Anti-Crime Act of 1984 - Title I: Bail - Bail Reform Act of 1984 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.
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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require 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) forfeit designated property upon failure to appear; and (8) return to custody at specified hours.
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.
Provides for the detention of an alien whose presence in the United States is not under color of law.
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; (3) a narcotics offense punishable by at least ten years imprisonment; or (4) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated.
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.
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.
Provides additional penalties for failing to appear before the court or surrender for service of sentence as required.
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.
Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
Title II: Insanity Defense - Insanity Defense Revision Act of 1984 - Amends the Federal criminal code to make it a defense to a Federal prosecution that at the time of the offense the defendant suffered from a mental disease or defect that grossly and demonstrably impaired his perception and understanding of the wrongfulness of his conduct.
Places the burden of proving the existence of this defense by the preponderance of the evidence on the defendant.
States that "mental disease or defect" does not include voluntary intoxication.
Authorizes a verdict of "not responsible only by reason of insanity," if the defendant would be guilty but for the defense provided.
Amends the Federal Rules of Evidence to prohibit expert witnesses from offering opinions on the ultimate issue regarding mental incompetence.
Provides for an initial screening examination to determine whether there is reasonable cause to believe that the defendant lacks competence. Allows for a more thorough examination of the defendant if the initial results suggest incompetence.
Requires a hearing on the issue of competence and further examination on the issues of the likelihood of the defendant's recovery and the appropriate treatment. Allows for treatment if necessary. Requires in-patient treatment only when the defendant is dangerous, likely to flee, in custody, or if necessary for treatment.
Transfers to State officials for State civil commitment certain defendants who have received the maximum treatment under this section or are found incompetent with no substantial probability of improvement.
Requires a board of examiners for every Federal penal and correctional institution which shall examine prisoners about whom there is probable cause to believe competence at trial was lacking even though the issue was not raised and determined. Requires the district court concerned to vacate conviction and order a new trial for any prisoner about whom such a board certifies that such probable cause does exist.
Allows a person serving a sentence of imprisonment to be transferred to a mental institution upon a showing of clear and convincing evidence that the prisoner is in need of treatment.
Establishes Federal commitment procedures for persons found "not responsible only by reason of insanity."
Provides procedures for conditional release in certain situations.
Title III: Sentencing Revision - Sentencing Revision Act of 1984 - Amends the Federal criminal code to set 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 (with or without supervision), to be fined, or ordered to make restitution. Requires the court to: (1) impose the least severe measure necessary to achieve the purposes of sentencing; and (2) state on the record the reasons for imposing a particular sentence. Directs the court to impose a sentence that accords with the applicable sentencing guidelines unless a departure from the guidelines is warranted.
Requires a presentence hearing (except when the only sentence imposed is a fine of less than $250) to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Permits the court to commit a defendant to the Attorney General's custody for a special study to aid in sentencing.
Prohibits the court from considering the defendant's need for education, vocational training, or correctional treatment as a justification for imposing any term of imprisonment. Allows the court to designate a defendant as a youthful offender if such defendant is under 21 years of age and would benefit from placement in a residential community treatment center.
Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Authorizes a fine to be levied for up to twice the gross gain derived or loss caused by the offense. Provides a procedure for the collection of such fine.
Authorizes imposition of a term of probation for all felonies and misdemeanors. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 14 discretionary conditions. Permits a court to require as a condition the disqualification of a director or officer of a business if the offense arises out of his or her employment.
Sets forth revocation procedures for violations of a sentence of probation.
Provides that a defendant who is found guilty of an offense may be ordered to make restitution. Establishes a special notice rule under which a defendant may be ordered to notify readily identifiable victims of fraud or other intentionally deceptive practices for purposes of restitution.
Retains the provisions allowing the government to make appeals in criminal cases. Permits an appeal by either the United States or the defendant if the sentence: (1) resulted from incorrect application of a sentencing guideline; (2) was not imposed in accordance with the Federal Rules of Criminal Procedure; or (3) otherwise violates the Constitution or laws of the United States.
