; (B) the result of the Supreme Court recognition
of a new Federal right that is retroactively applicable; or (C)
based on a factual predicate that could not have been
discovered through the exercise of reasonable diligence in time
to present the claim for State or Federal postconviction
review; and
``(3) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable fact finder would have
found the petitioner guilty of the underlying offense or
eligible for the death penalty under State law.
``(d) Notwithstanding any other provision of law, no Federal
district court or appellate judge shall have the authority to enter a
stay of execution, issue injunctive relief, or grant any equitable or
other relief in a capital case on any successive habeas petition (or
other action which follows the final determination of a first habeas
corpus petition) unless the court first determines the petition or
other action does not constitute an abuse of the writ. This
determination shall be made only by the district judge or appellate
panel who adjudicated the merits of the original habeas petition (or to
the district judge or appellate panel to which the case may have been
subsequently assigned as a result of the unavailability of the original
court or judges). In the Federal courts of appeal, a stay may issue
pursuant to the terms of this provision only when a majority of the
original panel or majority of the active judges determines the petition
does not constitute an abuse of the writ.
``Sec. 2258. Filing of habeas corpus petition; time requirements;
tolling rules
``Any petition for habeas corpus relief under section 2254 must be
filed in the appropriate district court within one hundred and eighty
days from the filing in the appropriate State court of record of an
order under section 2256(c). The time requirements established by this
section shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) during any period in which a State prisoner under
capital sentence has a properly filed request for
postconviction review pending before a State court of competent
jurisdiction; if all State filing rules are met in a timely
manner, this period shall run continuously from the date that
the State prisoner initially files for postconviction review
until final disposition of the case by the highest court of the
State, but the time requirements established by this section
are not tolled during the pendency of a petition for certiorari
before the Supreme Court except as provided in paragraph (1);
and
``(3) during an additional period not to exceed sixty days,
if (A) a motion for an extension of time is filed in the
Federal district court that would have proper jurisdiction over
the case upon the filing of a habeas corpus petition under
section 2254; and (B) a showing of good cause is made for the
failure to file the habeas corpus petition within the time
period established by this section.
``Sec. 2259. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in order to
appeal from the district court to the court of appeals does not apply
to habeas corpus cases subject to the provisions of this chapter except
when a second or successive petition is filed.
``Sec. 2260. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment, such
claims as could be raised on collateral attack. The provisions of this
chapter shall apply, as provided in this section, in relation to a
State unitary review procedure if the State establishes by rule of its
court of last resort or by statute a mechanism for the appointment,
compensation and payment of reasonable litigation expenses of competent
counsel in the unitary review proceedings, including expenses relating
to the litigation of collateral claims in the proceedings. The rule of
court or statute must provide standards of competency for the
appointment of such counsel.
``(b) A unitary review procedure, to qualify under this section,
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2256(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2257, 2258, 2259, and 2261 shall apply in relation
to cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in those sections shall be
understood as referring to unitary review under the State procedure.
The references in sections 2257(a) and 2258 to `an order under section
2256(c)' shall be understood as referring to the post-trial order under
subsection (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings is
unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the one hundred and eighty
day limitation period under section 2258 shall be deferred until a
transcript is made available to the prisoner or his counsel.
``Sec. 2261. Limitation periods for determining petitions
``(a)(1) A Federal district court shall determine such a petition
or motion within 60 days of any argument heard on an evidentiary
hearing, or where no evidentiary hearing is held, within 60 days of any
final argument heard in the case.
``(2)(A) The court of appeals shall determine any appeal relating
to such a petition or motion within 90 days after the filing of any
reply brief or within 90 days after such reply brief would be due. For
purposes of this provision, any reply brief shall be due within 14 days
of the opposition brief.
``(B) The court of appeals shall decide any petition for rehearing
and or request by an appropriate judge for rehearing en banc within 20
days of the filing of such a petition or request unless a responsive
pleading is required in which case the court of appeals shall decide
the application within 20 days of the filing of the responsive
pleading. If en banc consideration is granted, the en banc court shall
determine the appeal within 90 days of the decision to grant such
consideration.
``(3) The time limitations contained in paragraphs (1) and (2) may
be extended only once for 20 days, upon an express good cause finding
by the court that the interests of justice warrant such a one-time
extension. The specific grounds for the good cause finding shall be set
forth in writing in any extension order of the court.
``(b) The time limitations under subsection (a) shall apply to an
initial petition or motion, and to any second or successive petition or
motion. The same limitations shall also apply to the re-determination
of a petition or motion or related appeal following a remand by the
court of appeals or the Supreme Court for further proceedings, and in
such a case the limitation period shall run from the date of the
remand.
``(c) The time limitations under this section shall not be
construed to entitle a petitioner or movant to a stay of execution, to
which the petitioner or movant would otherwise not be entitled, for the
purpose of litigating any petition, motion, or appeal.
``(d) The failure of a court to meet or comply with the time
limitations under this section shall not be a ground for granting
relief from a judgment of conviction or sentence. The State or
Government may enforce the time limitations under this section by
applying to the court of appeals or the Supreme Court for a writ of
mandamus.
``(e) The Administrative Office of United States Courts shall
report annually to Congress on the compliance by the courts with the
time limits established in this section.
