Amends the Federal criminal code to make minor or technical changes to the Comprehensive Crime Control Act of 1984. Modifies the kinds of offenses for which pretrial detention on grounds of dangerousness is authorized to include serious explosive and firearms violations. Provides that a pretrial detention hearing shall be held upon motion of the government if the defendant has been convicted of two or more offenses. Grants the Court discretion to reopen the detention hearing at any time before trial.
Reenacts provisions of the Criminal Fine Enforcement Act. Repeals the authority to impose a sentence pursuant to the Federal Youth Corrections Act (which was repealed pursuant to the Comprehensive Crime Control Act of 1984). Modifies the terms of office, compensation, and duties of the members of the Sentencing Commission.
Requires the U.S. Marshal to return the defendant to the court for final sentencing only if the defendant is in custody. Provides for a presentence examination and a report by a psychiatric or psychological examiner as the basis for the hospitalization of a convicted person suffering from mental disease or defect.
Provides that in the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for its relationship to sentences prescribed by guidelines. Directs the court to include a statement of the reason for ordering only partial restitution to a victim. Repeals the requirement that the court give notice to the parties before imposing an order of restitution. Repeals the provision that states that the fulfillment of the terms and conditions of probation discharges the defendant's liability for any unexecuted fine or other punishment imposed as to which probation is granted. Allows a court not to impose a fine, restitution, or community service in extraordinary circumstances regarding mandatory or discretionary conditions of probation. Allows the court to modify conditions of probation without a hearing if certain conditions are met. Declares that a term of probation does not run while a defendant is imprisoned for a Federal, State or local conviction unless the imprisonment is for a period of less than 30 consecutive days. Lengthens and modifies the authorized terms of supervised release.
Authorizes probation officers to assist in the supervision of persons within the custody of the Attorney General while on work release, furlough or other authorized release from confinement.
Applies good time credit to the first year of imprisonment as well as to subsequent years.
Allows the court to order restitution in addition to, but not in lieu of, any other penalty authorized by law. Extends certain remedies available for the collection or satisfaction of unpaid fines to the enforcement of a restitution order.
Authorizes the Director of the Administrative Office of the United States Courts to contract with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are addicts or drug-dependent persons.
Sets forth the standard of review for cases challenging the application of the sentencing guidelines. Provides that the court must find that the lower court's construction was clearly erroneous before it can remand the case for further sentencing proceedings. Requires that district courts are to review sentences imposed by magistrates according to the same standards that apply to appellate court review of district court sentences.
Makes the maximum sentence for juveniles the same as the maximum sentence for adults. Makes the "good time" provisions applicable to adults also applicable to juveniles.
Provides that defendants already sentenced to imprisonment, but who are not appealing their convictions, shall remain in custody pending a government appeal protesting the length of the sentence. Implements U.S. treaty obligations with regard to persons sentenced to a term of imprisonment by a foreign court who are later transferred to the United States to provide that the overall sentence imposed may not be modified but only the portion of that sentence which is to be served in official custody (therefore allowing for supervised release).
Revises the effective date for the sentencing reform and the abolition of the United States Parole Commission. Establishes transition procedures.
Makes technical changes to the Racketeer Influenced and Corrupt Organizations statute with regard to criminal forfeiture.
Amends the Tariff Act of 1930 to require a bond of $5,000 for a claimant to obtain judicial forfeiture of property otherwise subject to administrative forfeitures.
Authorizes the Secretary of the Treasury to transfer forfeited property to any other Federal agency.
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to criminal forfeiture.
Authorizes seizures pursuant to the admiralty rules only for property subject to civil forfeiture under the Controlled Substances Act since the admiralty rules apply only to civil forfeiture in rem.
Allows the government to seek a stay of a Federal civil forfeiture action if a State indictment or information for the same kind of offense is filed.
Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping forfeited vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States, Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.
Prohibits the admission of evidence obtained with respect to a psychological examination of defendants for purposes of ascertaining their competency to stand trial.
Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" and with regard to drug penalties.
Authorizes the Attorney General to enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act. Empowers the Attorney General to authorize State and local law enforcement officers to perform certain law enforcement functions.
Amends the Controlled Substances Import and Export Act with regard to its definitions and penalties.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to grant the United States Claims Court exclusive jurisdiction over all actions seeking review of the final decisions of the Bureau of Justice Assistance.
Amends the Employee Retirement Income Security Act of 1974 concerning disqualifications from serving as a consultant or advisor to an employee benefit plan because of a conviction of certain crimes.
Amends the Currency and Foreign Transactions Reporting Act Amendments to increase from $5,000 to $10,000 the amount required to be transported before the reporting requirement is invoked.
Amends the Comprehensive Crime Control Act of 1984 to prohibit crimes of violence perpetuated against the offender's own property.
Imposes mandatory minimum additional penalties for any person who carriers a firearm during and in relation to the commission of a Federal felony. Provides for such additional penalty for any person who carries a handgun loaded with armor-piercing ammunition during a crime of violence or a drug felony.
Makes the attempted kidnapping of a Federal law enforcement officer an offense punishable by imprisonment for up to 20 years.
Makes a technical correction to the prohibition regarding bank bribery.
Revises the definition of "public official" for purposes of the prohibition against U.S. public officials acting as agents of a foreign principal required to register under the Foreign Agents Registration Act of 1938.
Strengthens the provisions relating to the introduction or possession of contraband in prisons.
Allows a probation officer, upon request of the Attorney General, to supervise any person provided protection under the witness protection program who is on probation or parole under State law if the State consents. Subjects such person to all Federal laws pertaining to probationers or parolees.
Amends the Federal Rules of Criminal Procedure to incorporate the same procedure for a conditional ruling on a defendant's motion for a new trial in connection with the granting of a post-verdict acquittal in a criminal case as exists under the Federal Rules of Civil Procedure in a comparable situation in which a motion for a new trial is coupled with a motion for judgment notwithstanding the verdict.
Authorizes the U.S. Marshals Service to credit to its appropriations account all fees, commissions, and expenses collected for the service of civil process and seizures, levies, and sales associated with judicial orders of execution by the Marshals Service.
Prohibits the special assessment from being imposed on any person convicted of an offense for which local rules of the district court, or other Federal law, establishes that collateral may be posted in lieu of appearance in court.
Extends the deadline for spending funds granted to the States for victim compensation programs.
Exempts from the prohibition against credit card fraud, the lawful authorized investigative, protective, or intelligence activity of a Federal, State, or local law enforcement agency or of a Federal intelligence agency.
Imposes a maximum sentence of 10 years on an accessory after the fact, if the principal is punishable by a life sentence.
Defines "organization" for purposes of the Act as a person other than an individual.
Extends the coverage for purposes of the prohibition against the bribery of public officials and witnesses and the prohibition against public officials receiving compensation for services rendered in relation to any proceeding in which the United States is a party, to include all Delegates to the Congress.
Revises the offense of using or carrying an explosive or using fire during the commission of a Federal felony.
Revises the definition of "racketeering activity" to add two more predicate offenses.
Makes minor changes to the provisions dealing with the receipt of stolen property in interstate or foreign commerce.
Placed on Union Calendar No: 479.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Criminal Justice.
Subcommittee Consideration and Mark-up Session Held.
Clean Bill H.R.5241 Forwarded by Subcommittee to Full Committee in Lieu.
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