Establishes a Sentencing Guidelines Commission within the Judicial Conference of the United States. Directs the Commission to recommend sentencing guidelines to the Judicial Conference. Directs the Judicial Conference to prescribe sentencing guidelines for Federal courts to use in determining appropriate sentences. States that the purpose of such guidelines is to: (1) promote fairness and certainty in sentencing; (2) eliminate unwarranted disparity in sentencing; and (3) improve the administration of justice. Provides that guidelines shall take into account the nature and circumstances of the offense and the history and characteristics of the defendant.
Eliminates the parole system. Provides a program of supervised release for prisoners sentenced to a term of imprisonment of more than one year.
Places limitations on certain restrictions against participation by convicted persons in federally-provided benefits programs or certain federal activities such as voting or employment with a Federal, State, or local government agency.
Repeals the Federal Youth Corrections Act.
Sets forth new procedures with regard to treatment for narcotic addicts.
Title IV: Forfeiture - Comprehensive Drug Penalty Act of 1984 - Amends the Controlled Substances Act to subject to forfeiture all land (or a portion thereof) and buildings used for holding or storing or cultivating controlled substances or materials used to manufacture such substances except if done without the knowledge or consent of the owner.
Provides that a proceeding for forfeiture may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.
Establishes within the Treasury a revolving fund known as the Department of Justice Forfeiture Fund. Allows the fund to be used for the payment of rewards for information that results in a forfeiture and for the expenses incurred in a forfeiture action. Requires deposit in this fund of proceeds and profits forfeited as a result of drug violations. Authorizes appropriations from the fund for FY 1984 through 1986.
Sets the maximum reward for information at $250,000.
Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the maximum authorized fines for certain drug offenses. Permits imposition of an alternative fine up to twice the gross gain derived from the offense.
Provides judicial procedures for seizure of property subject to criminal forfeiture.
Amends the Tariff Act of 1930 to provide for the seizure of vessels, aircraft, merchandise, or baggage valued at $100,000 or less except in the case of conveyances used to import, export or transport controlled substances, for which there is no limit to the value of items that may be seized. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $2,500, or ten percent of the value of the claimed property, whichever is less (but not less than $250.) Allows the Customs Service to destroy or otherwise dispose of forfeited property valued at less than $1,000 if the expense of keeping such property is disproportionate to its value.
Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, liens, mortgages, and the purchase of evidence of any violation.
Requires the deposit in such fund of all proceeds from the sale and disposition of property forfeited under customs law.
Allows transfer of the property for forfeiture under State law.
Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.
Grants customs officers arrest authority and the right to carry firearms.
Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.
Title V: Justice Assistance - Justice Assistance Act of 1984 - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration and the Office of Justice Assistance, Research and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Programs, to be headed by an Assistant Attorney General.
Establishes a Bureau of Justice Assistance to develop and set priorities for technical assistance and training programs for State and local criminal justice agencies and organizations. Directs the Bureau to make grants to such agencies for programs that address critical problems of violent and serious crime and programs that offer a high probability of improving the functioning of the criminal justice system. Enumerates 18 purposes for the awarding of these grants.
Limits the Federal share of the grant programs to a period of four years and includes a cash match requirement.
Eliminates the current national priority grant programs.
Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) provide technical assistance to State and local governments; (3) undertake national or multi- State projects to address violent crime and serious offenders; and (4) fund national demonstration programs which are likely to be successful but unlikely to be funded.
Authorizes the Director of the Bureau of Justice Assistance to make grants to State and local governments for the construction of correctional facilities to relieve the overcrowding and substandard conditions at State and local correctional facilities. Requires the Director to establish and operate an information clearinghouse on the construction and modernization of correctional facilities.
Authorizes the Director of the Federal Bureau of Investigation to develop and conduct programs for training State and local criminal justice personnel at the FBI National Academy at Quantico, Virginia. Authorizes the Secretary of the Treasury to establish and conduct similar training programs at the Federal Law Enforcement Training Center at Glynco, Georgia.
Authorizes appropriations for FY 1984 through 1987.
Increases from seven to 20 the number of prison industry projects designated by the Office of Justice Assistance. Permits the use of materials produced by convict labor in the construction of highways on Federal-aid systems.