``(f) The adjudication of any petition under section 2254 of this
title that is subject to this chapter, and the adjudication of any
motion under section 2255 of this title by a person under sentence of
death, shall be given priority by the district court and by the court
of appeals over all noncapital matters.
``Sec. 2262. Rule of construction
``This chapter shall be construed to promote the expeditious
conduct and conclusion of State and Federal court review in capital
cases.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part VI of title 28, United States Code, is amended by inserting after
the item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases.... 2256''.
CHAPTER 3--FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS PETITIONS IN
CAPITAL CASES
SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the
following new section:
``Sec. 515. Notwithstanding any other provision of this subpart,
the Director shall provide grants to the States, from the funding
allocated pursuant to section 511, for the purpose of supporting
litigation pertaining to Federal habeas corpus petitions in capital
cases. The total funding available for such grants within any fiscal
year shall be equal to the funding provided to capital resource
centers, pursuant to Federal appropriation, in the same fiscal year.''.
Subtitle B--Federal Death Penalty Procedures Reform
SEC. 111. FEDERAL DEATH PENALTY PROCEDURES REFORM.
(a) In General.--Subsection (e) of section 3593 of title 18, United
States Code, is amended by striking ``Based upon this consideration''
and all that follows through the end of such subsection and inserting
the following: ``The jury, or if there is no jury, the court, shall
then consider whether the aggravating factor or factors found to exist
outweigh any mitigating factors. The jury, or if there is no jury, the
court shall recommend a sentence of death if it unanimously finds at
least one aggravating factor and no mitigating factor or if it finds
one or more aggravating factors which outweigh any mitigating factors.
In any other case, it shall not recommend a sentence of death. The jury
shall be instructed that it must avoid any influence of sympathy,
sentiment, passion, prejudice, or other arbitrary factors in its
decision, and should make such a recommendation as the information
warrants. The jury shall be instructed that its recommendation
concerning a sentence of death is to be based on the aggravating factor
or factors and any mitigating factors which have been found, but that
the final decision concerning the balance of aggravating and mitigating
factors is a matter for the jury's judgment.''.
(b) Conforming Amendment.--Section 3594 of title 18, United States
Code, is amended by striking ``or life imprisonment without possibility
of release''.
TITLE II--DETERRING GUN CRIMES
SEC. 201. MANDATORY PRISON TERMS FOR CARRYING, USING, OR DISCHARGING A
FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME THAT
IS A SERIOUS VIOLENT FELONY OR SERIOUS DRUG OFFENSE.
Section 924(c) of title 18, United States Code, is amended to read
as follows:
``(c)(1)(A)(i) A person who, during and in relation to a serious
violent felony or serious drug offense (including a serious violent
felony or serious drug offense that provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or device) for
which the person may be prosecuted in a court of any State--
``(I) knowingly carries a firearm, shall, in addition to
the sentence imposed for the serious violent felony or serious
drug offense, be sentenced to imprisonment for not less than 5
years;
``(II) knowingly uses a firearm, shall, in addition to the
sentence imposed for the serious violent felony or serious drug
offense, be sentenced to imprisonment for not less than 10
years; or
``(III) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the serious violent felony or serious drug offense, be
sentenced to imprisonment for not less than 30 years;
except that if the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, the person shall,
in addition to the sentence imposed for the serious violent felony or
serious drug offense, be sentenced to life imprisonment.
``(B) Subparagraph (A) shall not apply to the conduct of a person
in defense of person or property during the course of a crime committed
by another person (including the arrest or attempted arrest of such
other person during or immediately after the commission of the crime),
unless the person engaged in or participated in criminal conduct that
gave rise to the criminal conduct of such other person.
``(C) It is the intent of the Congress that--
``(i) this paragraph shall be used to supplement but not
supplant the efforts of State and local prosecutors in
prosecuting serious violent felonies and serious drug offenses
that could be prosecuted under State law; and
``(ii) the Attorney General shall give due deference to the
interest that a State or local prosecutor has in prosecuting a
person under State law.
``(2)(A)(i) A person who, during and in relation to a crime of
violence or drug trafficking crime (including a crime of violence or
drug trafficking crime that provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which the person may be prosecuted in a court of the United States--
``(I) knowingly carries a firearm, shall, in addition to
the sentence imposed for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for not less
than 5 years;
``(II) knowingly uses a firearm, shall, in addition to the
sentence imposed for the crime of violence or drug trafficking
crime, be sentenced to imprisonment for not less than 10 years;
or
``(III) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the crime of violence or drug trafficking crime, be sentenced
to imprisonment for not less than 20 years.
``(ii) A person who, during and in relation to a crime of violence
or drug trafficking crime (including a crime of violence or drug
trafficking crime that provides for an enhanced punishment if committed
by the use of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States--
``(I) knowingly carries a short-barreled rifle, short-
barreled shotgun, or semiautomatic assault weapon, shall, in
addition to the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprisonment for not
less than 10 years;
``(II) knowingly uses a short-barreled rifle, short-
barreled shotgun, or semiautomatic assault weapon, shall, in
addition to the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprisonment for not
less than 15 years; or
``(III) discharges a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon with the intent to
injure another person, shall, in addition to the sentence
imposed for the crime of violence or drug trafficking crime, be
sentenced to imprisonment for not less than 25 years.
