Comprehensive Crime Control Act of 1990

Summary

Comprehensive Crime Control Act of 1990 - Title I: Correctional Options Incentives Amendments - Amends the Omnibus Crime and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make four grants each fiscal year to public agencies for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. Allocates funds for such grants. Limits such grants to 50 percent of the total cost of the correctional option. Increases such percentage to 75 percent on the basis of financial hardship. Revises authorization provisions to authorize such sums as may be necessary for FY 1991 and 1992 to carry out Bureau of Justice Assistance programs. Authorizes appropriations. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, if property at a closed or realigned military installation remains available after notifying the Department of Defense, to: (1) notify the Attorney General of the availability of the property; and (2) transfer the property to public agencies for use in correctional options programs. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require States that receive specified formula grants to allocate at least five percent of such grants to the improvement of criminal justice records. Waives compliance with such requirement under specified conditions. Amends the Anti-Drug Abuse Act of 1988 to make the Bureau of Prisons responsible for: (1) notifying State and local corrections agencies of the existence of underutilized military facilities suitable for use as minimum security institutions, correctional options, boot camp prisons, or facilities for nonviolent offenders; and (2) assisting such agencies in adapting the facilities for such uses. Title II: Federal Death Penalty - Amends the Federal criminal code to provide for the death penalty for: (1) an attempted killing (on account of such persons' official status) that results in serious bodily injury to the President, Vice President, President-elect, or Vice President-elect; (2) the intentional killing (on account of such persons' official status) of a Member of Congress, a Supreme Court Justice, a member of the Cabinet, the Deputy Director of Central Intelligence, a nominee of such posts, or a major presidential or vice presidential candidate; (3) the intentional killing (on account of such persons' official status) of a foreign official, internationally protected person, or a member of a family of such person; (4) the intentional killing (on account of such persons' official status) of a Federal law enforcement officer or Federal judge; (5) the intentional killing of a Federal witness in the witness protection program; (6) the intentional killing of a victim of a kidnapping or hostage-taking; and (7) traveling in interstate or foreign commerce with intent to murder and intentionally killing the victim. Applies death penalty procedures established under this Act to treason and offenses involving the gathering or delivering of defense information to aid a foreign government. Authorizes the death penalty for specified terrorism offenses. Amends the Federal Aviation Act of 1958 to apply death penalty procedures established under this Act to specified aircraft piracy offenses. Amends the Controlled Substances Act to apply such procedures to specified drug-related and continuing criminal enterprise offenses. Directs the Government, for any offense punishable by death, to: (1) notify the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty; and (2) set forth the aggravating factors on which it will prove the basis for such penalty. Requires court approval for additional aggravating factors not specifically listed under this Act. Provides for bifurcated trials for death penalty cases. Requires a separate sentencing hearing before a jury or, upon motion by the defendant, the court. Authorizes the presentation of all information relating to mitigating or aggravating factors, without regard to Federal Rules of Evidence. Provides that information is not admissible unless there are sufficient indicia of reliability to support its probative value. Prohibits the admission of information if the danger of prejudice outweighs its probative value. Places the burden of establishing the existence of aggravating factors on the Government and the burden of establishing mitigating factors on the defendant. Lists specified mitigating factors. Sets forth specified aggravating factors for homicide, attempted homicide, espionage, and treason. Authorizes special findings with respect to mitigating factors to be made by a jury member. Requires special findings with respect to aggravating factors to be unanimous. Directs the court to impose a sentence other than death unless two or more aggravating factors are found to exist for treason, espionage, or homicide offenses. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Sets forth provisions concerning the appropriateness of sentences and the imposition and implementation of the death sentence. Prohibits the imposition or carrying out of the death sentence on any individual: (1) who was under 18 years of age at the time of the offense; (2) who is mentally retarded; or (3) who is pregnant. Provides for the automatic review of death sentences by the court of appeals unless the defendant waives such review. Requires the Supreme Court to review such a sentence if the court of appeals affirms the sentence. Authorizes any person to seek review or appropriate relief on behalf of a person sentenced to death who is believed to be mentally retarded or incompetent. Title III: Anabolic Steroids - Amends the Controlled Substances Act to: (1) establish penalties for physical trainers or advisers who endeavor to persuade or induce individuals to possess or use anabolic steroids; (2) add anabolic steroids as a schedule III substance under such Act; and (3) define "anabolic steroid" as any drug or hormonal substance that promotes muscle growth in a manner pharmacologically similar to testosterone, including specified substances. Amends the Federal Food, Drug, and Cosmetic Act to apply penalties currently applicable to the distribution of anabolic steroids to the distribution of human growth hormones. Establishes the Interagency Coordinating Council on the Abuse of Anabolic Steroids. Requires the Council to develop a comprehensive strategy for the control of the improper use and abuse of anabolic steroids. Title IV: Asset Forfeiture - Authorizes the Attorney General to transfer a specified amount