Amends the Federal criminal code relating to fraud in connection with identification documents to require that common descriptive terms and formats be designed to reduce redundancy found in various identification systems and to facilitate positive identification of bona fide holders of such documents.
Authorizes a State or local government to apply for emergency Federal law enforcement assistance. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the cost of increased Federal presence; and (5) the need to avoid unnecessary Federal involvement in local concerns.
Authorizes appropriations for such purpose.
Title VI: Money Laundering - Money Laundering Penalties Act of 1984 - Amends the Currency and Foreign Transactions Reporting Act to increase the civil penalty for willful violations of the Act by financial institutions from $1,000 to $10,000. Increases the criminal fine from $1,000 to $250,000 and imprisonment from one year to up to five years.
Increases the amount from $5,000 to $10,000 for which a person is required to file a report for transporting currency out of the country.
Grants customs officers authority to make warrantless searches for evidence of violations of such Act.
Allows the Secretary of the Treasury to pay rewards to persons who provide information about violations of the Act which lead to the collection of a criminal fine, civil penalty, or forfeiture of currency of more than $10,000.
Title VII: National Narcotics Act of 1984 - National Narcotics Act of 1984 - Establishes within the executive branch a National Drug Enforcement Policy Board chaired by the Attorney General. Requires the Chairman to advise and make recommendations to the Board concerning drug law enforcement. Authorizes the Board to develop, implement, and enforce U.S. policy with respect to illegal drugs.
Requires the Chairman to submit biannual reports to Congress on U.S. policy with respect to illegal drugs.
Amends the Drug Abuse Prevention, Treatment, and Rehabilitation Act to require the White House Office of Drug Abuse Policy to insure coordination between the Board and the health issues associated with drug abuse.
Title VIII: Witness Protection - Witness Security Reform Act of 1984 - Amends the Federal criminal code to authorize the Attorney General to relocate and protect witnesses and their families involved in Federal or State trials of violent offenses. Authorizes the Attorney General to take action to protect the person from bodily injury or otherwise to assure the health, safety, and welfare of that person. States that the Attorney General shall not protect any person where the risk of danger to the public in the proposed community of relocation outweighs the need for that person's testimony.
Requires the Attorney General to establish guidelines defining the types of cases which constitute "violent offenses."
Requires any person protected under this Act to enter into a memorandum with the Attorney General. Requires the memorandum to set forth such person's responsibilities, including agreement: (1) if an actual or potential witness, to provide information to all appropriate law enforcement officials and to testify in all proceedings; (2) to refrain from committing any act punishable by a prison term; (3) to take all necessary steps to avoid detection by others of the facts concerning the protection provided; (4) to cooperate with all reasonable requests of Government employees; (5) to comply with civil judgments; (6) to designate another person to act as an agent for the service of process; (7) to make a sworn statement of all outstanding legal obligations imposed by court order; and (8) to disclose any probation or parole responsibilities.
Establishes a procedure for the termination of protection upon substantive breach of such agreement. Allows an individual to file a grievance within the Department of Justice independent of the program providing protection.
Authorizes a probation officer to supervise any person provided protection under this Act who is on probation or parole under State law, provided the State involved consents to such supervision.
Provides for service of process on a protected person and compliance with a judgment in a civil proceeding.
Prohibits the relocation of a child if a party other than the protected witness has custody of the child. Requires the Department of Justice to comply with any court orders with respect to child custody and visitation. Allows for modification of such order in certain cases. Sets forth mediation and arbitration procedures with respect to child custody or visitation arrangements where a protected person is a party to a disputed order. Allows the Attorney General to seek relief from custody or visitation orders when compliance would be "substantially impossible."
Allows the Attorney General to pay restitution to, or in the case of death compensation for the death of, any victim of a crime committed by any person provided with protection. Authorizes appropriations. Directs the Attorney General to establish guidelines and procedures for making such payments.
Requires all Federal agencies to cooperate with the Attorney General in carrying out this Act. Allows the Attorney General to agree with a State government to provide protection for a person.
Establishes reemployment rights for certain United States marshals.
