Child Safety and Youth Violence Prevention Act of 1999

TABLE OF CONTENTS:

Title I: Juvenile Justice Reform

Title II: Effective Enforcement of Federal Firearms Laws

Title III: Limiting Juvenile Access to Firearms and

Explosives

Title IV: Preventing Criminal Access to Firearms and

Explosives

Title V: Punishing and Deterring Criminal Use of Firearms

and Explosives

Title VI: Punishing Gang Violence and Drug Trafficking to

Minors

Child Safety and Youth Violence Prevention Act of 1999 - Title I: Juvenile Justice Reform - Amends provisions of the Federal criminal code (the code) regarding delinquency proceedings in district courts and transfer for criminal prosecution to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency (offense or act) be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult.

Repeals the prohibition against proceeding against a juvenile in Federal court unless the Attorney General certifies that the State does not have available programs and services adequate for the needs of juveniles.

Authorizes a juvenile to be proceeded against as a juvenile in Federal court if: (1) the alleged offense or act is committed within the special maritime and territorial jurisdiction of the United States and is one for which the maximum authorized term of imprisonment does not exceed six months; or (2) the Attorney General, after investigation, certifies to the appropriate U.S. district court that the juvenile court or other appropriate court of a State does not have, or declines to assume, jurisdiction over the juvenile regarding the alleged act and there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.

Requires, if a juvenile is proceeded against as a juvenile in Federal court, that court be open to the public, except that the court may exclude all or some members of the public other than a victim unless the victim is a witness in the determination of guilt or innocence, if required by the interests of justice or if other good cause is shown.

Requires that a juvenile be prosecuted as an adult if the juvenile: (1) has requested in writing upon advice of counsel to be prosecuted as an adult; or (2) is alleged to have committed an act after attaining age 14 (current law refers to a juvenile 15 years and older alleged to have committed the act after his 15th birthday) which if committed by an adult would be a serious violent felony or a specified drug offense. Makes this provision inapplicable if the Attorney General certifies to the appropriate U.S. district court that the interests of public safety are best served by proceeding against the juvenile as a juvenile.

Allows a juvenile to be prosecuted as an adult if: (1) the juvenile is alleged to have committed an act after attaining age 13 which, if committed after attaining age 14 would require that the juvenile be prosecuted as an adult, upon approval of the Attorney General (but prohibits the Attorney General from delegating the authority to give the required approval to an officer or employee of the Department of Justice (DOJ) at a level lower than a Deputy Assistant Attorney General); and (2) the juvenile is alleged to have committed an act after attaining age 14 which would not constitute a serious violent felony or specified serious drug offense if committed by an adult, but which would be a serious felony, including explosives and specified drug offenses.

Makes certain determinations to approve or not to approve, or to institute or not to institute, prosecution of a juvenile as an adult, and a determination to file or not to file and the contents of certifications under this title, non-reviewable in any court. Permits the juvenile in such prosecutions to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and to be convicted of a lesser included offense.

Directs the Attorney General to report annually to the Congress on: (1) the number of juveniles adjudicated delinquent or tried as adults in Federal court; (2) their race, ethnicity, and gender; (3) the number of those juveniles who were abused or neglected by their families; and (4) the number and types of assault crimes committed against juveniles while incarcerated in connection with the adjudication or conviction.

(Sec. 102) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate).

(Sec. 104) Amends provisions regarding detention prior to disposition to: (1) require that a juvenile alleged to be delinquent or a juvenile being prosecuted as an adult, if detained prior to sentencing, be detained in a suitable place (whenever appropriate, in a foster home or community based facility, and with preference given to a place located within, or within a reasonable distance of, the district in which the juvenile is being prosecuted; and (2) prohibit (to the maximum extent feasible) such a juvenile from being detained prior to sentencing in any facility in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Requires that every juvenile detained prior to sentencing be provided with reasonable safety and security.

(Sec. 105) Requires that a juvenile proceeded against for allegedly committing an offense against the United States or an act of juvenile delinquency be brought to trial within 45 days from the date such detention began or the information be dismissed on motion of the alleged delinquent or at the court's direction, with exceptions.

(Sec. 106) Modifies requirements regarding dispositional hearings. Directs the court, if it finds such juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile within 40 (currently, 20) court days, unless the court has ordered further study. Requires that a predisposition report be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government.

Specifies that victim impact information shall be included in the report and victims, or (as appropriate) their official representatives, shall be provided the opportunity to make a statement to the court in person or present any information in relation to the disposition. Directs the court, after the dispositional hearing, to impose an appropriate sanction, including the ordering of restitution. Authorizes the court to order the juvenile's parent, guardian, or custodian to be present at the dispositional hearing and the imposition of sanctions, and to issue orders directed to such person regarding conduct with respect to the juvenile.

