Criminal Code Reform Act

Criminal Code Reform Act - Title I: Codification, Revision, and Reform of Title 18 - Defines the criminal jurisdiction of the United States.

Declares a general rule that the existence of Federal jurisdiction is not preemptive. Enumerates offenses which are exceptions to the rule. Lists culpable states of mind; defines them; and requires that, unless otherwise specified, a culpable state of mind must be shown with respect to each element of every offense in this Act. Specifies the particular state of mind which must be shown if an offense is described without designating the required state of mind.

Details standards relative to the liability of an accomplice, of an organization for the conduct of its agent, and of an agent for the conduct of an organization.

Sets forth criminal offenses against the United States. Designates a category for each offense for purposes of punishment rather than prescribing a penalty for each crime separately.

Organizes offenses by type rather than alphabetically. Specifies the types of offenses as follows: (1) offenses of general applicability, including criminal attempt, criminal conspiracy, and criminal solicitation; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes, and immigration, naturalization, and passport crimes; (4) offenses involving government processes, including general obstructions of government functions, obstructions of law enforcement, obstructions of justice, contempt offenses, perjury and related offenses, and commercial bribery and related offenses; (5) offenses involving taxation, including internal revenue offenses and customs offenses; (6) offenses involving individual rights, including civil rights crimes, privacy crimes, and political rights crimes; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, highjacking offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, burglary and other criminal intrusion offenses, robbery, extortion, blackmail, theft and related offenses, counterfeiting and related offenses, commercial bribery and related offenses, and investment, monetary, and antitrust offenses; and (9) offenses involving public order, safety, health, and welfare, including organized crime offenses, drug offenses, explosives and firearms offenses, riot offenses, public health offenses, gambling offenses, obscenity offenses, prostitution, failure to obey an officer, and violating State or local law in a Federal enclave.

Includes among new Federal offenses (1) a series of crimes dealing with obstruction of an election and misuse of power for political purposes, (2) consumer fraud, (3) possession of eavesdropping devices, (4) possession of burglar's tools, and (5) conspiracy in the United States to assassinate a foreign official outside the United States.

Revises other offenses, among them (1) contempt (adds invalidity of court orders as a defense), (2) unlawful discrimination (includes sex as unlawful basis), (3) rape (includes all sexual assaults, modifies evidentiary requirements and redefines statutory rape), (4) failure to appear or testify (adds new defenses), (5) riot (narrows applicability), and (6) marijuana possession (decriminalizes possession of small amounts and reduces penalties for possessing larger quantities).

Repeals provisions defining certain crimes including those relative to registration of Communists and communicating with a foreign country for the purpose of influencing policy.

Directs that, except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute be sentenced in accordance with this Act.

Authorizes a sentencing court to (1) order a presentence study of a defendant, either before or after receipt of the presentence report and commit the defendant to the custody of the Bureau of Prisons pending receipt of such a study or (3) order a presentence psychiatric examination of a defendant.

Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to deter similar conduct, protect the public, or provide the defendant needed training; and (3) the applicable sentencing range set forth in guidelines promulgated by the United States Sentencing Commission (established in title II of this Act).

Authorizes a court to order a person found guilty of deceptive practices to notify interested persons of the conviction. Empower a court to order a guilty defendant to make restriction to a victim of the offense.

Authorizes imposition of a term of probation, unless such sentence is specifically prohibited, with respect to all but the most serious class of felonies. Lists permissable terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates discretionary conditions of probation. Sets forth provisions relative to the running of a term of probation and revocation of probation.

Authorizes imposition of a fine upon any person found guilty of an offense. Sets limits on the amount of a fine for each category of offenses. Prescribes higher maximums for organizational than for individual defendants. Permits as an alternative maximum fine twice the gain derived or twice the loss caused by an offense.

Directs the court, in determining the amount of a fine and the method and fine for its payment, to consider the defendants' financial status. Prohibits the court from imposing a term of imprisonment as an alternative to payment of a fine. Details procedures for the modification or remission of a fine.

