Criminal Code Reform Act of 1979

Summary

Criminal Code Reform Act of 1979 - Title I: Codification, Revision, and Reform of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following parts: (1) general provisions and principles; (2) offenses; (3) sentences; and (4) administration and procedure. Part I - General Provisions and Principles - Sets forth the general purpose and application of title 18, general principles of criminal liability, a provision concerning the unimpairment of civil remedies, and 110 general definitions. Provides that the provisions of title 18 shall be construed in accordance with the fair import of their terms to effectuate its general purposes, particularly to assure definition and notice of the conduct prohibited in accordance with the rule of strict construction as applied by the Federal courts. Defines Federal jurisdiction as including the general, special (territorial, maritime, and aircraft), and extraterritorial jurisdiction of the United States. States that the existence of Federal jurisdiction is not an element of an offense, but allows the separate sections describing offenses to include jurisdictional subsections. Directs Federal law enforcement officers, in determining whether to exercise jurisdiction concurrently with a State, to consider: (1) the relative gravity of the Federal offense and the State or local offense; (2) the relative interest in Federal investigation or prosecution; (3) the resources available to the Federal, State, and local authorities; (4) the traditional role of such authorities with respect to the offense; (5) the interests of federalism; and (6) other relevant factors. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 79 to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Requires a state of mind to be proved with respect to each element of an offense, unless such element is specified as existing or occurring "in fact". Specifies matters of law requiring no proof of state of mind, including jurisdiction, venue, grading, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal in a separate trial because of insufficient evidence not occasioned by a suppression order is a bar to prosecution). Provides that a coconspirator is liable for the reasonably foreseeable criminal conduct of another person (the "Pinkerton doctrine"). States as a general principle that bars to prosecution and defenses or affirmative defenses (including mistake of fact or law, insanity, intoxication, duress, exercise of public authority, protection of persons or property, unlawful entrapment, and official misstatement of law) under any Federal statute shall be determined by the Federal courts in accordance with common law. Provides for a general statute of limitations of: (1) five years for a felony or misdemeanor; (2) one year for an infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Makes it a bar to prosecution that the defendant was less than 16 years old at the time of the commission of the offense, except with respect to the offenses of murder, maiming, aggravated battery, kidnapping, aircraft hijacking, and rape (under current law such age bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by 10 or more years of imprisonment). Part II - Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) offenses of general applicability, including criminal attempt, conspiracy, and solicitation; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government processes, including general obstructions of government functions, law enforcement obstructions, obstructions of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving taxation, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, hijacking offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, burglary and other criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, commercial bribery and related offenses, and investment, monetary, and antitrust offenses; and (9) offenses involving public order, safety, health, and welfare, including organized crime offenses, drug offenses, explosives and firearms offenses, riot offenses, gambling, obscenity, and prostitution offenses, public health offenses, and violating State or local law in a place within the special jurisdiction of the U.S. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction; and (2) levels of fines according to the type of offense and type of defendant (individual or organization). Includes among new Federal crimes: (1) criminal attempt and criminal solicitation (but makes such offenses inapplicable to specified crimes); (2) engaging in para-military activity for the purpose of taking over a Federal or State government agency; (3) conspiring in the U.S. to kill, maim, or kidnap a foreign official (current law prohibits a conspiracy to commit certain acts of sabotage or property destruction in foreign countries with which the U.S. is at peace); (4) obstructing a government function by fraud or by physical interference (current law prohibits conspiring to defraud the government); (5) false swearing; (6) speculating on official action or information; (7) a series of offenses covering election fraud, including engaging in any criminal conduct for the purpose of influencing an election; (8) possession of an eavesdropping device with intent that it be used unlawfully; (9) engaging in conduct which endangers the life of another; (10) restraint of a minor child by a parent or guardian in violation of any person's right to custody or visitation; (11) possession of burglar's tools; (12) trafficking in stolen property; (13) consumer fraud; and (14) operating a racketeering syndicate. Revises numerous offenses, including the following changes with respect to: (1) impairing military effectiveness, limits such offense to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired; (2) criminal contempt, (A) adds a defense based on the invalidity of a judicial order, and (B) imposes a maximum prison sentence of six months and a fine of $10,000 for an individual and $100,000 for an organization (current law imposes no such limits); (3) obstruction of justice, details prohibited activities with respect to tampering with a witness or an informant; (4) bail jumping, (A) includes failure to surrender for service of sentence