Title IX: Federal Rape Reform - Federal Rape Law Reform Act of 1984 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: aggravated sexual abuse, sexual abuse, and abusive sexual contact. Provides for an offense involving the sexual abuse of a minor or ward. Makes such offenses neutral as to gender.
Repeals the chapter on rape. Makes conforming changes to The Public Health Service Act, the Juvenile Justice and Delinquency Prevention Act of 1974, the Mental Health Systems Act, the Federal Aviation Act and the Federal Rules of Evidence.
Title X: Victim Compensation and Assistance - Victims of Crime Act of 1984 - Establishes within the Treasury the Crime Victims Fund. Provides that the Fund consist of: (1) most fines collected in Federal criminal cases; (2) penalty assessments on convicted persons; and (3) proceeds of all forfeitures (appearance bonds, bail bonds and collateral) in Federal criminal cases.
Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses, loss of wages, and funeral expenses; (2) condition compensation on cooperation with law enforcement officials; (3) would not use Federal funds to supplant State funds; and (4) does not discriminate against non-resident victims.
Allows the Attorney General to make grants to the chief executive of each State for the financial support of crime assistance programs. States that such programs must have as a priority assistance to victims of sexual assault, spousal abuse or child abuse.
Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses.
Establishes a procedure for the special forfeiture of collateral profits of certain crimes.
Title XI: Trademark Counterfeiting - Trademark Counterfeiting Act of 1984 - Amends the Lanham Act and the Olympic Charter Act to establish penalties of up to five years imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation) for trafficking or attempting to traffic in counterfeit marks.
Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, in Federal district court.
Title XII: Dangerous Drug Diversion Control - Dangerous Drug Diversion Control Act of 1984 - Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping, and criminal penalties in order to avoid imminent hazard to the public safety. Sets forth the procedure for issuing a temporary control order. Authorizes the Attorney General to exempt certain compounds, mixtures, or preparations from control.
Provides that persons who dispense controlled substances shall obtain from the Attorney General a registration for a period for not more than three years.
Allows the Attorney General to deny, suspend, or revoke a registration if such registration is inconsistent with the public interest. Establishes authority for the Attorney General to take control of drugs when a registration expires or a registrant ceases doing business in the manner the registration contemplates. Requires registrants to notify the Attorney General of a change of address.
Raises the penalties for criminal offenses involving manufacturing or distributing schedule II nonnarcotic substances. Makes it a Federal offense to knowingly obtain controlled substances by use of an expired registration number.
Authorizes the Attorney General to assist State and local governments in suppressing the diversion of controlled substances from legitimate medical, scientific, and commercial channels.
Provides for forfeiture of controlled substances possessed in violation of such Act.
Amends the Controlled Substances Import and Export Act to allow the Attorney General to authorize the importation of certain narcotic raw materials (opium, poppy straw, and coca leaves) necessary for medical or scientific purposes. Revises the importation requirements for narcotic and nonnarcotic substances. Makes changes in the registration requirements for importers and exporters of controlled substances. Allows the Attorney General to deny, revoke, or suspend a registration taking into consideration the public interest and international obligations. Makes it unlawful to export controlled substances from the United States without the required proof that the export does not violate the law of the importing country.
Title XIII: Access Devices and Computers - Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 - Amends the Federal criminal code to make it a criminal offense to knowingly and with intent to defraud: (1) produce or traffic in counterfeit credit cards or other account access devices; (2) traffic in one or more unauthorized credit cards or other access devices within one year and by such conduct obtain anything of value aggregating $1,000; (3) possess 15 or more counterfeit or unauthorized access devices; or (4) produce, traffic in, or possess access device-making equipment.
Makes it an offense to attempt to commit or to be a party to a conspiracy to commit such an offense.
Increases the penalty for subsequent offenses.
Establishes an additional offense of using a computer without authorization or using a computer with authorization for unauthorized purposes with the intent to execute a scheme to defraud, if such conduct obtains: (1) anything of value aggregating $5,000 or more, or creates a loss of $5,000 or more, during any year; (2) classified information; or (3) certain financial records.
Prohibits the unauthorized use of a computer when such conduct modifies, destroys, discloses information or prevents the authorized use of a computer operated for or on behalf of the U.S. government.