Authorizes the imposition of a term of imprisonment upon an individual found guilty of an offense. Specifies maximum terms for each category of offense. Empowers a court to designate a term of parole ineligibility up to nine-tenths of the sentence imposed. Lists factors to be considered in setting or modifying a term of imprisonment or parole ineligibility. Prescribes guidelines relative to concurrent and consecutive terms.

Designates which Federal agency is to have primary responsibility for detecting and investigating the commission of each criminal violation under this Act.

Defines the law enforcement authority, including authority to arrest and execute process, of certain officials and employees of the following departments and agencies: (1) Federal Bureau of Investigation, (2) Drug Enforcement Administration, (3) Department of the Treasury, (4) United States Postal Service, (5) United States Marshals Service, (6) United States Probation Service, (7) Bureau of Prisons, (8) Immigration and Naturalization Service, and (9) Department of the Interior.

Revises provisions relative to interception of communications for law enforcement purposes. Permits interception of communications with respect to certain crimes not presently covered, such as criminal solicitation of specified offenses and aircraft hijacking. Restricts interception of communications without a court order in emergency situations to offenses involving treason, sabotage, espionage, or a risk of death, rather than to conspiracies involving national security or organized crime.

Amends provisions regarding extradition. Repeals provisions relating to extradition of persons fleeing the United States to countries under the control of the United States and to extradition of persons fleeing to the United States from such countries. Prohibits extradition of a person convicted in absentia unless assurances are made that proceedings will be reopened or unless the person fled after having been present when his trial commenced. Details new procedures for the arrest and detention of persons who have committed extraditable offenses.

States that extraditability shall be found in an appropriate hearing only upon proof of certain facts, including (1) an applicable treaty covering the offense involved is in effect, (2) the pending criminal charge against the person sought, or the prosecution for the offense of which he was convicted, was brought within any applicable statute of limitations, and (3) probable cause that the person sought and the person arrested are identical and that the person sought has committed or has been convicted of the alleged offense. Permits hearsay to be admitted in extradition hearings. Prescribes standards and procedures for waiver of extradition hearings and for appeal of a judgment issued in such a hearing.

Expands the criminal jurisdiction of United States magistrates to authorize trial of all misdemeanors by such officers. Restricts the election of defendant to be tried by a district court rather than by a magistrate to misdemeanors punishable by more than six months imprisonment.

Repeals provisions relative to additional bail and demonstration pretrial services agencies.

Permits Federal prosecution of a juvenile charged with a Federal felony if such prosecution is in the interest of justice, even though State jurisdiction exists and the appropriate State has adequate juvenile services. Specifies guidelines for (1) surrender to State authorities of persons age 18-21 who are arrested and charged with a Federal offense and (2) pretrial release of juveniles. Increases the time which a juvenile may be detained prior to trial.

Authorizes, where in the interest of justice, prosecution as an adult of a juvenile under 16 years of age who is charged with murder.

Allows a victim of juvenile delinquency to obtain information regarding final disposition of any action taken as a result of the incident.

Revises procedures for determining mental competency to stand trial. Sets limits on the time a person deemed incompetent may be confined. Requires that a person deemed incompetent be released if, after appropriate time limits, he still is incompetent to stand trial, has no prospect of becoming competent, but does not, by clear and convincing evidence, pose a substantial risk to others of serious bodily or property damage.

Sets the same standard for hospitalization of persons acquitted by reason of insanity and of mentally ill prisoners due for release as that for persons incompetent to stand trial who have no prospect to attain capacity to do so in the foreseeable future.

Directs that psychiatric examinations required under this Act be conducted by at least two psychiatrists or clinical psychologists. Lists guidelines for psychiatric and hospital reports.

Permits, unless contrary to a plea agreement or consistent with United States Sentencing Commission policy statements, a defendant to appeal a sentence greater than the maximum allowed under applicable Sentencing Commission guidelines and the Government to appeal a sentence less than the applicable minimum. Sets forth standards and procedures for appellate court review.

Details special probation and expungement procedures for first offense drug possessors.

Designates as eligible for parole any prisoner (1) who is sentenced to a term of six months or longer and (2) who has served the term of parole eligibility imposed by the sentencing court or six months, whichever occurs later.