``(iii) A person who, during and in relation to a crime of violence
or drug trafficking crime (including a crime of violence or drug
trafficking crime that provides for an enhanced punishment if committed
by the use of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States, knowingly
carries or knowingly uses a firearm that is a machinegun or destructive
device or is equipped with a firearm silencer or firearm muffler, or
discharges such a firearm with the intent to injure another person,
shall, in addition to the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprisonment for not less than
30 years.
``(B) A person who has been convicted under this subsection and
who, during and in relation to a crime of violence or drug trafficking
crime (including a crime of violence or drug trafficking crime that
provides for an enhanced punishment if committed by the use of a deadly
or dangerous weapon or device) for which the person may be prosecuted
in a court of the United States--
``(i) knowingly carries a firearm, shall, in addition to
the sentence imposed for the serious violent felony or serious
drug offense, be sentenced to imprisonment for not less than 10
years;
``(ii) knowingly uses a firearm, shall, in addition to the
sentence imposed for the serious violent felony or serious drug
offense, be sentenced to imprisonment for not less than 20
years; or
``(iii) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the serious violent felony or serious drug offense, be
sentenced to imprisonment for not less than 20 years;
except that, if the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, the person shall,
in addition to the sentence imposed for the serious violent felony or
serious drug offense, be sentenced to imprisonment for not less than 30
years.
``(ii) A person who has been convicted under this subsection and
who, during and in relation to a serious violent felony or serious drug
offense (including a serious violent felony or serious drug offense
that provides for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of any State--
``(I) knowingly carries a firearm, shall, in addition to
the sentence imposed for the serious violent felony or serious
drug offense, be sentenced to imprisonment for not less than 10
years;
``(II) knowingly uses a firearm, shall, in addition to the
sentence imposed for the serious violent felony or serious drug
offense, be sentenced to imprisonment for not less than 20
years; or
``(III) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the serious violent felony or serious drug offense, be
sentenced to imprisonment for not less than 30 years;
except that if the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, the person shall,
in addition to the sentence imposed for the serious violent felony or
serious drug offense, be sentenced to life imprisonment.
``(3)(A) Notwithstanding any other provision of law, the court
shall not impose a probationary sentence on any person convicted of a
violation of this subsection, nor shall a term of imprisonment imposed
under this subsection run concurrently with any other term of
imprisonment including that imposed for the serious violent felony,
serious drug offense, crime of violence, or drug trafficking crime in
which the firearm was used.
``(B) No person sentenced under this subsection shall be released
for any reason whatsoever during a term of imprisonment imposed under
this subsection.
``(4) As used in this subsection:
``(A) The term `serious violent felony' means--
``(i) a crime of violence; or
``(ii) a serious violent felony (as defined in
section 3559(c)(2)(F)).
``(B) The term `serious drug offense' means--
``(i) a drug trafficking crime;
``(ii) an offense that is punishable under section
401(b)(1)(B) or section 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(B), 848), or
section 1010(b)(1)(A) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)(1)(A)); or
``(III) an offense under State law that, had the
offense been prosecuted in a court of the United
States, would have been punishable under section
401(b)(1)(B) or section 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(B), 848), or
section 1010(b)(1)(A) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)(1)(A)).
``(C) The term `crime of violence' means an offense that is
a felony and--
``(i) has as an element the use, attempted use, or
threatened use of physical force against the person or
property of another; or
``(ii) that by its nature, involves a substantial
risk that physical force against the person or property
of another may be used in the course of committing the
offense.
``(D) The term `drug trafficking crime' means any felony
punishable under the Controlled Substances Act (21 U.S.C. 801
et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).''.
TITLE III--MANDATORY VICTIM RESTITUTION
SEC. 301. MANDATORY RESTITUTION AND OTHER PROVISIONS.
(a) Order of Restitution.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``may order'' and inserting ``shall
order''; and
(B) by adding at the end the following new
paragraph:
``(4) In addition to ordering restitution of the victim of the
offense of which a defendant is convicted, a court may order
restitution of any person who, as shown by a preponderance of evidence,
was harmed physically, emotionally, or pecuniarily, by unlawful conduct
of the defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern of
unlawful activity related to the offense.'';
(2) in subsection (b)(1)(B) by striking ``impractical'' and
inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional or''
after ``resulting in'';
(4) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) in any case, reimburse the victim for necessary child
care, transportation, and other expenses related to
participation in the investigation or prosecution of the
offense or attendance at proceedings related to the offense;
and''.
(5) in subsection (c) by striking ``If the court decides to
order restitution under this section, the'' and inserting
``The'';
(6) by striking subsections (d), (e), (f), (g), and (h);
(7) by redesignating subsection (i) as subsection (m); and
(8) by inserting after subsection (c) the following:
``(d)(1) The court shall order restitution to a victim in the full
amount of the victim's losses as determined by the court and without
consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall specify in the restitution order the manner in
which and the schedule according to which the restitution is to be
paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the offender;
and
``(C) any financial obligations of the offender, including
obligations to dependents.
``(3) A restitution order may direct the offender to make a single,
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person or
organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
``(f) When the court finds that more than 1 victim has sustained a
loss requiring restitution by an offender, the court shall order full
restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
``(g)(1) If the victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other source,
the court shall order that restitution be paid to the person who
provided or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of victims
required by the order be paid to the victims before any restitution is
paid to such a provider of compensation.
``(2) The issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually received
by the victim under the restitution order fully compensate the victim
for the loss, at which time a person that has provided compensation to
the victim shall be entitled to receive any payments remaining to be
paid under the restitution order.
