Crime Prevention Act of 1997

TABLE OF CONTENTS:

Title I: Equal Protection for Victims

Title II: Domestic Violence

Title III: Firearms

Title IV: Exclusionary Rule

Title V: Federal Death Penalty

Title VI: Habeas Corpus

Title VII: Juveniles and Drugs

Title VIII: Administrative Subpoena

Title X(sic): Special Masters

Title XI: Limitations on Social Security Benefits for

Prisoners

Title XIII(sic): Miscellaneous Provisions

Crime Prevention Act of 1997 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 to require the court, before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and to determine if the victim wishes to make a statement or present information in relation to the sentence; and (3) rule 404 of the Federal Rules of Evidence (FRE) to allow the prosecution to introduce evidence of a pertinent character trait of the accused if the accused offers evidence of a pertinent character trait of the victim.

Amends a provision regarding the right of allocution, under rule 32, to allow such right to be exercised, regardless of whether the victim is present, by: (1) a parent or legal guardian who is present at the sentencing hearing, if the victim is under age 18 or is incompetent; or (2) one or more family members or relatives designated by the court and present at such hearing, if the victim is deceased or if the victim is incapacitated, regardless of whether the victim is present.

(Sec. 104) Enacts Rules of Professional Conduct for Attorneys in Federal Practice, including a prohibition against abuse of victims and others and a duty of inquiry in relation to a client, a duty to expedite litigation, and a duty to prevent the commission of a crime.

(Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding balance in the composition of rules committees.

Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses.

(Sec. 202) Amends FRE: (1) 404 to allow the use of evidence of other crimes, wrongs, or acts as proof of a defendant's disposition toward a particular victim; and (2) 702 to allow testimony concerning the behavior and mental or emotional conditions of victims to explain a victim's failure or delay in reporting an offense, recantation of an accusation, or failure to cooperate in the investigation or prosecution.

(Sec. 204) Amends the Federal criminal code to require: (1) the testing of defendants (HIV) in sexual assault cases, with exceptions, for the human immunodeficiency virus and disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; and (2) the United States Sentencing Commission (Commission) to amend the Federal sentencing guidelines with respect to sex offenses to enhance the sentence if the offender knew or had reason to know that he or she was infected with HIV, with exceptions.

Amends the Violence Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Government to obtain an order requiring that the defendant charged with one of specified offenses against women be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, if appropriate. Modifies requirements to be met by the victim to obtain an order for such test.

Title III: Firearms - Imposes the following minimum penalties: (1) ten years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) 20 years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results.

(Sec. 302) Provides mandatory penalties (five years' or ten years' imprisonment, respectively) for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses.

(Sec. 303) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses.

(Sec. 304) Prohibits possession of an explosive during the commission of a felony.

Title IV: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with: (1) the Fourth Amendment; or (2) the statute, administrative rule or regulation, or rule of procedure the violation of which occasioned its being excludable.

Title V: Federal Death Penalty - Revises Federal death penalty standards and procedures to require the jury (or the court, as applicable), in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) during and in relation to the commission of the offense, or in escaping or attempting to escape apprehension, used or possessed a firearm; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year, involving the use of a firearm against another person.

Requires the defendant to give notice of mitigating factors that will be relied on in a capital sentencing hearing.

Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information.

Directs the jury to 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 that outweigh any mitigating factors.

Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty.

(Sec. 502) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified.

(Sec. 503) Provides for imposition of the death penalty for: (1) murders committed with firearms; and (2) murders committed in the District of Columbia.

Title VI: Habeas Corpus - Amends the Federal judicial code to prohibit an application for a writ of habeas corpus on behalf of a person in custody pursuant to a judgment or order of a State court from being entertained by a judge or a court of the United States unless the remedies in the courts of the State are inadequate or ineffective to test the legality of the person's detention.

Title VII: Juveniles and Drugs - Treats serious juvenile drug offenses as predicate offenses for purposes of the Armed Career Criminal Act.

(Sec. 702) Permits adult prosecution down to age 13 of juvenile offenders who commit serious violent felonies. Creates a presumption in favor of adult prosecution for such offenders who are 15 or older.

(Sec. 703) Amends the CSA to increase to three years the mandatory minimum penalties for a recidivist who distributes drugs to a minor or uses a minor in trafficking.

(Sec. 704) Amends procedures under the Federal criminal code regarding the use of records of crimes committed by juveniles. Repeals special probation and expungement procedures for drug possessors.

(Sec. 705) Sets penalties for drive-by shootings.

(Sec. 706) Amends the CSA to set penalties for physical trainers or advisers who attempt to get others to use steroids.

(Sec. 707) Adds hair analysis to the permissible forms of drug testing.

Title VIII: Administrative Subpoena - Grants the United States Secret Service administrative summons authority. Sets forth provisions regarding: (1) grounds for issuance; (2) the form of the summons; (3) service of process; and (4) place of service.

Authorizes a U.S. district court judge for the district in which an investigation is pending to issue an ex parte order prohibiting any person from disclosing the existence of such a summons for up to 180 days upon a showing that the materials being sought may be relevant to a legitimate law enforcement or protective intelligence inquiry and that there is reason to believe that such disclosure may result in endangerment to the life or physical safety of any person. Permits renewal for additional periods. Sets forth: (1) penalties for disclosure, with exceptions; and (2) enforcement provisions.

Title X (sic): Special Masters - Revises provisions regarding the appointment of special masters. Prohibits the court from requiring the parties to pay the compensation, expenses, or costs of the special master. Provides that the special master may be authorized by a court to conduct hearings on the record and shall make any findings based on the record as a whole. Repeals a provision allowing a court to authorize the special master to assist in the development of remedial plans.

Title XI: Limitations on Social Security Benefits for Prisoners - Applies to the payment of OASDI benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to prisoners the same requirements as enacted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to SSI payments under SSA title XVI (Supplemental Security Income) (SSI) for: (1) agreements between the Commissioner of Social Security and State or local correctional institutions for monthly identifying information; and (2) the exchange of such information among Federal or federally-assisted cash, food, or medical assistance programs.

(Sec. 1102) Extends the current prohibition against the payment of social security benefits to prisoners by repealing its limitation to offenses punishable by imprisonment for more than one year.

(Sec. 1103) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to require inclusion of prisoners receiving OASDI benefits in certain required studies and reports to the Congress.

Title XIII (sic): Miscellaneous Provisions - Amends the Federal criminal code to impose a health care visit (with certain types of visits exempted) and prescription fee to be paid by the prisoner or, in the case of a prisoner injured by another prisoner, by the prisoner who inflicted the injury. Prohibits refusal of treatment on the basis that a prisoner is unable to pay.