Crime Prevention Act of 1995

Summary

TABLE OF CONTENTS: Title I: Prison Litigation Reform Title II: Prisons Title III: Equal Protection for Victims Title IV: Domestic Violence Title V: Firearms Title VI: Exclusionary Rule Title VII: Federal Death Penalty Title VIII: Habeas Corpus Title IX: Criminal Alien Deportation Improvements Title X: Gangs, Juveniles, and Drugs Title XI: Public Corruption Title XII: Administrative Subpoena Title XIII: Computer Crimes Title XIV: Computer Software Piracy Title XV: Internet Gambling Crime Prevention Act of 1995 - Title I: Prison Litigation Reform - Revises provisions of the Civil Rights of Institutionalized Persons Act to prohibit any action from being brought with respect to prison conditions by a prisoner until such administrative remedies as are available are exhausted. Specifies that the failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action. Directs the court, if satisfied that the action is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, to dismiss any such action and authorizes the court to dismiss the underlying claim without first requiring the exhaustion of administrative remedies. Sets forth provisions regarding: (1) limits on recovery; (2) hearing location; and (3) waiver of reply. (Sec. 102) Amends the Federal judicial code to require: (1) a prisoner of a Federal, State, or local institution seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security, to submit a certified copy of the prisoner's trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal; and (2) a prisoner who brings a civil action or files an appeal in forma pauperis to pay the full amount of a filing fee (and directs the court to assess, and, when funds exist, to collect as a partial payment of any court fees required by law an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for such six-month period). Sets forth similar provisions regarding the payment of costs by the prisoner. Revises provisions regarding the appointment of counsel in forma pauperis proceedings to require the court to dismiss the case at any time if the allegation of poverty is untrue or if the action or appeal is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Makes an exception to the discharge of debt in a bankruptcy proceeding for a fee imposed by a court for the filing of a case, motion, complaint, or appeal or for other costs and expenses assessed with respect to such filing, regardless of an assertion of poverty by the debtor or the debtor's status as a prisoner. Sets forth provisions regarding: (1) the payment of costs; (2) successive claims; and (3) judicial screening of complaints in civil actions brought by prisoners against governmental entities. (Sec. 104) Prohibits any person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence from bringing a civil action against the United States or a Government employee for mental or emotional injury suffered while in custody without a prior showing of physical injury. (Sec. 105) Requires that, prior to payment to the prisoner: (1) any compensatory damages awarded to a prisoner in connection with a civil action brought against any Federal, State, or local correctional facility or agent thereof be paid directly to satisfy any pending outstanding restitution orders; and (2) reasonable efforts be made to notify the prisoner's victims concerning the pending payment of any such damages. (Sec. 107) Authorizes the court to revoke earned release credit under specified circumstances. Amends the Federal criminal code to: (1) direct the Bureau of Prisons, in awarding credit toward service of sentence for satisfactory behavior, to consider whether the prisoner has earned or is making satisfactory progress toward earning a high school diploma or an equivalent degree; and (2) provide that credit awarded after the date of this Act's enactment shall vest on the date the prisoner is released from custody. Title II: Prisons - Amends the Federal criminal code to authorize the court, in any civil action in Federal court regarding prison conditions, to appoint a special master to conduct hearings and prepare proposed findings of fact during a sufficiently complex remedial phase, subject to specified requirements. Sets forth provisions regarding: (1) the process of, an interlocutory appeal of, and review of such appointment; (2) compensation for a special master; and (3) limits on a special master's powers and duties. Title III: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 404 of the Federal Rules of Evidence (FRE) to allow the prosecution to introduce evidence of a pertinent character trait of the accused if the accused offers evidence of a pertinent character trait of the victim; and (3) rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and to determine if the victim wishes to make a statement or present information in relation to the sentence. (Sec. 304) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 305) Amends the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes. Amends the Federal judicial code regarding balance in the composition of rules committees. Title IV: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 402) Amends FRE: (1) 404 to allow the use of evidence of other crimes, wrongs, or acts as proof of a defendant's disposition toward a particular victim; and (2) 702 to allow testimony concerning the behavior and mental or emotional conditions of victims to explain a victim's failure or delay in reporting an offense, recantation of an accusation, or failure to cooperate in the investigation or prosecution. (Sec. 404) Amends the Federal criminal code to require: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; and (2) the United States Sentencing Commission (Commission) to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he or she was infected with HIV, with exceptions. Revises: (1) the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, if appropriate; and (2) requirements to be met by the victim to obtain an order for such test. Title V: Firearms - Imposes the following minimum penalties: (1) ten years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) 20 years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 502) Provides mandatory penalties for firearms possession by persons with one (five years' imprisonment) or two (ten years' imprisonment) prior convictions for violent felonies or serious drug offenses. (Sec. 503) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 504) Prohibits possession of an explosive during the commission of a felony. (Sec. 505) Doubles the penalty for a second offense of using an explosive to commit a felony. Title VI: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence that is otherwise excludable shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the statute, administrative rule or regulation, or rule of procedure the violation of which occasioned its being excludable. Title VII: Federal Death Penalty - Revises Federal death penalty standards and procedures, including requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) during and in relation to the commission of the offense, or in escaping or attempting to escape apprehension, used or possessed a firearm; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year, involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied on in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. (Sec. 702) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 703) Sets forth provisions regarding: (1) limits on filing motions for collateral attack on a judgment imposing a sentence of death; (2) stays of execution; and (3) finality of a decision on review. (Sec. 704) Provides for imposition of the death penalty for: (1) murders committed with firearms; and (2) murders committed in the District of Columbia. Title VIII: Habeas Corpus - Amends the Federal judicial code to prohibit an application for a writ of habeas corpus on behalf of a person in custody pursuant to a judgment or order of a State court from being entertained by a judge or a court of the United States unless the remedies in the courts of the State are inadequate or ineffective to test the legality of the person's detention. Title IX: Criminal Alien Deportation Improvements - Amends the Immigration and Nationality Act (INA) to expand the definition of "aggravated felony." (Sec. 902) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 903) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 904) Limits collateral attacks on deportation orders. (Sec. 905) Amends the VCCLEA to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 906) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. (Sec. 907) Amends the INA to expand the criteria for deportation for crimes of moral turpitude. (Sec. 908) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 909) Directs the Attorney General to designate a Department of Justice (DOJ) office which shall provide States and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 910) States that the Congress advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 911) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 912) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title X: Gangs, Juveniles, and Drugs - Amends the Federal criminal code to make it unlawful to: (1) commit specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such gang; (2) participate in, or induce another to participate in, a gang; (3) employ any individual to commit or facilitate the commission of a predicate gang crime with such intent; or (4) use any communication facility in causing or facilitating the commission of such an offense with such intent. Sets penalties for such offenses. Provides for forfeiture of proceeds obtained from, and property used to commit, the violation. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the Commission to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a criminal street gang. (Sec. 1002) Treats serious juvenile drug offenses as predicate offenses for purposes of the Armed Career Criminal Act. (Sec. 1003) Permits adult prosecution down to age 13 of juvenile offenders who commit serious violent felonies. Creates a presumption in favor of adult prosecution for such offenders who are 15 or older. (Sec. 1004) Amends the CSA to increase to three years the mandatory minimum penalties for a recidivist who distributes drugs to a minor or uses a minor in trafficking. (Sec. 1005) Revises procedures under the Federal criminal code regarding the use of records of crimes committed by juveniles, including the repeal of special probation and expungement procedures for drug possessors. (Sec. 1006) Sets penalties for drive-by shootings. (Sec. 1007) Amends the CSA to set penalties for physical trainers or advisers who attempt to get others to use steroids. (Sec. 1008) Adds hair analysis to the permissible forms of drug testing. Title XI: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 1102) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 1103) Sets forth prohibitions regarding narcotics-related public corruption. Title XII: Administrative Subpoena - Grants the United States Secret Service administrative summons authority. Sets forth provisions regarding: (1) grounds for issuance; (2) the form of the summons; (3) service of process; and (4) place of service. Authorizes a U.S. district court judge for the district in which an investigation is pending to issue an ex parte order prohibiting any person served with such a summons from disclosing the existence of the summons for up to 180 days upon a showing that the materials being sought may be relevant to a legitimate law enforcement or protective intelligence inquiry and that there is reason to believe that such disclosure may result in endangerment to the life or physical safety of any person. Permits renewal for additional periods. Sets forth: (1) penalties for disclosure, with exceptions; and (2) enforcement provisions. Title XIII: Computer Crimes - Amends the Computer Fraud and Abuse Act to penalize individuals who knowingly access a computer without authorization or exceeding authorized access and obtain: (1) certain restricted data or information (data) and, with reason to believe that such data could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicate, deliver, or transmit such data to any person not entitled to receive it or willfully retain and fail to deliver it to the U.S. officer or employee entitled to receive it; (2) information from any U.S. department or agency (department); or (3) information from any protected computer if the conduct involved an interstate or foreign communication. (Sec. 1303) Modifies such Act to penalize persons who intentionally, without authorization, access any computer of a U.S. department: (1) where such computer is exclusively for the use of the Government; or (2) where such conduct affects use by or for the Government. (Sec. 1304) Increases penalties for: (1) significant unauthorized use of a computer system; and (2) those who have previously violated such Act. (Sec. 1305) Modifies such Act to penalize individuals who, without authorization, intentionally or recklessly cause damage to a protected computer. (Sec. 1306) Makes unlawful the transmission in interstate or foreign commerce of threats directed against computers and computer networks with intent to extort any thing of value. (Sec. 1308) Revises such Act to limit damages to economic damages where the violation causes a loss of $1,000 or more during any one-year period (but sets no limit where damages are imposed for violations that modified or impaired, or potentially modified or impaired, the medical examination, diagnosis, or treatment of a person). (Sec. 1309) Repeals a requirement that the Attorney General and the Secretary of the Treasury report annually to the Congress concerning specified computer crime investigations and prosecutions. (Sec. 1310) Directs the Commission to review existing sentencing guideline levels for fraud and related activity in connection with computers and to amend such guidelines to ensure that individuals convicted of specified offenses under such Act are incarcerated for at least one year. (Sec. 1311) Provides for asset forfeiture for fraud and related activity in connection with computers. Title XIV: Computer Software Piracy - Amends Federal copyright law to set penalties for willfully infringing a copyright by the malicious reproduction, distribution, or transmission (or assisting others in such activity) of one or more copies of one or more copyrighted works with a total market value of at least $5,000. (Sec. 1402) Revises Federal criminal code provisions regarding criminal infringement of a copyright to penalize individuals who commit an offense consisting of the reproduction or distribution of at least ten copies or phonorecords, or one or more copyrighted works, with a retail value of not less than $5,000. Directs the court, in imposing a sentence on a person convicted of such an offense, to order that the person forfeit to the United States any property used or intended to be used to commit or promote the commission of such offense. Title XV: Internet Gambling - Modifies Federal criminal code provisions regarding the transmission of wagering information (wagering provisions) to set penalties for anyone (not just those in the business of gambling) engaged in betting or wagering who knowingly uses a wire or electronic communication facility for the transmission in interstate or foreign commerce of bets, wagers, or information assisting in the placing of bets or wagers (bets), or for the transmission of such a communication which entitles the recipient to receive money or credit as a result of bets. Directs the court, in imposing a sentence for transmitting wagering information, to order that the defendant forfeit to the United States for deposit in a DOJ account any property (including hardware and software) involved in the offense and any property traceable to gross profits or other proceeds obtained from the offense. (Sec. 1502) Directs the Commission to: (1) review the deterrent effect of existing guidelines applicable to the wagering provisions and report to the Congress; and (2) amend or promulgate guidelines to ensure that individuals convicted under such provisions are imprisoned for not less than one year. (Sec. 1503) Requires the Attorney General to submit a report to the Congress that includes: (1) an analysis of the problems associated with enforcing the wagering provisions; (2) recommendations for the best use of the resources of DOJ and the Federal Communications Commission to enforce such provisions; and (3) an estimate of the amount of activity and money being used to gamble on the Internet.

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Timeline

1. 21 December 1995

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 21 December 1995

   Introduced

   Sponsor introductory remarks on measure. (CR S19113-19117)

   Source: IntroReferral

3. 21 December 1995

   Introduced

   Introduced in Senate

   Source: IntroReferral

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Versions

• Introduced in Senate · 21 December 1995 · Official file

Documents

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• Introduced in Senate (text)

  Introduced in Senate · EN · 21 December 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 21 December 1995

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• Introduced in Senate

  summary · EN · 21 December 1995

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Sponsors

• Rep. Kyl, Jon [R-AZ-4] · R · Sponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
• Rep. DeWine, Mike [R-OH-7] · R · Sponsor
• · ssju00 · Standing

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