``(3) Any amount paid to a victim under an order of restitution
shall be set off against any amount later recovered as compensatory
damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution payments and
other forms of transfers of money or property made pursuant to
the sentence of the court shall be made by the offender to an
entity designated by the Director of the Administrative Office
of the United States Courts for accounting and payment by the
entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
``(A) log all transfers in a manner that tracks the
offender's obligations and the current status in
meeting those obligations, unless, after efforts have
been made to enforce the restitution order and it
appears that compliance cannot be obtained, the court
determines that continued recordkeeping under this
subparagraph would not be useful;
``(B) notify the court and the interested parties
when an offender is 90 days in arrears in meeting those
obligations; and
``(3) the offender shall advise the entity designated by
the Director of the Administrative Office of the United States
Courts of any change in the offender's address during the term
of the restitution order.
``(i) A restitution order shall constitute a lien against all
property of the offender and may be recorded in any Federal or State
office for the recording of liens against real or personal property.
``(j) Compliance with the schedule of payment and other terms of a
restitution order shall be a condition of any probation, parole, or
other form of release of an offender. If a defendant fails to comply
with a restitution order, the court may revoke probation or a term of
supervised release, modify the term or conditions of probation or a
term of supervised release, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of property of
the defendant, accept a performance bond, or take any other action
necessary to obtain compliance with the restitution order. In
determining what action to take, the court shall consider the
defendant's employment status, earning ability, financial resources,
the willfulness in failing to comply with the restitution order, and
any other circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the collection and
payment of fines in subchapter (B) of chapter 229 of
this title; or
``(B) in the same manner as a judgment in a civil
action; and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a civil
action.
``(l) A victim or the offender may petition the court at any time
to modify a restitution order as appropriate in view of a change in the
economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section 3664 of
title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the court to
obtain information pertaining to the amount of loss sustained by any
victim as a result of the offense, the financial resources of the
defendant, the financial needs and earning ability of the defendant and
the defendant's dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include the
information collected in the report of presentence investigation or in
a separate report, as the court directs.''; and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.''.
TITLE IV--LAW ENFORCEMENT BLOCK GRANTS
SEC. 401. BLOCK GRANT PROGRAM.
Title I of the Violent Crime Control and Law Enforcement Act of
1994 is amended to read as follows:
``TITLE I--LAW ENFORCEMENT BLOCK GRANTS
``SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.
``(a) Payment and Use.--
``(1) Payment.--The Director of the Bureau of Justice
Assistance, shall pay to each unit of local government which
qualifies for a payment under this title an amount equal to the
sum of any amounts allocated to such unit under this title for
each payment period. The Director shall pay such amount from
amounts appropriated to carry out this title.
``(2) Use.--Amounts paid to a unit of local government
under this section shall be used by the unit for reducing crime
and improving public safety, including but not limited to, one
or more of the following purposes:
``(A)(i) hiring, training, and employing on a
continuing basis new, additional law enforcement
officers and necessary support personnel;
``(ii) paying overtime to presently employed law
enforcement officers and necessary support personnel
for the purpose of increasing the number of hours
worked by such personnel; and
``(iii) procuring equipment, technology, and other
material directly related to basic law enforcement
functions.
``(B) Enhancing school security measures by--
``(i) providing increased law enforcement
patrols in and around schools, whether through
the hiring of additional law enforcement
officers or paying overtime to presently
employed officers;
``(ii) purchasing law enforcement equipment
necessary to carry out normal law enforcement
functions in and around schools;
``(iii) equipping schools with metal
detectors, fences, closed circuit cameras, and
other physical safety measures; and
``(iv) gun hotlines designed to facilitate
the reporting of weapons possession by students
and other individuals in and around schools.
``(C) Establishing crime prevention programs that
are organized, supervised by, or involve substantial
participation of law enforcement officials and that are
intended to discourage, disrupt, or interfere with the
commission of criminal activity, including neighborhood
watches and citizen patrols.
``(b) Timing of Payments.--The Director shall pay each unit of
local government that has submitted an application under this title not
later than--
``(1) 90 days after the date that the amount is available,
or
``(2) the first day of the payment period if the unit of
local government has provided the Director with the assurances
required by section 103(d),
whichever is later.
``(c) Adjustments.--
``(1) In general.--Subject to paragraph (2), the Director
shall adjust a payment under this title to a unit of local
government to the extent that a prior payment to the unit of
local government was more or less than the amount required to
be paid.
``(2) Considerations.--The Director may increase or
decrease under this subsection a payment to a unit of local
government only if the Director determines the need for the
increase or decrease, or if the unit requests the increase or
decrease, not later than one year after the end of the payment
period for which a payment was made.
``(d) Reservation for Adjustment.--The Director may reserve a
percentage of not more than two percent of the amount under this
section for a payment period for all units of local government in a
State if the Director considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of local government in the State.
``(e) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A unit of local government shall
repay to the Director, by not later than 27 months after
receipt of funds from the Director, any amount that is--
``(A) paid to the unit from amounts appropriated
under the authority of this section; and
``(B) not expended by the unit within two years
after receipt of such funds from the Director.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Director shall reduce payment
in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Director as repayments under this subsection shall be deposited
in a designated fund for future payments to units of local
government.