Makes it an offense to attempt to commit or to be a party to a conspiracy to commit such an offense.
Increases the penalty for subsequent offenses.
Grants authority to the U.S. Secret Service to investigate offenses under this Act.
Requires the Attorney General to report annually to Congress about prosecutions under this Act during the first three years after its enactment.
Title XIV: Terrorism - Act for the Prevention and Punishment of the Crime of Hostage Taking - Amends the kidnapping provisions of the Federal criminal code to include within the prohibition threatening to kill, injure, or continue to detain the kidnap victim in order to compel a third party to do or abstain from doing any act as a condition for the victims release. Establishes a penalty of imprisionment for any term of years of life.
Aircraft Sabotage Act - Amends the Federal criminal code to make it a Federal offense to willfully: (1) set fire, damage, destroy or wreck any aircraft; (2) place a destructive device or substance in or in proximity to any aircraft in order to make it unusable or hazardous to work; (3) damage any air navigation facility; (4) damage, destroy, or disable any appliance, structure, ramp, landing area or property used in connection with the operation or maintenance of any such aircraft; (5) incapacitate or use violence against any individual on such aircraft; (6) communicate false information endangering the safety of such aircraft; or (7) attempt to accomplish any of the above. Provides for a fine of not more than $100,000 or imprisonment for not more than 20 years or both.
Establishes a separate offense with regard to using violence against any individual on board or destroying or damaging an aircraft registered in a country other than the United States.
Amends the Federal Aviation Act of 1958 to revise the definition of "special aircraft jurisdiction of the United States."
Makes it a Federal criminal act to impart or convey threats dealing with the destruction of aircraft, motor vehicles, trains or vessels.
Amends the Federal Aviation Act of 1958 to provide civil and criminal penalties for conveying false information in regard to aircraft piracy, crimes on aircraft, and interference with flight crew members.
Prohibits any person, except authorized law enforcement officers or government employees from carrying a concealed or dangerous weapon in flight.
Increases the criminal fines for certain aircraft violations.
Title XV: Armed Career Criminal - Armed Career Criminal Act of 1984 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a mandatory sentence of 15 years and a fine of not more than $25,000 for "armed career criminals."
Applies such penalties to any person with three prior convictions who commits or threatens to commit a robbery or burglary while in possession of a firearm.
Title XVI: Protection of Certain Federal Officers and Employees - Intelligence Community and Federal Probation Officers Protection Act of 1984 - Amends the Federal criminal code to add to current penalties for killing officers and employees of the United States penalties for killing any officer or employee of any member of the intelligence community or any U.S. probation officer or pretail services officer.
Title XVII: Escape - Establishes criminal penalties for any person who escapes from civil commitment, or assists the escape or attempted escape of anyone in the Attorney General's custody.
Title XVIII: Financial Bribery - Financial Bribery and Fraud Amendments Act of 1984 - Amends the Federal criminal code with regard to bribery. Provides that any person who knowingly offers or gives anything of value to a director, employee, agent, or attorney of a national credit institution with the intent to influence official action or to induce a violation of a legal or fiduciary duty shall be fined not more than $250,000 or imprisoned for not more than five years or both ($1,000,000 if the offender is an entity other than an individual), if the value of the thing offered is greater than $250. Provides for a fine of not more than $100,000 or imprisonment for not more than one year or both ($250,000 if the offender is an entity other than an individual) in all other cases.
Prohibits any person from soliciting, accepting, or agreeing to accept anything of value for the above purposes. Applies the same penalties to such offenses.
Modifies current law regarding graft in financial operations to set forth penalties for anyone who knowingly offers or gives anything of pecuniary value to any person with the intent to reward such person for an official duty taken, or any legal or fiduciary duty violated by such person as a director, employee, agent, or attorney for a national credit institution. Prohibits any such person from soliciting or accepting such a payment. Provides for a fine of not more than $250,000 or imprisonment for not more than three years or both ($1,000,000 if the offender is an entity other than an individual) if the value of the thing offered is greater than $250. Provides for a fine of $100,000 or imprisonment for not more than six months or both ($250,000 if the offender is other than an individual) in all other cases.