Limits the term for which: (1) probation may be ordered for a juvenile found to be a juvenile delinquent to five years for a felony or a misdemeanor, and to one year for an infraction; (2) official detention may be ordered for such juvenile to the least of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the period until the juvenile becomes 26 years old; and (3) supervised release may be ordered for such juvenile to five years.

Directs the United States Sentencing Commission (the Commission) to develop a list of possible sanctions for juveniles adjudicated delinquent, which shall: (1) be comprehensive and encompass punishments of varying levels of severity; (2) include terms of confinement; and (3) provide punishments that escalate in severity with each additional or subsequent more serious delinquent conduct.

Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence, if it finds at sentencing (after affording the Government an opportunity to make a recommendation) that the juvenile previously has not been adjudicated delinquent for or convicted of a serious violent felony or specified serious drug offenses.

(Sec. 107) Modifies provisions regarding juvenile records. Requires the court, throughout and upon completion of the juvenile delinquency proceeding, to keep a record relating to the arrest and adjudication of a juvenile alleged to have committed an offense or act that is: (1) equivalent to the record that would be kept of an adult arrest and conviction for such an offense; and (2) retained for a period equal to that for which adult conviction records are kept. Directs that such records be made available for official purposes, including communications with any victim or, in the case of a deceased victim, such victim's representative, or school officials, and to the public to the same extent as court records regarding the criminal prosecutions of adults are available.

Requires the Attorney General to establish guidelines for fingerprinting and photographing a juvenile who is the subject of any such proceeding. Directs that fingerprints and photographs of a juvenile who is prosecuted as an adult be made available in the manner applicable to adult offenders.

Requires the court, whenever a juvenile has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of specified firearms prohibitions, to transmit to the Federal Bureau of Investigation information concerning the adjudication, along with a notation that the matter was a juvenile adjudication.

Sets forth provisions regarding the reporting, retention, disclosure, or availability of records or information where such activities are authorized or required in the law of the State in which a Federal juvenile delinquency proceeding takes place.

Title II: Effective Enforcement of Federal Firearms Laws - Directs the Attorney General to establish in the office of each U.S. Attorney an Armed Criminal Apprehension Program, which shall: (1) provide for coordination with State and local law enforcement officials in the identification of violations of Federal firearms laws and the establishment of agreements with State and local law enforcement officials for the referral to the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the U.S. Attorney for prosecution of persons arrested for specified violations of the code and of the Internal Revenue Code relating to firearms; (2) require that the U.S. Attorney designate not less than one Assistant U.S. Attorney to prosecute violations of Federal firearms laws; (3) provide for the hiring of BATF agents to investigate firearms violations; and (4) ensure that each person so referred to the U.S. Attorney be charged with a violation of the most serious Federal firearm offense consistent with the act committed.

Directs the U.S. Attorney to carry out an extensive media and public outreach campaign focused in high-crime areas to: (1) educate the public about the severity of penalties for violations of Federal firearms laws; and (2) encourage law-abiding citizens to report the possession of illegal firearms to authorities.

Grants authority regarding waiver of these provisions.

(Sec. 202) Directs the Attorney General to report annually to the House and Senate Judiciary Committees regarding the program.

(Sec. 203) Authorizes appropriations.

(Sec. 204) Authorizes each U.S. Attorney to cross-designate one or more Assistant U.S. Attorneys to prosecute specified firearms offenses under State law in State and local courts.

Title III: Limiting Juvenile Access to Firearms and Explosives - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed person unless the licensee provides the transferee with a secure gun storage or safety device, with exceptions.

Entitles a person who has lawful possession and control of a handgun, who uses a secure gun storage or safety device, to immunity from a civil action brought against a person for damages resulting from the criminal or unlawful misuse of the handgun by a third party, where: (1) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun; and (2) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device.

Provides for civil penalties, and suspension or revocation of license, for violations of requirements of this title.

(Sec. 302) Revises the Brady Act to increase penalties for unlawful possession by a juvenile of a handgun, ammunition, a large capacity ammunition feeding device, or a semiautomatic assault weapon: (1) giving rise to a violation in a school zone, or knowing that another juvenile intends to possess it giving rise to a violation in a school zone; and (2) with intent to use it in the commission of a violent felony, or knowing that another juvenile intends to use it in the commission of a serious violent felony.