``(f) Nonsupplanting Requirement.--Funds made available under this
title to units of local government shall not be used to supplant State
or local funds, but shall be used to increase the amount of funds that
would, in the absence of funds under this title, be made available from
State or local sources.
``SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title--
``(1) $2,000,000,000 for fiscal year 1996;
``(2) $2,000,000,000 for fiscal year 1997;
``(3) $2,000,000,000 for fiscal year 1998;
``(4) $2,000,000,000 for fiscal year 1999; and
``(5) $2,000,000,000 for fiscal year 2000.
``(b) Administrative Costs.--Not more than 2.5 percent of the
amount authorized to be appropriated under subsection (a) for each of
the fiscal years 1995 through 2000 shall be available to the Director
for administrative costs to carry out the purposes of this title. Such
sums are to remain available until expended.
``(c) Availability.--The amounts authorized to be appropriated
under subsection (a) shall remain available until expended.
``SEC. 103. QUALIFICATION FOR PAYMENT.
``(a) In General.--The Director shall issue regulations
establishing procedures under which an unit of local government is
required to provide notice to the Director regarding the proposed use
of assistance under this title.
``(b) General Requirements for Qualification.--An unit of local
government qualifies for a payment under this title for a payment
period only if the unit submits an application to the Director and
establishes, to the satisfaction of the Director, that--
``(1) the unit of local government will establish a trust
fund in which the government will deposit all payments received
under this title;
``(2) the unit of local government will use amounts in the
trust fund (including interest) during a period not to exceed
two years from the date the first grant payment is made to the
government;
``(3) the unit of local government will expend the payments
received in accordance with the laws and procedures that are
applicable to the expenditure of revenues of the unit of
government;
``(4) the unit of local government will use accounting,
audit, and fiscal procedures that conform to guidelines which
shall be prescribed by the Director after consultation with the
Comptroller General and as applicable, amounts received under
this title shall be audited in compliance with the Single Audit
Act of 1984;
``(5) after reasonable notice from the Director or the
Comptroller General to the unit of government, the unit of
local government will make available to the Director and the
Comptroller General, with the right to inspect, records that
the Director reasonably requires to review compliance with this
title or that the Comptroller General reasonably requires to
review compliance and operation;
``(6) a designated official of the unit of local government
shall make reports the Director reasonably requires, in
addition to the annual reports required under this title; and
``(7) the unit of local government will spend the funds
only for the purposes set forth in section 101(a)(2).
``(c) Review by Governors.--A unit of local government shall give
the chief executive officer of the State in which the government is
located an opportunity for review and comment before establishing
compliance with subsection (d).
``(d) Sanctions for Noncompliance.--
``(1) In general.--If the Director determines that a unit
of local government has not complied substantially with the
requirements or regulations prescribed under subsection (b),
the Director shall notify the unit of local government that if
the unit of local government does not take corrective action
within 60 days of such notice, the Director will withhold
additional payments to the unit of local government for the
current and future payment periods until the Director is
satisfied that the unit of local government--
``(A) has taken the appropriate corrective action;
and
``(B) will comply with the requirements and
regulations prescribed under subsection (b).
``(2) Notice.--Before giving notice under paragraph (1),
the Director shall give the chief executive officer of the unit
of local government reasonable notice and an opportunity for
comment.
``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Except as provided in section 103(d), of
the total amounts appropriated for this title for each payment period,
the Director shall allocate for units of local government--
``(1) 0.25 percent to each State; and
``(2) of the total amount of funds remaining after
allocation under paragraph (1), an amount that is equal to the
ratio that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for 1993, bears to
the number of part 1 violent crimes reported by all States to
the Federal Bureau of Investigation for 1993.
``(b) Local Distribution.--
``(1) From the amount reserved for each State under
subsection (a), the Director shall allocate to each unit of
local government an amount which--
``(A) bears the ratio that the number of part 1
violent crimes reported by such unit to the Federal
Bureau of Investigation for 1993 bears to the number of
part 1 violent crimes reported by all units of local
government in the State in which the unit is located to
the Federal Bureau of Investigation for 1993 multiplied
by the ratio of the population living in all units in
the State in which the unit is located that reported
part 1 violent crimes to the Federal Bureau of
Investigation for 1993 bears to the population of the
State; or
``(B) if such data are not available for a unit,
the ratio that the population of such unit bears to the
population of all units of local government in the
State in which the unit is located for which data are
not available multiplied by the ratio of the population
living in units in the State in which the unit is
located for which data are not available bears to the
population of the State.
``(2) If under paragraph (1) a unit of local government is
allotted less than $5,000 for the payment period, the amount
allotted shall be transferred to the Governor of the State who
shall equitably distribute the allocation to all such units or
consortia, as the case may be.
``(3)(A) If a unit of local government in a State that has
been incorporated since the date of the collection of the data
used by the Director in making allocations pursuant to this
section, the Director shall allocate to this newly incorporated
unit of local government, out of the amount allocated to the
State under this section, an amount bearing the same ratio to
the amount allocated to the State as the population of the
newly incorporated local government bears to the population of
the State.
``(B) If a unit of local government in the State has been
annexed since the date of the collection of the data used by
the Director in making allocations pursuant to this section,
the Director shall pay the amount that would have been
allocated to such unit of local government to the unit of local
government that annexed it.