Establishes a new offense of financial fraud. Makes it a Federal offense to devise or intend to devise a scheme to defraud a national credit institution or obtain property from such institution by false or fraudulent pretenses, representations, or promises. Provides for a fine of not more than $250,000 or imprisonment for not more than five years. Sets a fine of not more than $1,000,000 for an offender other than an individual.
Defines "national credit institution" to include federally-insured banks, credit unions, Federal home loan banks, savings banks, savings and loan associations, small business investment companies, bank holding companies, and savings and loan holding companies.
Title XIX: Countraband in Prisons - Amends the Federal criminal code in regard to providing or possessing contraband in Federal prison. Makes it a Federal offense for any person to provide an inmate with: (1) a firearm or other destructive device; (2) any weapon or object that may be used as a means to facilitate escape; (3) narcotic drugs; (4) controlled substances; (5) alcoholic beverages; (6) U.S. currency; or (7) any object that threatens the security of such prison or the life, health, and safety of an individual. Prohibits Federal inmates from possessing the above. Establishes penalties based upon the kind of contraband either provided or possessed.
Provides for imprisonment for not more than ten years or a fine of $250,000 for any person who intentionally causes or furthers a riot in a Federal prison.
Imposes a fine of not more than $250,000 or imprisonment for not more than two years for any person who intentionally participates in a prison mutiny.
Title XX: Foreign Evidence - Amends the Federal criminal code to admit into evidence in any criminal proceeding foreign business records kept in the course of regularly conducted business activity. Provides for certification in order to insure the documents' authenticity and accuracy.
Provides procedures for service on the Attorney General and other appropriate Government attorneys of papers filed in opposition to an official request by the United States to a foreign government for criminal evidence. Allows for the appointment of a special master at a foreign deposition.
Allows the district court before which a grand jury is impaneled to suspend the statute of limitations for an offense to permit the United States to obtain foreign evidence. Limits the total of all periods of suspension for a single offense to three years.
Title XXI: Criminal Fine Enforcement - Criminal Fine Enforcement Act of 1984 - Amends the Federal criminal code in regard to the collection and payment of fines and penalties.
Provides that a judgment may direct imprisonment until a fine or penalty is paid if the court finds that the defendant has the present ability to pay such fine or penalty.
States that a judgment imposing the payment of a fine or penalty is a lien in favor of the United States and it applies to all property of the defendant other than property exempt from levy under the Internal Revenue Code.
States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Allows the Attorney General to make payment due immediately upon the default of any installment payment.
Requires the defendant to pay interest at a rate of 1.5 percent per month on any amount of a fine or penalty that is past due (plus an extra 25 percent if the delinquency extends beyond 90 days).
Allows the Attorney General and the Director of the Administrative Office of the U.S. Courts to provide by regulation that fines for specified categories of offenses be paid to the clerk of the court.
Provides that if the fine is imposed on an organization, payments are authorized from the assets of the organization; but if the fine is imposed on a director, officer, employee, or agent of the organization, payment shall not be authorized from organization assets unless expressly permitted by State law.
Requires a defendant to pay a fine made a condition of probation even after the probation's end.
Provides penalties for criminal default on a fine.
Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant.
States that if a defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine only to the extent that such fine will not impair the ability of the defendant to make restitution.
Increases the maximum fine levels for certain felonies, misdemeanors, and offenses which result in pecuniary gain.
Provides a procedure for establishing security if a fine is stayed.
Makes a diligent effort to pay a fine a condition of parole.
Increases the fine for the commission of a misdemeanor to $5,000 for an individual and $10,000 for an organization.
Title XXII: Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 - Juvenile Justice, Runaway Youth, and Missing Children's Act Amendments of 1984 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to make technical changes with regard to the Act's findings, purpose, and definitions.
Makes changes in the Act so that it is neutral as to sex.
Decreases the authorized appropriations from $500,000 to $200,000 for the Coordinating Council on Juvenile Justice and Delinquency Prevention.
Revises certain requirements imposed on State plans receiving formula grants under the Act, including the involvement of family members in programs addressing the delinquency-related problems of juveniles and the provision of treatment to juveniles with a dependence on alcohol or drugs.
