Violent Crime and Drug Enforcement Improvements Act of 1982

(Measure passed Senate, amended, roll call #383 (95-1))

Violent Crime and Drug Enforcement Improvements 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.

Retains execution of a money bond as a condition for pretrial release.

Authorizes a judicial officer to consider the safety of any person or 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. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours.

Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person.

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, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes.

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; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated.

Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions.

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.

Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing.

Establishes mandatory additional penalties for commission of an offense while on pretrial release.

Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.

Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination.

Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.

Title II: Witness- Victim Protection - Witness Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Provides for an additional penalty for an offense committed while on pretrial release.

Grants general authority to the Attorney General to relocate or protect government witnesses. Allows for reimbursement of expenses to the United States by a State or local government.

Authorizes the Attorney General to initiate civil proceedings to restrain intimidation of a witness or victim.

Allows a court to order a defendant to make appropriate restitution. Requires the court to state reasons for not ordering restitution.

Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence.

Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances.

Amends the Federal Food, Drug, and Cosmetic Act to prohibit the manufacture and distribution of any imitation controlled substance.

Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer or second ranking official in each executive department, Director or Deputy Director of Central Intelligence, U.S. Supreme Court justice or nominee, or senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses.

Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment.

Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission.

Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. 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.

Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions.

Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment.

Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment.

Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Defines "career criminals" and provides maximum sentences for them.

Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking.

Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment.

Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence.

Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.

Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents.

Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity.

Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use.

Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year.

Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities.

Permits administrative forfeiture procedures for property valued at less than $100,000.

Provides for waiver to adult court for a juvenile with a prior conviction who is charged with a violent or drug-related offense.

Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his official duties.

Extends Federal jurisdiction over the robbery of a pharmacy.

Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school.

Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance.

Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.

Provides for a mandatory five year prison term for a person at least 21 who distributes certain controlled substances to persons under age 18.

Provides a mandatory minium sentence of 5 years for using or carrying a handgun loaded with armour-piercing ammunition during the commission of a crime of violence.

Establishes a Federal offense relating to the damaging of property of an energy facility.

Raises the mandatory minimum sentence for a crime committed with a firearm to two years (five years for a second offense).

Establishes an office of Director of National and International Drug Operations and Policy to plan and coordinate drug enforcement efforts of the Federal government.

Prohibits the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."

Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to: (1) temporarily suspend the airman certificate of anyone indicted for a violation of the Controlled Substances Import and Export Act if operation of an aircraft is an element of the offense charged; and (2) revoke the airman certificate of anyone convicted of a violation of such Act if operation of an aircraft is an element of the offense for which the holder was convicted.

Sets forth criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used in connection with a violation of the Controlled Substances Import and Export Act.

Provides criminal penalties for any person who: (1) while navigating an aircraft, knowingly and willfully violates such Act; and (2) is the owner of an aircraft and knowingly allows any person to use such aircraft in violation of such Act.

Requires that such penalties shall be in addition to, and not in lieu of, any other penalty imposed under such Act.

Expresses the sense of the Senate that the Attorney General in consultation with the Secretary of Health and Human Services should meet regularly with the joint commission of Pharmacy Practitioners to discuss pharmacy robberies and that the Department of Justice should collect relevant data in its Uniform Crime Report.