``(c) Unavailability of Information.--For purposes of this section,
if data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Director shall utilize the
best available comparable data regarding the number of violent crimes
for 1993 for such State for the purposes of allocation of any funds
under this title.
``SEC. 105. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this title may be
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section
101(a)(2).
``SEC. 106. PUBLIC PARTICIPATION.
``(a) In General.--A unit of local government expending payments
under this title shall hold at least one public hearing on the proposed
use of the payment from the Director in relation to its entire budget.
``(b) Views.--At the hearing, persons shall be given an opportunity
to provide written and oral views to the unit of local government
authority responsible for enacting the budget and to ask questions
about the entire budget and the relation of the payment from the
Director to the entire budget.
``(c) Time and Place.--The unit of local government shall hold the
hearing at a time and place that allows and encourages public
attendance and participation.
``SEC. 107. ADMINISTRATIVE PROVISIONS.
``The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968, shall apply to this title.
``SEC. 108. DEFINITIONS.
``For the purposes of this title:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
unit of local government as determined by the Secretary
of Commerce for general statistical purposes; and
``(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental
duties and powers.
``(2) The term `payment period' means each one-year period
beginning on October 1 of any year in which a grant under this
title is awarded.
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam, and
the Northern Mariana Islands shall be considered as one State
and that, for purposes of section 104(a), 33 percent of the
amounts allocated shall be allocated to American Samoa, 50
percent to Guam, and 17 percent to the Northern Mariana
Islands.
``(4) The term `Juvenile' means an individual who is 17
years of age or younger.
``(5) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``(6) The term `Director' means the Director of the Bureau
of Justice Assistance.''.
SEC. 402. CONFORMING AMENDMENT.
The amendments made to the Omnibus Crime Control and Safe Streets
Act of 1968, as added by title I of the Violent Crime Control and Law
Enforcement Act of 1994, are repealed.
TITLE V--TRUTH IN SENTENCING GRANTS
SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM.
Title V of the Violent Crime Control and Law Enforcement Act of
1994 is amended to read as follows:
``TITLE V--TRUTH IN SENTENCING GRANTS
``SEC. 501. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General is authorized to provide
grants to eligible States and to eligible States organized as a
regional compact to build, expand, and operate space in correctional
facilities in order to increase the prison bed capacity in such
facilities for the confinement of persons convicted of a serious
violent felony and to build, expand, and operate temporary or permanent
correctional facilities, including facilities on military bases, for
the confinement of convicted nonviolent offenders and criminal aliens
for the purpose of freeing suitable existing prison space for the
confinement of persons convicted of a serious violent felony.
``(b) Limitation.--An eligible State or eligible States organized
as a regional compact may receive either a general grant under section
502 or a truth-in-sentencing incentive grant under section 503.
``SEC. 502. GENERAL GRANTS.
``(a) Distribution of General Grants.--50 percent of the total
amount of funds made available under this title for each of the fiscal
years 1995 through 2000 shall be made available for general eligibility
grants for each State or States organized as a regional compact that
meets the requirements of subsection (b).
``(b) General Grants.--In order to be eligible to receive funds
under subsection (a), a State or States organized as a regional compact
shall submit an application to the Attorney General that provides
assurances that such State since 1993 has--
``(1) increased the percentage of convicted violent
offenders sentenced to prison;
``(2) increased the average prison time actually to be
served in prison by convicted violent offenders sentenced to
prison; and
``(3) increased the percentage of sentence to be actually
served in prison by violent offenders sentenced to prison.
``SEC. 503. TRUTH-IN-SENTENCING GRANTS.
``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the
total amount of funds made available under this title for each of the
fiscal years 1995 through 2000 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a
regional compact that meet the requirements of subsection (c).
``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In
order to be eligible to receive funds under subsection (a), a State or
States organized as a regional compact shall submit an application to
the Attorney General that provides assurances that each State applying
has enacted laws and regulations which include--
``(1)(A) truth-in-sentencing laws which require persons
convicted of a serious violent felony serve not less than 85
percent of the sentence imposed or 85 percent of the court-
ordered maximum sentence for States that practice indeterminate
sentencing; or
``(B) truth-in-sentencing laws which have been enacted, but
not yet implemented, that require such State, not later than
three years after such State submits an application to the
Attorney General, to provide that persons convicted of a
serious violent felony serve not less than 85 percent of the
sentence imposed or 85 percent of the court-ordered maximum
sentence for States that practice indeterminate sentencing, and
``(2) laws requiring that the sentencing or releasing
authorities notify and allow the victims of the defendant or
the family of such victims the opportunity to be heard
regarding the issue of sentencing and any postconviction
release.
``SEC. 504. SPECIAL RULES.
``(a) Indeterminant Sentencing Exception.--Notwithstanding the
provisions of paragraphs (1) through (3) of section 502(b), a State
shall be eligible for grants under this title, if the State, not later
than the date of the enactment of this title--
``(1) practices indeterminant sentencing; and
``(2) the average times served in such State for the
offenses of murder, rape, robbery, and assault exceed, by 10
percent or greater, the national average of times served for
such offenses.
``(b) Exception.--The requirements under section 502(b) shall
apply, except that a State may provide that the Governor of the State
may allow for the release of a prisoner over the age of 70 after a
public hearing in which representatives of the public and the
prisoner's victims have an opportunity to be heard regarding a proposed
release.
``SEC. 505. FORMULA FOR GRANTS.