Requires that State plans provide that no juvenile shall be detained or confined in any jail or lockup for adults except in certain cases of juveniles accused of nonstatus offenses who are awaiting an initial court appearance within 24 hours of custody.
Revises the amount of funds appropriated for making grants and entering contracts with public and private non-profit agencies, organizations, or institutions, or individuals for certain activities and projects. Requires programs selected for such grants to be selected through a competitive process. Requires the Administrator to announce publicly the availability of funds for such assistance.
Requires that the notification of grants and contracts and the applications for such grants be transmitted to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on the Judiciary of the Senate.
Requires the Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention (Institute), to provide for a biennial national conference for the purpose of: (1) disseminating information, data, standard techniques, and program models; (2) reviewing Federal policies regarding juvenile justice; and (3) advising the Administrator, the President and the Congress.
Authorizes appropriations for FY 1985 through 1988.
Amends the Runaway and Homeless Youth Act to provide grants and assistance to programs that assist families. Requires the Secretary of Health and Human Services to provide assistance to potential grantees interested in establishing runaway and homeless youth centers. Authorizes the Secretary to enter into lease arrangements with States, localities, and nonprofit private agencies to provide for the use of surplus Federal facilities.
Repeals the section dealing with the procedure for a reorganization plan.
Authorizes appropriations for FY 1984 through 1988.
Missing Children's Assistance Act - Direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to: (1) coordinate all federally-funded programs relating to missing children; (2) compile and publish an annual report evaluating Federal, State, and local research and projects relating to missing children; (3) establish and allocate a national toll-free telephone line for missing children; (4) provide assistance to State and local governments, public and private nonprofit agencies, and individuals in locating missing children; (5) conduct national incidence studies; and (6) prepare an annual comprehensive plan for coordinating agencies and organizations with responsibilities relating to missing children.
Establishes an Advisory Board on Missing Children.
Authorizes the Administrator to make grants for research, demonstration projects, and service programs for missing children.
Authorizes appropriations for FY 1984 through 1988.
Title XXIII: Criminal Justice Act Revision - Criminal Justice Act Revision of 1984 - Amends the Federal criminal code to revise provisions concerning the appointment of counsel in Federal criminal proceedings.
Makes the representation of material witnesses in custody a right of such witnesses instead of discretionary with the court. Authorizes the representation of financially eligible persons charged with a petty offense for which a sentence of confinement is authorized.
Authorizes appointment of an additional attorney in complex or difficult cases where the court finds it to be in the interest of justice.
States that counsel should be provided as soon as feasible after custody begins and that the authorities should notify the official responsible whenever a person in custody requests counsel or is without counsel.
Authorizes the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive.
Increases the maximum amounts appointed counsel may receive: (1) in a felony case, from $1,000 to $5,000; (2) for a misdemeanor, from $400 to $1,500; and (3) for an appeal, from $1,000 to $3,000. Provides that for any other kind of representation authorized by this section, the compensation shall not exceed $1,000. Provides for an additional authorization of $300 for investigative, expert, or other service with prior request of counsel and for an additional amount in certain circumstances. Increases the maximum amount of compensation paid to a person for services other than for legal counsel to $1,000.
Requires the Director of the Administrative Office of the United States Courts to provide liability insurance for employees of a Federal Public Defender Organization or Community Defender Organization receiving grants.
Authorizes appropriations to the U.S. courts for representation plans, including funds for the continuing education of persons providing representational services.
Title XXIV: Salaries of United States Attorneys - Directs the Attorney General to fix the annual salaries of United States attorneys and other specified attorneys at rates not exceeding the basic compensation rates provided for Executive Level IV of the Executive Schedule.
Became Public Law No: 98-473.
Passed Senate with an amendment by Voice Vote.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to House Committee on Public Works and Transportation.
Referred to Subcommittee on Aviation.
Referred to Subcommittee on Crime.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended).
Called up by House Under Suspension of Rules.
Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 406 - 16 (Record Vote No: 434).
Roll Call #434 (House)Passed House (Amended) by Yea-Nay Vote: 406 - 16 (Record Vote No: 434).
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Received in the Senate.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1349.
See H.J.Res.648.