Subjects such a juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable for an adult. Prohibits the release from custody of a juvenile sentenced to a term of imprisonment simply because the juvenile attains age 18.

(Sec. 303) Increases penalties and the mandatory minimum sentence for the unlawful transfer of a firearm to the juvenile.

(Sec. 304) Amends the Brady Act to expand the scope of, and increase penalties for, certain juvenile weapons violations (such as transferring a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile).

(Sec. 305) Prohibits, and sets penalties for, keeping a loaded firearm, or an unloaded firearm and ammunition for it, knowing or recklessly disregarding the risk that a juvenile is capable of gaining access to the firearm or will use the firearm to cause death or serious bodily injury, or knowing that firearm possession by the juvenile is unlawful under Federal or State law, if the juvenile uses the firearm to cause death or serious bodily injury. Specifies exceptions, including that the firearm was secured with a storage or safety device or that the juvenile used the firearm for lawful self defense.

(Sec. 306) Prohibits anyone under age 21 from shipping, transporting, receiving, or possessing explosive materials, with an exception for bulk quantities of under five pounds of commercially manufactured black powder under specified circumstances.

Title IV: Preventing Criminal Access to Firearms and Explosives - Sets forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more affects interstate or foreign commerce; and (2) there are not less than ten firearm vendors.

Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firarms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm.

Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non- use by a transferor of the services of an instant check registrant.

Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought by any person against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court.

Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements.

(Sec. 402) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm.

Amends the Federal criminal code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district court for the district in which the person resides. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.

(Sec. 403) Amends the Brady Act to prohibit firearms possession by persons who have been adjudicated to have committed an act of violent juvenile delinquency.

(Sec. 404) Amends the code to prohibit, and set penalties for, teaching or demonstrating the making or use of an explosive, destructive device, or weapon of mass destruction, or distribution by any means of information pertaining to its manufacture or use with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence.

(Sec. 405) Amends the Brady Act to prohibit any common or contract carrier from failing to report the theft or loss of a firearm within 48 hours after its discovery. Authorizes the Secretary to impose a civil fine of up to $10,000 for knowingly violating this provision.

(Sec. 406) Authorizes the successor licensee, upon receipt of records of a discontinued business, to retain the records or submit them to the Secretary. Allows a licensee while maintaining a firearms business to voluntarily submit the records required to be kept to the Secretary if such records are at least 20 years old.

(Sec. 407) Authorizes the Attorney General to provide grants to States to improve the quality and accessibility of juvenile records and to ensure that such records are routinely available for background checks performed in connection with the transfer of a firearm. Sets forth provisions regarding grant eligibility by States and allocation and permissible uses of funds. Authorizes appropriations.

Title V: Punishing and Deterring Criminal Use of Firearms and Explosives - Amends the Brady Act to provide for increased penalties, including the death penalty if death results and the person shooting has attained age 18, for discharging a firearm in a school zone: (1) with reckless disregard for the safety of another; and (2) if serious bodily injury results (and provides for a mandatory minimum term of 15 to 25 years imprisonment).

(Sec. 502) Amends: (1) the code to define "crime of violence" to include an offense relating to possession of explosives or firearms by convicted felons (thus making such individuals subject to pretrial detention); and (2) the Brady Act to prohibit the court from granting a probationary sentence to a person who has more than one previous conviction for a violent felony or a serious drug offense, committed under different circumstances.

(Sec. 503) Increases: (1) penalties for possessing or transferring stolen firearms; (2) mandatory minimum penalties for using a firearm during and in relation to a crime of violence or drug trafficking crime; (3) penalties for a misrepresented firearms purchase in aid of a serious violent felony; and (4) penalties for engaging in an illegal firearms business. Directs the Commission to review and amend the sentencing guidelines to provide an appropriate enhancement for the latter violation, and to provide additional increases, as appropriate, for offenses involving more than 50 firearms.

(Sec. 507) Increases penalties for: (1) serious recordkeeping offenses; (2) transactions involving firearms with obliterated serial numbers; and (3) firearms conspiracy. Provides for termination of a firearms dealer's license upon a felony conviction. Provides for forfeiture for a gun trafficking offense or conspiracy.

(Sec. 512) Makes firearm or ammunition possession or transport in commerce after a conviction of a crime punishable by imprisonment for a term exceeding one year, and serious juvenile drug trafficking offenses, predicates under the Armed Career Criminal Act.

(Sec. 514) Directs the court, in imposing a sentence on a person convicted of any crime of violence or any felony under Federal law, to order that the person forfeit to the United States any firearm used or intended to be used to commit or facilitate the commission of the offense. Requires the seizing agency to dispose of any forfeited firearm.