``To determine the amount of funds that each eligible State or
eligible States organized as a regional compact may receive to carry
out programs under section 502 or 503, the Attorney General shall apply
the following formula:
``(1) $500,000 or 0.40 percent, whichever is greater shall
be allocated to each participating State or compact, as the
case may be; and
``(2) of the total amount of funds remaining after the
allocation under paragraph (1), there shall be allocated to
each State or compact, as the case may be, an amount which
bears the same ratio to the amount of remaining funds described
in this paragraph as the population of such State or compact,
as the case may be, bears to the population of all the States.
``SEC. 506. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State or States organized as a
regional compact that receives funds under this title shall use
accounting, audit, and fiscal procedures that conform to guidelines
which shall be prescribed by the Attorney General.
``(b) Reporting.--Each State that receives funds under this title
shall submit an annual report, beginning on January 1, 1996, and each
January 1 thereafter, to the Congress regarding compliance with the
requirements of this title.
``(c) Administrative Provisions.--The administrative provisions of
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act
of 1968 shall apply to the Attorney General in the same manner as such
provisions apply to the officials listed in such sections.
``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $232,000,000 for fiscal year 1995;
``(2) $997,500,000 for fiscal year 1996;
``(3) $1,330,000,000 for fiscal year 1997;
``(4) $2,527,000,000 for fiscal year 1998;
``(5) $2,660,000,000 for fiscal year 1999; and
``(6) $2,753,100,000 for fiscal year 2000.
``(b) Restriction.--No funds may be used for other purposes
authorized by this Act in fiscal years 1995 through 1999 unless the
programs under this title are fully funded in such years.
``(c) Limitations on Funds.--
``(1) Uses of funds.--Funds made available under this title
may be used to carry out the purposes described in section
501(a).
``(2) Nonsupplanting requirement.--Funds made available
under this section shall not be used to supplant State funds,
but shall be used to increase the amount of funds that would,
in the absence of Federal funds, be made available from State
sources.
``(3) Administrative costs.--Not more than three percent of
the funds available under this section may be used for
administrative costs.
``(4) Matching funds.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal as described in an application approved
under this title.
``(5) Carry over of appropriations.--Any funds appropriated
but not expended as provided by this section during any fiscal
year shall remain available until expended.
``SEC. 508. DEFINITIONS.
``As used in this title--
``(1) the term `indeterminate sentencing' means a system by
which--
``(A) the court has discretion on imposing the
actual length of the sentence imposed, up to the
statutory maximum; and
``(B) an administrative agency, generally the
parole board, controls release between court-ordered
minimum and maximum sentence;
``(2) the term `serious violent felony' means--
``(A) an offense that is a felony and has as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another and has a maximum term of imprisonment of 10
years or more,
``(B) any other offense that is a felony and that,
by its nature, involves a substantial risk that
physical force against the person or property of
another may be used in the course of committing the
offense and has a maximum term of imprisonment of 10
years or more, or
``(C) such crimes include murder, assault with
intent to commit murder, arson, armed burglary, rape,
assault with intent to commit rape, kidnapping, and
armed robbery; and
``(3) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.''.
TITLE VI--EXCLUSIONARY RULE REFORM
SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
``(a) Evidence Obtained by Objectively Reasonable Search or
Seizure.--Evidence which is obtained as a result of a search or seizure
shall not be excluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation of the fourth
amendment to the Constitution of the United States, if the search or
seizure was carried out in circumstances justifying an objectively
reasonable belief that it was in conformity with the fourth amendment.
The fact that evidence was obtained pursuant to and within the scope of
a warrant constitutes prima facie evidence of the existence of such
circumstances.
``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall
not be excluded in a proceeding in a court of the United States on the
ground that it was obtained in violation of a statute, an
administrative rule or regulation, or a rule of procedure unless
exclusion is expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
``(c) Rule of Construction.--This section shall not be construed to
require or authorize the exclusion of evidence in any proceeding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by adding at
the end the following:
``3510. Admissibility of evidence obtained by search or seizure.''.
TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS
SEC. 701. EXHAUSTION REQUIREMENT.
Section 7(a)(1) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997d) is amended--
(1) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(2) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(3) by inserting ``are exhausted'' after ``available''.
SEC. 702. FRIVOLOUS ACTIONS.
Section 7(a) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997d(a)) is amended by adding at the end the following:
``(3) The court shall on its own motion or on motion of a
party dismiss any action brought pursuant to section 1979 of
the Revised Statutes of the United States by an adult convicted
of a crime and confined in any jail, prison, or other
correctional facility if the court is satisfied that the action
fails to state a claim upon which relief can be granted or is
frivolous or malicious.
SEC. 703. MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 7(b)(2) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997d(b)(2)) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (E) as subparagraphs (A)
through (D), respectively.
