Criminal Law and Procedure Technical Amendments Act of 1986

(Measure passed House, amended)

Criminal Law and Procedure Technical Amendments Act of 1986 - Makes technical and conforming changes to the Federal criminal code, the Federal judicial code, and the Federal Rules of Criminal Procedure.

Waives the residency requirement for any judge holding a full-time position on the United States Sentencing Commission.

Requires the court, when not ordering restitution (or ordering only partial restitution) as part of a sentence, to include in the statement the reasons therefor.

Eliminates the discharge of liability for unexecuted fines or other punishment which was granted by the fulfillment of the terms and conditions of probation.

Provides that a period of supervised release shall run concurrently with any term of imprisonment of less than 30 days.

Authorizes the Director of the Administrative Office of the United States Courts to contract, subject to appropriations, with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are alcohol or drug-dependent.

Authorizes courts to order restitution in lieu of other criminal penalties if the offense is a misdemeaner.

Amends the Federal Rules of Criminal Procedure to grant courts the authority to order the defendant to submit to an examination to determine whether he has the mental capacity to stand trial.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping 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.

Includes all Delegates to Congress within the definition of "public official" as it pertains to certain prohibitions in the Federal criminal code. (Current law includes only the Delegates from the District of Columbia within such definition.)

Authorizes the U.S. Marshals Service to credit all fees, commissions, and services collected to such Service's appropriation.

Makes technical changes to the Victims of Crime Act of 1984.

Establishes a maximum sentence of ten years imprisonment for an accessory after the fact, if the principal is punishable by a life sentence.

Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to add certain new predicate offenses (tampering with and retaliating against a witness, victim, or informant).

States that the obstruction of justice provisions of the Federal criminal code do not prohibit the providing of lawful legal representation.

States that a person found guilty of an offense shall be released pending appeal where the judicial officer finds that such appeal will likely result in a sentence that does not include a term of imprisonment.

Provides criminal penalties for: (1) providing contraband materials to prisoners; and (2) possessing contraband materials in prison. (Current law prohibits trafficking in contraband articles in prison.)

Includes detention facilities as a class of institution within the mutiny and riot provisions of the Federal criminal code.

Amends the Federal Rules of Criminal Procedure regarding a conditional ruling on a motion for a new trial.

Allows the U.S. Parole Commission to modify the conditions of parole without regard to the ten-day response period if such modification is required to prevent harm to the parolee or to the public.

Amends the Federal criminal code to make technical changes regarding the offense of Federal program theft and bribery.

Provides enhanced criminal penalties for threats to assault, kidnap, or murder certain Federal officials. (Current law provides such enhanced penalties for threats made against family members of such officials.)

Provides enhanced criminal penalties for killing or attempting to kill a person to prevent a witness from testifying or to prevent the production of evidence.

Makes it a Federal criminal offense to assassinate, kidnap, or assault a major Presidential or Vice Presidential candidate.

Provides criminal penalties for the communication of certain threats in foreign (as well as interstate) commerce.

Makes it a Federal criminal offense to trepass on Bureau of Prisons property. (Currently, trespass on such property is prosecuted under the Assimulative Crime Act.) Increases the number of offenses for which Bureau of Prison personnel can make arrests without warrants to include assaults on officers, theft, depredation of property, destruction of property, and trespass.

Authorizes the Director of the Bureau of Prisons to enter into contracts with States or territories for the exchange of prisoners.

Authorizes the Attorney General to accept donations for use by the Bureau of Prisons. Authorizes the chief executive officer of a Federal penal or correctional facility to order autopsies under certain circumstances.

Includes extortion of federally insured banks as a bank robbery offense.

Authorizes the Attorney General to appoint interim United States Attorneys when vacancies occur. (Current law authorizes the appropriate district court to make such appointments.)

Requires that at least half the money in the Crime Victims Fund allocated for Federal use be used to provide services for victims of Federal crimes. (Current law requires that not more than half of such funds go for such purposes.)

Provides that the court of appeals, in reversing a sentencing decision, must remand the case for further sentencing proceedings.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to the seizure of property.

Modifies the standards for imposing restitution. Authorizes the Attorney General to enforce a restitution order in the manner provided for the collection of fines.

Eliminates the presentencing requirement that the court give notice to the defendant and the government that it is considering imposing an order of restitution.

Requires the court to consider the need to provide restitution to the victim of the offense when determining the sentence to be imposed.

Provides crime victim grant recipients with additional time to determine how to expend its grant.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractural agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act.

Sexual Abuse Act of 1986 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: (1) aggravated sexual abuse; (2) sexual abuse; (3) sexual abuse of a minor or ward; and (4) abusive sexual conduct.

Defines aggravated sexual abuse as knowingly causing another person to engage in sexual conduct by: (1) using force against that person; or (2) threatening or placing that person in fear of death, serious bodily injury, or kidnapping. Provides additional penalties when that person is a child (under 12 years of age).

Defines sexual abuse as: (1) knowingly causing another person to engage in sexual conduct by threatening or placing that person in fear that another person will be subjected to death, serious bodily harm, or kidnapping; or (2) engaging in sexual conduct with another person who is incapable of appreciating the nature of the conduct or of declining participation.

Defines the sexual abuse of a minor as knowingly engaging in a sexual act with another person who is: (1) between the ages of 12 and 16; and (2) at least four years younger. Defines the sexual abuse of a ward as knowingly engaging in a sexual act with another person who is: (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging. Establishes defenses for the sexual abuse of a minor or ward by establishing that: (1) the defendant believed the other person had attained the age of 16; or (2) the persons engaged in the sexual act were married to each other at that time.

Defines abusive sexual conduct for the purposes of this Act.

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, and the Federal Aviation Act.