A bill to implement certain recommendations of the Attorney General's task force on violent crime, and for other purposes.
Violent Crime Control Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.
Authorizes a judicial officer to consider the safety of any person of the community when making a pretrial release determination.
Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions.
Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense if no conditions will assure his appearance and the safety of the community and any other person.
Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense.
Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated.
Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person.
Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
Authorizes a U.S. attorney to appeal a release order.
Establishes mandatory additional penalties for commission of an offense while on pretrial release.
Subjects a person who has been conditionally released and who violates a condition of release to revocation of release and prosecution for contempt of court.
Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
Title II: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system.
Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines.
Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range.
Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum.
Title III: Extension of Coverage of Certain Property Destruction Offenses - Amends the current criminal offense of damaging property in commerce by means of explosives to include the use of fire.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice. Title I Only.
Referred to Subcommittee on Crime. Title III Only.
Referred to Subcommittee on Criminal Justice. Title II Only.
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