SEC. 704. PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States Code, is
amended--
(1) by inserting ``at any time'' after ``counsel and may'';
and
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial filing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title 28,
United States Code, is amended by adding at the end the following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section, such
prisoner shall include in that affidavit a statement of all assets such
prisoner possesses. The court shall make inquiry of the correctional
institution in which the prisoner is incarcerated for information
available to that institution relating to the extent of the prisoner's
assets. The court shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS
SEC. 801. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of
the Immigration Technical Amendments Act of 1994 (Public Law 103-416),
is amended--
(1) in subparagraph (J), by inserting ``, or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling
offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i),
(B) by redesignating clause (ii) as clause (iii),
and
(C) by inserting after clause (i) the following new
clause:
``(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution) for commercial advantage; or'';
(3) in subparagraph (N), by striking ``of title 18, United
States Code'';
(4) in subparagraph (O), by striking ``which constitutes''
and all that follows up to the semicolon at the end and
inserting ``, for the purpose of commercial advantage'';
(5) by striking ``and'' at the end of subparagraph (P);
(6) by striking the period at the end of subparagraph (Q)
and inserting a semicolon; and
(7) by inserting after subparagraph (Q) the following new
subparagraphs:
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which a sentence of 5 years' imprisonment or more may
be imposed;
``(S) an offense relating to perjury or subornation
of perjury for which a sentence of 5 years'
imprisonment or more may be imposed; and
``(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to
or dispose of a charge of a felony for which a sentence
of 2 years' imprisonment or more may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to convictions entered on or after the date of the enactment of
this Act, except that the amendment made by subsection (a)(3) shall
take effect as if included in the enactment of section 222 of the
Immigration Technical Amendments Act of 1994.
SEC. 802. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE
NOT PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the Immigration
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a)
of the Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A) and inserting ``or'', and
(B) by amending subparagraph (B) to read as
follows:
``(B) had permanent resident status on a
conditional basis (as described in section 216) at the
time that proceedings under this section commenced.'';
(2) in paragraph (3), by striking ``30 calendar days'' and
inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking ``proccedings'' and
inserting ``proceedings''; and
(4) by adding at the end the following new paragraph:
``(5) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in the Attorney General's discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), is amended to read as follows:
``(d) Notwithstanding subsection (c), a petition for review or for
habeas corpus on behalf of an alien described in section 242A(c) may
only challenge whether the alien is in fact an alien described in such
section, and no court shall have jurisdiction to review any other
issue.''.
(c) Presumption of Deportability.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after
subsection (b) the following new subsection:
``(c) Presumption of Deportability.--An alien convicted of an
aggravated felony shall be conclusively presumed to be deportable from
the United States.''.
(d) Effective Date.--The amendments made by this section shall
apply to all aliens against whom deportation proceedings are initiated
after the date of the enactment of this Act.
SEC. 803. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL
ALIENS.
(a) Defenses Based on Seven Years of Permanent Residence.--The last
sentence of section 212(c) of the Immigration and Nationality Act (8
U.S.C. 1182(c)) is amended by striking ``has served for such felony or
felonies'' and all that follows through the period and inserting ``has
been sentenced for such felony or felonies to a term of imprisonment of
at least 5 years, if the time for appealing such conviction or sentence
has expired and the sentence has become final.''.
(b) Defenses Based on Withholding of Deportation.--Section
243(h)(2) of such Act (8 U.S.C. 1253(h)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (C),
(2) by inserting ``or'' at the end of subparagraph (D), and
(3) by striking the final sentence and inserting the
following new subparagraph:
``(E) the alien has been convicted of an aggravated
felony.''.
SEC. 804. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION
ORDER.
(a) In General.--Section 276 of the Immigration and Nationality Act
(8 U.S.C. 1326) is amended by adding at the end the following new
subsection:
``(c) In a criminal proceeding under this section, an alien may not
challenge the validity of the deportation order described in subsection
(a)(1) or subsection (b) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to criminal proceedings initiated after the date of the enactment
of this Act.
SEC. 805. CRIMINAL ALIEN TRACKING CENTER.
Section 130002(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-312) is amended to read as follows:
``(a) Operation and Purpose.--The Commissioner of Immigration and
Naturalization, with the cooperation of the Director of the Federal
Bureau of Investigation and the heads of other agencies, shall, under
the authority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien
tracking center. The criminal alien tracking center shall be used to
assist Federal, State, and local law enforcement agencies in
identifying and locating aliens who may be subject to deportation by
reason of their conviction of aggravated felonies.''.
SEC. 806. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in Deportation
Hearings.--The second sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the
period the following: ``; except that nothing in this subsection shall
preclude the Attorney General from authorizing proceedings by
electronic or telephonic media (with the consent of the alien) or,
where waived or agreed to by the parties, in the absence of the
alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is
amended by adding at the end the following: ``Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by any
party against the United States or its agencies or officers or
any other person.''.
(2) Section 225 of the Immigration Technical Amendments Act
of 1994 (Public Law 103-416) is amended by striking ``and
nothing in'' and all that follows through ``1252(i))''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the Immigration
Technical Amendments Act of 1994 (Public Law 103-416).
SEC. 807. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this title shall be construed to create any
substantive or procedural right or benefit that is legally enforceable
by any party against the United States or its agencies or officers or
any other person.
TITLE IX--AMENDMENTS TO VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
SEC. 901. PRISONS.
Subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 is repealed.
SEC. 902. CRIME PREVENTION.
Subtitles A through S and subtitle X of title III of the Violent
Crime Control and Law Enforcement Act of 1994 are repealed and the
provisions of law amended by such subtitles shall read as if the
amendments made by such subtitles had not been enacted.
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HR 3 SC----2
HR 3 SC----3
HR 3 SC----4
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HR 3 SC----6
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H248)
Sponsor introductory remarks on measure. (CR H492-493)
Sponsor introductory remarks on measure. (CR E295)
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