pursuant to a court order, (B) applies such offense to juvenile delinquency cases, and (C) varies the penalties according to the category of offense; and (5) making a false statement, (A) consolidates numerous false statement statutes under current law, (B) makes an oral false statement to a government official an offense only where the statement is volunteered or after the person has been advised that making such a statement is an offense, and (C) adds retraction as an affirmative defense. Revises additional offenses, including the following changes with respect to: (1) tax evasion, eliminates the net tax deficiency requirement (thus allowing prosecution even where no tax is actually due); (2) civil rights, (A) includes all "persons" (current law protects "citizens"), (B) allows for a single offender (current law requires a conspiracy), (C) eliminates the requirement ( Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of his federally protected rights, and (D) prohibits discrimination based on sex (current law includes race, color, religion, or national origin); (3) intercepting correspondence, broadens the scope to include additional forms of communication (current law protects against the interception of mail); (4) sex offenses, (A) applies such offenses without distinction as to the sex of the offender or victim; (B) redefines "rape" to include additional acts; (C) revises the offense of sexual assault to add the act of compelling a person to participate by threat or placing such person in fear; (D) makes punishable the rape of one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (E) provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and adds as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years); and (F) expressly provides that corroboration of the victim's testimony is not required; (5) theft, consolidates numerous theft statutes under current law; and (6) extortion, (A) replaces the Hobbs Act to eliminate language which allows a defendant to purport to have a legitimate claim to the property allegedly extorted, and (B) adds a new proof provision that the pendency of a labor dispute does not constitute prima facie evidence that property was obtained by the prohibited conduct. Revises additional offenses, including the following changes with respect to: (1) washing racketeering proceeds, broadens its application; (2) loansharking, adds as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion); (3) drug offenses, (A) increases the penalty for simple possession of 100 grams or more of an opiate, (B) makes possession of 30 grams (approximately one ounce) or less of marihuana an infraction, (C) imposes a mandatory two-year minimum sentence for trafficking in an opiate unless the court finds specified mitigating circumstances, and (D) eliminates the current provision allowing for a doubling of the penalty for repeat offenders; (4) using a weapon in the course of a crime, imposes a mandatory two-year minimum sentence unless the court finds specified mitigating circumstances; (5) riot offenses, narrows the applicability by (A) requiring the actual occurrence of a riot for the offense of leading a riot, and (B) defining "riot" as involving ten or more persons (three in current law); (6) obscenity, (A) conforms the definition of "obscene material" to Supreme Court decisions, and (B) prohibits the dissemination of obscene material to a minor or to any person where there is no opportunity to avoid such exposure (but adds as an affirmative defense in the latter case that the material was legal in the locality where disseminated); and (7) prostitution, prohibits the direct or indirect operation of a "prostitution business" (but adds as a defense that such business was legal in the localities in which it was conducted). Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); and (3) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Part III - Sentences - Sets 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 and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes; (2) an order of notice to victims in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage or other loss. Permits an organization to receive such penalties, with the exception of imprisonment. Authorizes a sentencing court to: (1) order a presentence study of a defendant, either before or after receipt of the presentence report and commit the defendant to the custody of the Bureau of Prisons pending receipt of such a study; or (2) order a presentence psychiatric examination of a defendant. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to: (A) deter similar conduct, (B) protect the public, (C) reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense, and (D) provide the defendant needed training; (3) the kinds of sentences available; (4) the applicable sentencing range set forth in guidelines promulgated by the United States Sentencing Commission (established by this Act); (5) any pertinent policy statement issued by the Commission; and (6) the need to avoid sentencing disparities among the defendants who have been found guilty of similar criminal conduct. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately taken into consideration by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the specific reason for the imposition of a sentence outside of such range. Authorizes the imposition of a term of probation, unless such sentence is specifically prohibited, with respect to all but the most serious class of felonies. Lists permissible terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions of probation. Sets forth provisions relative to the running of a term of probation and revocation of probation. Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Directs the court, in determining the amount of a fine and the method of payment, to consider the defendant's financial status. Prohibits the court from imposing a sentence as an alternative to payment of a fine. Details procedures for the modification or remission of a fine. Sets maximum terms of imprisonment for five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a term of imprisonment in excess of one year, to include as part of such sentence a requirement that the defendant be placed on a term of supervised release after imprisonment. Requires as a mandatory condition of release that a defendant not commit another crime. Specifies discretionary conditions of release. Prescribes guidelines relative to concurrent and consecutive terms. Part IV - Administration and Procedure - Designates which Federal agency is to have primary responsibility for detecting and investigating the commission of offenses under Federal law. Defines the law enforcement authority of certain officials and employees of the following departments and agencies: (1) Federal Bureau of Investigation; (2) Drug Enforcement Administration; (3) United States Marshals Service; (4) Bureau of Prisons; (5) Immigration and Naturalization Service; (6) Department of the Treasury; (7) Department of the Interior; (8) Department of Agriculture; (9) Postal Service; and (10) United States Probation System. Restates the procedural requirements for governmental interception of private oral communications (current law, title III of the Omnibus Crime Control and Safe Streets Act of 1968, is generally left unchanged). Permits interception with respect to certain crimes not presently covered, such as criminal solicitation of specified offenses and aircraft hijacking. Restricts interception of communications without a court order to emergency situations involving the offenses of treason, sabotage, espionage, or a risk of death (current law limits it to conspiracies involving national security or organized crime). Restates the procedural requirements with respect to the compulsion of testimony after a refusal to testify on the ground of self-incrimination (current law, set forth in the Organized Crime Control Act of 1970, is generally left unchanged). Makes certain revisions in the authority of the Attorney General to protect government witnesses and their families. Consolidates into one provision current law authorizing rewards for the apprehension of offenders. Enacts into law the existing Interstate Agreement on Detainers. Limits the capacity of the United States as a "receiving state" for the purposes of such agreement. Restates the procedural requirements with respect to the rendition of a fugitive. Amends provisions relating to extradition (the surrender of fugitives between the United States and foreign countries). Prohibits extradition of a person convicted in absentia unless assurances are made that proceedings will be reopened or unless the person fled after having been present when his trial commenced. Details new procedures for the arrest and detention of persons who have committed extraditable offenses. States that extraditability shall be found in an appropriate hearing only upon proof of certain facts, including: (1) a treaty covering the offense involved is in effect; (2) the pending criminal charge against the person sought, or the prosecution for the offense of which he was convicted, was brought within any applicable statute of limitations; and (3) probable cause that the person sought and the person arrested are identical and that the person sought has committed or has been convicted of the alleged offense. Permits hearsay to be admitted in extradition hearings. Prescribes standards and procedures for waiver of extradition hearings and for appeal of a judgment issued in such a hearing. Extends the criminal jurisdiction of United States magistrates to include the trial of all misdemeanors. Allows a defendant or the government to elect to have a case involving a class A misdemeanor tried before a district court judge. Allows the government attorney to petition the district court for removal of a case pending before a magistrate when characteristics of the case warrant such removal. Authorizes appeal to the district court by a defendant convicted by a magistrate. Sets forth the rules respecting venue for an offense committed in more than one district, committed outside of any district, or committed in a new district or division (current law is generally left unchanged). Limits the prosecution of the offense of disseminating obscene material to the district from which the material was disseminated or in which the offense was completed (current law allows such prosecution in any district through which the material moves). Restates the procedural requirements for the appointment of counsel in criminal cases. Increases the maximum compensation rates for such services. Restates the procedural requirements with respect to release and confinement pending judicial proceedings (current law, the Bail Reform Act of 1966, as amended, is generally left unchanged). Sets forth the procedural requirements with respect to the disposition of juvenile offenders. Eliminates, with respect to the surrendering of a juvenile charged with a class B or C misdemeanor or an infraction committed within the special territorial jurisdiction of the U.S. to State authorities, the certification requirement. Permits Federal prosecution of a juvenile charged with a felony if there is a special interest warranting such prosecution, even though State jurisdiction exists and the appropriate State has adequate juvenile services. Specifies guidelines for surrender to State authorities of persons aged 18-21 who are arrested and charged with a Federal offense. Establishes the procedures for the arrest, detention, and pretrial release of juveniles (current law, the Federal Juvenile Delinquency Act, amended by the Juvenile Justice and Delinquency Prevention Act of 1974, is generally continued). Creates an intake screening procedure for juveniles, through which a probation officer reviews the case and background and characteristics of the juvenile, and makes a recommendation to the Government attorney concerning the disposition of, or mode of proceeding with, the case. Revises the procedures to be followed by Federal courts with respect to an offender suffering from a mental disease or defect. Limits to four months (subject to a two month extension) the period for which a defendant who has been found incompetent to stand trial may be hospitalized by the Attorney General. Requires that such defendant be released after the applicable time limits upon a determination by the court by a preponderance of the evidence that such release would not create a substantial risk of serious injury to another person or serious damage to property. Allows a defendant who has raised the issue of insanity pursuant to Rule 12.2 of the Federal Rules of Criminal Procedure to be found not guilty by reason of insanity. Establishes a new procedure for the civil commitment of any such defendant where, after the requisite hearing, the court finds by clear and convincing evidence that the acquitted person's release would create a substantial risk or serious bodily injury to another person or serious damage to property. Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment. Requires the court to commit the defendant to the Attorney General for hospitalization where it is of the opinion that such defendant is suffering from a mental disease or defect necessitating such care. Sets forth procedures for the hospitalization of an imprisoned person due for release who suffers from mental disease or defect. Provides that the Supreme Court's amendments to the Federal Rules of Criminal Procedure shall become effective 180 days after they have been reported to Congress (90 days under current law). Restates the rules respecting the admissibility of confessions and the admissibility of evidence in sentencing proceedings (current law is generally left unchanged). Permits in a felony or class A misdemeanor case, unless contrary to a plea agreement, a defendant to appeal a sentence greater than the maximum allowed under the Sentencing Commission's guidelines which are found by the sentencing court to be applicable, and the Government to appeal a sentence less than the applicable minimum. Authorizes the court of appeals, upon a determination that the sentence is unreasonable, to remand the case for further sentencing proceedings, or (where the defendant has appealed) to remand for imposition of a lesser sentence or impose a lesser sentence, or (where the Government has appealed) to remand for imposition of a greater sentence or impose a greater sentence. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Adds a new expungement provision with respect to the offense of possessing marihuana, which requires the court to order expungement after the payment of a fine in a case involving 30 grams or less of marihuana and allows the court to order expungement after the payment of a fine in a case involving more than 30 grams. Requires fines paid to the clerk of the sentencing court to be forwarded to the United States Treasury for credit to the Victim Compensation Fund established by this Act. Treates criminal fine judgments as tax liens (thus making available the summary collection procedures used by the Internal Revenue Service). Expands the enforcement powers of the Department of Justice in collecting unpaid fines. Sets forth rules regarding the imprisonment of Federal prisoners. Places custody of such prisoners in the Bureau of Prisons, rather than the Attorney General. Adds a new provision permitting the temporary release of a prisoner to participate in an educational program. Eliminates: (1) the requirement in current law that when a prisoner works in the community, local unions be consulted; and (2) the provision barring work release when other workers might be displaced. Revises provisions with respect to good time allowances to allow a prisoner who is serving a term of imprisonment of more than one year to receive 36 days at the end of each year of imprisonment, such credit to vest upon its receipt. Adds a new requirement that the Bureau of Prisons assure to the extent practicable that a prisoner spends a reasonable part (not to exceed six months) of the last ten percent of the term to be served under conditions affording such person a reasonable opportunity to prepare for re-entry into the community. Makes the Administrative Procedures Act inapplicable to any of the imprisonment procedures. Part V - Ancillary Civil Proceedings - Consolidates and enumerates 23 offenses for which the Attorney General may initiate civil forfeiture proceedings, including criminal infringement of a copyright and trafficking in contraband cigarettes. Directs the Attorney General to establish procedures to turn over to the victim proceeds forfeited for the offenses of executing a fraudulent scheme and consumer fraud. Restates the authority of the Attorney General to initiate civil proceedings to restrain certain racketeering offenses (current law, the Organized Crime Control Act of 1970, is generally left unchanged). Authorizes the Attorney General to enjoin a practice that constitutes or could constitute a fraudulent scheme or consumer fraud. Prohibits a Federal agency from denying a person employment solely on the basis of a conviction under Federal or State law, with specified exceptions. Carries forward current law which authorizes private civil actions for damages as the result of the following offenses: operating a racketeering syndicate, racketeering, washing racketeering proceeds, and eavesdropping. Establishes in the Treasury a Victim of Compensation Fund from which victims of Federal offenses against the person or their surviving dependents may be compensated (up to a $50,000 maximum per victim per offense) upon filing a claim with the United States Victim Compensation Board established by this Act. Conditions compensation upon: (1) the offense having been reported to al law enforcement officer within 72 hours; (2) the claim being filed within one year of the offense; and (3) the claimant sustaining a certain minimum loss. Title II: Amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Evidence - Amends Rule 5 to require that a defendant who is not accorded a preliminary examination within the applicable time limits be released from custody, bail requirements, or other conditions of release. Adds a new Rule 6.1 which generally carries forward current law regarding special grand juries (title I of the Organized Crime Control Act of 1970). Revises the reporting requirements with respect to such special grand jury to: (1) eliminate the requirement that a report on noncriminal misconduct, malfeasance, or misfeasance in office be based upon "organized criminal activity" and the requirement that the public official involved have been "appointed"; (2) allow