Authorizes the Secretary, whenever any firearm is subject to forfeiture, to seize and forfeit any property otherwise forfeitable under Federal law that was involved in or derived from the crime of violence or drug trafficking crime in which the forfeited firearm was used or carried.

Requires that any administrative action or proceeding (currently, any action or proceeding) for the forfeiture of firearms or ammunition be commenced within 120 days of such seizure.

Directs that the forfeiture of property under code provisions regarding firearms possessed by convicted felons be governed by the Comprehensive Drug Abuse Prevention and Control Act of 1970, with an exception.

(Sec. 515) Amends the Brady Act to provide for separate licenses and license fees ($100 for three years) for gunsmiths.

(Sec. 516) Revises explosives provisions to prohibit any person other than a licensee or permittee from knowingly transporting, shipping, causing to be transported, or receiving any explosive materials, or from distributing explosive materials to any person other than a licensee or permittee.

Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to any other person who is not a licensee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Act; (2) the system provides the licensee with a unique identification number, or five business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by such other person would violate the Act; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer.

Sets forth provisions regarding: (1) further procedures and exceptions, penalties for violations, and Federal, State, and local government immunity for preventing or failing to prevent sales of explosive materials; and (2) remedies for erroneous denial of explosive materials.

Requires an application for a license or user permit for explosive materials to include the applicant's fingerprints and photograph. Modifies code provisions to charge the applicant a fee of up to $300 for a license and up to $100 for a permit.

Sets penalties for violating the requirement for a background check for purchases of explosives.

(Sec. 517) Prohibits the distribution of explosive materials to: (1) anyone who has been committed to a mental institution; (2) certain aliens; (3) anyone discharged from the armed forces under dishonorable conditions; (4) persons who have renounced their U.S. citizenship; (5) certain persons subject to a court order (such as one involving harassment, stalking, or threatening an intimate partner or their child); (6) anyone convicted of a misdemeanor crime of domestic violence; or (7) persons adjudicated delinquent.

Sets forth: (1) similar restrictions regarding possession of explosives; and (2) provisions relating to aliens admitted under non-immigrant visas.

Title VI: Punishing Gang Violence and Drug Trafficking To Minors - Amends the Controlled Substances Act (CSA) to increase mandatory minimum penalties for: (1) employing or using persons under age 18 in drug operations; (2) distributing drugs to minors; and (3) drug trafficking in or near a school or other protected location.

(Sec. 604) Amends the code to redefine "criminal street gang" to consist of an ongoing group, club, organization, or association of three persons, whether formal or informal, that has as one of its primary purposes or activities the commission of one or more of specified criminal offenses, and which meets other specified requirements. Provides for criminal forfeiture by persons convicted of such gang offenses for CSA violations. Expands the list of violations covered by criminal street gang provisions.

(Sec. 605) Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement for specified offenses committed in connection with, or in furtherance of, the activities of a criminal street gang.

(Sec. 606) Revises provisions regarding traveling or transportation in aid of racketeering enterprises to: (1) increase penalties for traveling or using the mail or any facility in interstate or foreign commerce with intent to distribute the proceeds of unlawful activity or otherwise promote unlawful activity; (2) cover attempts and conspiracy to perform such acts; and (3) expand the definition of "unlawful activity" to cover burglary if the offense involves property valued at not less than $10,000, and retaliation against or intimidation of witnesses, victims, jurors, and informants.

Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement for recruitment across State lines of a criminal street gang member.

(Sec. 607) Prohibits, and sets penalties for, interstate travel to engage in witness intimidation or obstruction of justice. Makes anyone who conspires to obstruct justice with respect to victims, witnesses, and informants subject to the same penalties as those prescribed for the underlying offense.

Directs the Attorney General to: (1) survey all State and selected local witness protection and relocation programs to determine and report to Congress on the extent and nature, and training needs, of such programs; and (2) make available to State and local law enforcement agencies training, based on survey results, to assist those agencies in developing and managing such programs. Authorizes appropriations.

Requires the Attorney General to engage in activities which promote coordination among State and local witness interstate relocation programs and to establish a model Memorandum of Understanding (MOU) for States and localities. Authorizes the Attorney General to expend specified funds appropriated under the Omnibus Crime Control and Safe Streets Act of 1968 to make grants to jurisdictions that have such programs and that have substantially followed the model MOU. Directs the Attorney General to establish guidelines relating to implementation and to determine which jurisdictions are eligible for grants.

Amends the Safe Streets Act to authorize the use of drug control and system improvement (Byrne) grants to develop and maintain witness security and relocation programs.