from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund during FY 1990 through 1993. Amends the Anti-Drug Abuse Act of 1988 to provide for such transfer. Amends the Controlled Substances Act to direct the Attorney General to assure that property is not transferred following an adopted seizure process (i.e., one in which investigative and prosecutive activity related to the seizure was carried out exclusively by State and local agencies) to circumvent any requirement of State law that limits the disposition of property forfeited to State or local agencies. Authorizes the Attorney General to warrant clear title to any subsequent purchaser or transferee of forfeited property. Amends the Controlled Substances Act to authorize the Attorney General to carry out seizure and forfeiture of moneys in the manner provided with respect to seizure and forfeiture of conveyances by the Secretary of the Treasury under the Tariff Act of 1930. Amends the Federal criminal code to authorize the Attorney General or the Secretary of the Treasury, whenever property is civilly or criminally forfeited, to transfer such property or the proceeds of the sale of such property to any foreign country which participated in the seizure or forfeiture if such transfer: (1) has been agreed to by the Secretary of State; (2) is authorized in an international agreement between the United States and such country; and (3) is made to a country that has been certified under the Foreign Assistance Act of 1961 if assistance to such country is restricted. Amends the Controlled Substances Act to require the seizure, and forfeiture to the United States, of all dangerous, toxic, or hazardous raw materials (for use in controlled substances) and equipment or containers for such materials. Revises provisions concerning the Assets Forfeiture Fund to make such Fund available for awards for information or assistance leading to civil or criminal forfeiture under the Controlled Substances Act, the Controlled Substances Import and Export Act, or specified civil and criminal forfeiture provisions under the Federal criminal code. Amends the Controlled Substances Act to add to the list of property subject to forfeiture to the United States drug paraphernalia and firearms used in drug offenses. Title V: Computer Crime - Amends the Federal criminal code to establish penalties for the unauthorized, reckless access of a Federal interest computer that results in the alteration or damage to information or prevents the authorized use of such computer. Title VI: Law Enforcement Scholarships and Recruitment Incentives - Authorizes each State to pay from funds under this Act, the Federal share (not more than 50 percent) of the cost of: (1) awarding scholarships to in-service law enforcement personnel for further education; or (2) providing employment by State and local law enforcement agencies for students who are enrolled at least part time in an accredited institution of higher education and who demonstrate interest in a law enforcement career. Requires each State receiving such funds to designate a lead agency to conduct such programs. Makes the Director of the Bureau of Justice Assistance responsible for administration of such programs and for issuing rules. Provides that such a scholarship shall be for one academic year and may be used at any accredited institution of higher education. Conditions eligibility on an individual's having been employed in law enforcement for two years immediately preceding the date for which scholarship assistance is sought. Makes persons who have been employed as law enforcement officers ineligible to participate in the employment program. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes and allocates appropriations. Title VII: Firearms Provisions - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Amends the Internal Revenue Code to revise provisions concerning the disposition of forfeited firearms. Amends the Federal criminal code to prohibit the assembly of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions. Title VIII: Chemical Diversion and Trafficking - Amends the Controlled Substances Act to revise and expand the list of precursor chemicals, including transferring to such list hydriodic acid from the list of essential chemicals. Title IX: Drug Paraphernalia - Amends the Controlled Substances Act to make it unlawful to sell, transport in interstate commerce, import, or export drug paraphernalia. Transfers specified provisions of the Anti-Drug Abuse Act of 1986 that relate to drug paraphernalia to the Controlled Substances Act. Revises penalty provisions with respect to drug paraphernalia. Repeals drug paraphernalia provisions of the Anti-Drug Abuse Act of 1986. Authorizes appropriations to the Attorney General for the creation of task forces to enforce this title. Title X: Licit Opium Imports - Directs the President to review and report to the Congress on the advisability of continued reliance on the 80-20 rule by which at least 80 percent of U.S. imports of narcotics raw material must come from India and Turkey. Title XI: Sentencing for Methamphetamine Offenses - Directs the U.S. Sentencing Commission to promulgate or amend guidelines for sentences involving methamphetamine offenses so that more substantial penalties are imposed if the substance is smokable crystal methamphetamine. Title XII: Obstruction of Justice - Amends the Federal criminal code to increase penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XIII: Habeas Corpus - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a one-year statute of limitations for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution and for the consideration of second or successive applications for a writ of habeas corpus in capital cases. Grants an applicant under sentence of death the right to appeal the final order in a habeas corpus proceeding without a certificate of probable cause, except after denial of a second application. Requires each habeas corpus claim to be governed by the law existing on the date the court considers the claim. Specifies circumstances under which the court may decline to apply a new rule representing a sharp break from precedent that positively changes the law from governing at the time the claimant's sentence became final. Specifies circumstances under which a habeas corpus applicant shall be deemed to have defaulted for failing to raise a claim in State proceedings. Requires any State in which capital punishment may be imposed to: (1) provide legal services to