Local Law Enforcement Enhancement Act of 1995

TABLE OF CONTENTS:

Title I: Prisons

Title II: Police Officers

Title III: Law Enforcement

Title IV: Technology

Title V: Triggerlock

Title VI: Equal Protection for Victims

Title VII: Military

Title VIII: Exclusionary Rule

Title IX: Habeas Corpus Reform

Local Law Enforcement Enhancement Act of 1995 - Title I: Prisons - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to: (1) build or expand correctional facilities to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) build, expand, and operate temporary or permanent correctional facilities for convicted nonviolent offenders and criminal aliens to free suitable existing prison space for the confinement of persons convicted of a serious violent felony.

Requires a State, to be eligible to receive: (1) general grant funds, to submit to the Attorney General an application that provides assurances that since 1990 such State has increased the percentage of convicted violent offenders sentenced to prison, the average prison time actually to be served in prison by such offenders, and the percentage of sentence to be actually served in prison by violent offenders; and (2) truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted truth-in-sentencing laws that either currently require, or within three years will require, 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 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. Authorizes appropriations.

(Sec. 102) Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Revises the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time, and to require the court to dismiss the case if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious.

Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay.

(Sec. 103) Revises provisions of the VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving: (1) any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right; and (2) any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation.

Title II: Police Officers - Revises the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize the Attorney General to make grants to cities (currently, to States, units of local government, Indian tribal governments, other public and private entities, and multijurisdictional or regional consortia thereof) to increase police presence, expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety; and (2) make various changes regarding the authorization of appropriations, the allocation and distribution of funds, grant renewal, and limits on the use of funds.

Title III: Law Enforcement - 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 the Bureau of Justice Assistance to pay to each unit of local government that 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 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; (3) establishing crime prevention programs that may involve law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (4) establishing or supporting drug courts; (5) establishing early intervention and prevention programs for juveniles; and (6) enhancing the adjudication process of cases involving violent offenders.

Sets forth provisions regarding: (1) prohibited uses of grant funds; (2) the timing of payments; (3) payment adjustments; (4) repayment of unexpended amounts; (5) nonsupplanting requirements; (6) qualification for payment; (7) program review; (8) general requirements for qualification; (9) sanctions for noncompliance; (10) allocation and distribution of funds; (11) utilization of the private sector; and (12) public participation. Authorizes appropriations. Repeals various VCCLEA provisions, including the Ounce of Prevention Council and the Local Partnership Act.

Title IV: Technology - Modifies VCCLEA provisions regarding funding (under the Omnibus Act) for DNA identification.

(Sec. 402) Directs the Attorney General to make funds available to the chief executive officer of each State to carry out a program to establish, develop, update, or upgrade: (1) computerized identification systems that are compatible and integrated with the databases of the FBI's National Crime Information Center; (2) ballistics identification programs that are compatible and integrated with the FBI's Drugfire Program; (3) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the FBI's Combined DNA Identification System (CODIS); and (4) automated fingerprint identification systems that are compatible and integrated with the FBI's Integrated Automated Fingerprint Identification System. Authorizes appropriations.

(Sec. 403) Authorizes appropriations for the FBI's Drugfire Program.

(Sec. 404) Requires the FBI Director to expand CODIS to include Federal crimes and crimes committed in the District of Columbia. Authorizes appropriations.

Title V: Triggerlock - Directs the Attorney General to require each U.S. Attorney to: (1) establish an armed violent criminal apprehension task force; and (2) report at least monthly to the Attorney General on the number of defendants charged with, or convicted of, violating specified provisions.

(Sec. 502) Provides for pretrial detention for possession of firearms or explosives by convicted felons.

(Sec. 504) Sets mandatory minimum terms of imprisonment for firearms possession by violent felons and serious drug offenders.

Title VI: Equal Protection for Victims - Amends the Federal criminal code to require (current law authorizes) the court to order restitution to 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 direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution, where the identity of such victims and others can be reasonably determined; (2) 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 (3) 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.

(Sec. 602) Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to provide for six peremptory challenges by each side; (2) rule 404 of the Federal Rules of Evidence to permit rebuttal of attacks on the victim's character; and (3) the Federal judicial code regarding limits on the number of members of committees who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases.

(Sec. 605) Amends the Federal criminal code to provide for testing for human immunodeficiency virus (HIV) in sexual assault cases. Directs the U.S Sentencing Commission to amend existing guidelines to enhance the sentence in such cases where the offender knew or had reason to know that the offender was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Repeals VCCLEA provisions regarding payment of the cost of testing for sexually transmitted diseases.

Title VII: Military - Prohibits the accrual of pay and allowances by members of the armed forces who are confined pending dishonorable discharge.

(Sec. 702) Amends the Federal criminal code to set penalties for criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the armed forces outside the United States.

Title VIII: Exclusionary Rule - 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 any 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 (but evidence otherwise excludable under such provision shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the statute, administrative rule or regulation, or rule of procedure).

Title IX: 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. 902) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right.

(Sec. 904) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.

(Sec. 905) Sets forth provisions regarding limitations on second or successive applications.

(Sec. 907) Sets forth special habeas corpus procedures in capital cases.

Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed.

Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.

(Sec. 908) Amends the Controlled Substances Act to provide that, in every criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services, may (currently, shall) be entitled to the appointment of one or more attorneys and the furnishing of such other services, subject to specified requirements.

Revises provisions regarding findings that such other services are necessary to authorize (current law requires) the court to authorize such services. Prohibits any ex parte proceeding, communication, or request from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding, communication, or request be transcribed and made a part of the record available for appellate review.