the jury to report that it has found misconduct, malfeasance, or misfeasance by an individual in public office, when such person requests such report; and (3) allow the jury to recommend legislative, administrative, or executive action in the public interest. Amends Rule 7 to require that the indictment or information allege the grade of the offense charged and contain a citation of the particular jurisdictional provision alleged to be applicable, where Federal jurisdiction over the offense exists only under specified circumstances. Amends Rule 8 to make joinder of offenses applicable to the new category of "infractions". Amends Rule 9 to require that a summons, rather than arrest warrant, be used where the offense consists solely of possessing drugs. Revises the procedure for service of a summons to a corporation. Adds a new Rule 25.1 dealing with proof of offenses, defenses, affirmative defenses, grading, and jurisdiction, and the consequences of prima facie evidence and presumptions. Requires the Government to prove beyond a reasonable doubt the nonexistence of a defense which a defendant raises at trial, where there is sufficient evidence to support a reasonable belief as to its existence. Requires the defendant to prove by a preponderance of the evidence affirmative defenses. Requires the court to decide the issue of the existence of Federal jurisdiction over the offense, unless, in a jury trial, the defendant elects before trial to have the issued decided by the jury. Requires the Government to prove beyond a reasonable doubt the existence of Federal jurisdiction. Adds a new Rule 26.1 dealing with the statements of witnesses, which generally conforms to existing law (existing Rule 26.1 (concerning the determination of foreign law) is renumbered as Rule 27, replacing existing Rule 27 (concerning proof of official record) which is repealed). Amends Rule 32 to conform the procedure for revocation of probation to recent Supreme Court decisions. Title III: Amendments to Title 28, United States Code - Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Requires the Bureau to: (1) collect information concerning offenders, sentencing practices, and correctional programs; and (2) provide training for its officers, officials, and employees. Permits the Bureau to review applications for Federal or State grants-in-aid or technical assistance. Allows an employee of a Federal correctional facility to summarily seize any object introduced into such facility or possessed by an inmate in violation of rules or regulations promulgated by the Director. Authorizes the Bureau to provide specialized programs for classes of offenders (current law authorizes specified treatment only for narcotic addicts or youth offenders). Retains the National Institute of Corrections in the Bureau, and increases from 16 to 17 the membership of its Advisory Board. Makes Administrative Procedures Act inapplicable to Bureau of Prison procedures. Retains the Advisory Corrections Council and continues the Federal Prison Industries. Establishes the United States Victim Compensation Board to administer the victim compensation program created by this Act. Establishes as an independent body in the judicial branch a seven-member United States Sentencing Commission to establish sentencing policies and practices for the Federal criminal justice system. Directs the President to: (1) appoint three members after consultation with the Judicial Conference of the U.S.; and (2) designate four members from a list of seven judges recommended by the Conference. Directs the Commission, by affirmative vote of at least four members, to promulgate guidelines and general policy statements for use by a sentencing court. Enumerates the duties of the Commission with respect to such guidelines and statements, including that: (1) the maximum of the range established for a term of imprisonment not exceed the minimum of such range by more than 25 percent; (2) they reflect the inappropriateness of imposing a term of imprisonment for the purpose of rehabilitating the defendant and the appropriateness of imposing incremental penalties for the commission of multiple offenses at different times; (3) the Commission review the guidelines after consultation with various authorities; and (4) the guidelines be reported to Congress by May 1st after the beginning of a regular session and become effective 180 days later, subject to disapproval or modification by Act of Congress. Enumerates the powers of the Commission. Sets forth provisions requiring the enforcement by State authorities of child custody determinations made by a court of another State. Title IV: General Provisions - Sets forth general provisions, including that this Act shall take effect, with specified exceptions, two years after the date of enactment. Title V: Technical and Conforming Amendments Cross-Referenced in Title 18 - Makes technical and conforming amendments. Revises the oath which must be submitted by an absentee buyer seeking to purchase a firearm from a licensed importer, manufacturer, or dealer. Reenacts, with certain revisions, provisions regarding jurisdiction over offenses committed in Indian country which are not included in the recodification. Confers jurisdiction on Kansas, Iowa, and New York with regard to offenses committed by or against Indians on Indian reservations. Amends title IV of the Social Security Act (Aid to Families with Dependent Children) to require that the Parent Locator Service obtain information to be used to locate a parent or child for the purpose of making or enforcing child custody determinations. Title VI: Codification and Revision of Title 18 Appendix Reenactment and Redesignation of Former Sections of Title 18 - Transfers certain offenses contained in current title 18 to a new title 18 Appendix. Title VII: Technical and Conforming Amendments to Provisions Outside Title 18 and Title 18 Appendix - Makes technical and conforming amendments.

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• Reported to Senate with amendment(s)

  summary · EN · 17 January 1980

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• Introduced in Senate

  summary · EN · 7 September 1979

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