Directs the United States Parole Commission to grant parole to an eligible prisoner if, having regard for guidelines and pertinent policy statements of the United States Sentencing Commission concerning parole, it determines (1) release at that time is consistent with the factors that led to imposition of the particular sentence, (2) there is no undue risk of failure to conform to the conditions of parole warranted under the circumstances, and (3) release, in light of the prisoner's conduct during incarceration, would not have a substantially adverse effect on institutional discipline.

Directs the Bureau of Prisons to conduct a complete study of every prisoner who is due to become eligible for parole. Entitles a prisoner who is eligible for parole to an interview in accordance with specified procedures.

Sets forth ranges for terms of parole according to categories of offense. Directs the Parole Commission to set conditions of parole, taking into consideration any guidelines or statements of the Sentencing Commission, the circumstances of the offense, the history of the parolee, the need to protect the public from further crimes of the parolee, and the need of the parolee for educational, medical, and other services. Requires as a mandatory condition that the parolee not commit another crime. Details procedures for revocation of parole and appeal of Parole Commission decisions.

Increases the number of crimes with respect to which proceeds, instrumentalities, and other property may be forfeited. Prescribes forfeiture procedures.

Empowers the Attorney General to bring civil actions to prevent and restrain racketeering offenses and to enjoin a practice that constitutes or could constitute a fraudulent scheme or consumer fraud.

Establishes in the Treasury a Victim Compensation Fund from which victims of Federal crimes against the person or their surviving dependents may be compensated upon filing a claim with the United States Victim Compensation Board.

Conditions compensation upon the offense having been reported to a law enforcement officer within 72 hours, the claim being filed within one year of the offense, and the claimant sustaining a certain minimum loss.

Limits compensation to $50,000 per victim per offense.

Reduces compensation by amounts received from certain other sources. Excludes from the recodification numerous provisions presently included in Title 18, among them the provisions of the Speedy Trial Act.

Title II: Miscellaneous Amendments - Reenacts specified sections of the Organized Crime Control Act of 1970 and of the Gun Control Act of 1968 which are not included in Title 18 of the United States Code as recodified by this Act as parts of those respective Acts. Provides for punishment of persons violating those sections through the sentencing provisions of Title 18. Revises the oath which must be submitted by an absentee buyer seeking to purchase a firearm from a licensed importer, manufacturer, or dealer.

Adds a new rule on burdens of proof to the Federal Rules of Criminal Procedure which sets forth standards relative to (1) proof of offenses, defenses, affirmative defenses, and jurisdiction and (2) presumptions and prima facie evidence.

Reenacts, with certain revisions, provisions regarding jurisdiction over offenses committed in Indian country which are not included in the recodification. Confers jurisdiction on Kansas and New York with regard to offenses committed by or against Indians on Indian reservations.

Establishes a United States Sentencing Commission as an independent Commission in the judicial branch.

Designates as the primary duty of the Commission promulgation of (1) guidelines setting forth ranges of sentences to be used by sentencing courts in accordance with the provisions of this Act and (2) general policy statements regarding application of the guidelines and other aspects of sentencing. Directs the Commission to develop, taking into consideration enumerated factors, categories of offenses and defendants for use in creating its sentencing guidelines.

Reenacts certain provisions deleted from Title 18 by this Act regarding gathering and disclosing national defense or classified information as parts of the Subversive Activities Control Act of 1950 and the Espionage and Sabotage Act of 1954. Retains the criminal penalties specified in those sections and stipulates that sections of Title 18 on culpable states of mind shall not apply to such provisions.

Title III: General Provisions - States that any holding that a provision or application of a provision of this Act is invalid shall not effect the validity of other provisions or applications of a provision.

Continues the Bureau of Prisons and the Federal Prison Industries, which were created under sections of Title 18 deleted by this Act, under Title 28 (Judiciary and Judicial Procedure).

Sets as the effective date of this Act the first day of the calendar month first beginning 24 months after enactment, with the exceptions of sections establishing the United States Sentencing Commission which are to take effect upon enactment.