indigents who have been charged with capital offenses or who seek appellate, collateral, or Supreme Court review of a death sentence; and (2) establish an appointing authority to recruit, train, appoint, and evaluate attorneys for capital clients. Specifies standards for qualifications and performance for the lead counsel and co-counsel at the trial or sentencing stage and at the appellate, collateral, or certiorari stage. Provides for payment of appointed attorneys from the private bar and for relief and procedural exceptions where a State fails to provide qualified counsel in capital cases. Eliminates exceptions to the dismissal of any claim for habeas corpus relief where the petitioner has failed to exhaust available and effective State court remedies. Title XIV: Prisons - Directs Federal Prison Industries (FPI) to study and report to the Congress on new areas of business growth. Amends the Federal criminal code to require Federal agencies to report to the General Services Administration on all products and services acquired from FPI. Provides that such information shall be entered in the Federal Procurement Data System. Requires FPI to publish and periodically update a catalog of all products and services it offers for sale. Removes the limit on the amount of time a prisoner may spend in pre-release custody. Requires the Bureau of Prisons to make substance abuse treatment available for prisoners. Title XV: Criminal Aliens - Amends the Immigration and Nationality Act to revise the definition of aggravated felony to include illicit trafficking in controlled substances. Grants Immigration and Naturalization Service (INS) officers the power to make arrests for any offense against the United States. Directs the Commissioner of Immigration and Naturalization to provide for the fingerprinting and photographing of each alien 14 or over against whom a deportation proceeding is commenced. Revises the condition for an alien's release from custody pending determination of deportability. Declares that any judicial recommendations against deportation shall not be taken into account in a deportation proceeding in determining the number of convictions for crimes involving moral turpitude. Repeals a proviso indicating that a written request from a prosecutor or judge obliges the Attorney General to deport an alien before his or her release from the correctional institution where he or she is confined. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require States, as a condition for receiving drug control and system improvement grants, to provide INS without fee the certified conviction records of aliens convicted of violating State criminal laws. Provides for deportation for attempted violations of controlled substances laws. Revises the definition of good moral character to exclude persons convicted of an aggravated felony (not just, as current law provides, the crime of murder). Requires the Attorney General to report to the Congress on the efforts of INS to apprehend, detain, and remove from the United States aliens convicted of crimes in the United States. Directs the Attorney General to include in such report a plan for the prompt removal from the United States of criminal aliens who are subject to exclusion or deportation. Title XVI: Shock Incarceration - Amends the Federal criminal code to authorize the Bureau of Prisons to place in a shock incarceration program any person who is sentenced to a term of imprisonment of 12 to 30 months, if such person consents. Requires an inmate in such program, for up to six months of initial imprisonment, to: (1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and (2) participate in appropriate educational, drug, and other counseling programs. Specifies that an inmate who has successfully completed the required period of shock incarceration shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required) and under such conditions as the Bureau deems appropriate. Authorizes appropriations. Title XVII: Public Safety Officers' Death Benefits - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Bureau of Justice Assistance to pay a disability benefit to a public safety officer permanently and totally disabled as a result of an injury sustained in the line of duty. Prohibits the payment of: (1) death benefits to officers who receive disability benefits; and (2) disability benefits to officers who receive death benefits. Applies specified limitations on death benefits to disability benefits. Title XVIII: Racially Discriminatory Capital Sentencing - Amends the Federal judicial code to prohibit the execution of a death sentence under State or Federal law that was imposed on the basis of race, color, or national origin of the defendant or the victim. Establishes a prima facie case that a sentence was based on such factors where statistics prove that death sentences are being imposed disproportionately on members of one race. Authorizes the prosecution to rebut a prima facie showing by establishing that identifiable and pertinent nonracial factors explain the racially discriminatory pattern or that the sentence does not fall within such pattern. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and make public pertinent data on the charging, disposition, and sentencing results for all capital crime cases. Sets forth conditions under which a determination on the merits of a factual issue made by a State court with respect to racially discriminatory capital sentencing claims shall be presumed to be correct. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims. Title XIX: Intoxication and Restitution - Amends the Federal bankruptcy code to prohibit the discharge of debt arising from death or personal injury caused by the debtor while driving intoxicated. Prohibits the discharge of debts arising from restitution imposed for committing a crime.

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8 official files

• Reported in House (text)

  Reported in House · EN

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• Reported in House (text)

  Reported in House · EN

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

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• Engrossed Amendment Senate (text)

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• Passed Senate amended

  summary · EN · 23 October 1990

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• Introduced in House

  summary · EN · 13 July 1990

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