Crime Control Act of 1995

Summary

Crime Control Act of 1995 - Amends the Federal criminal code to set mandatory minimum penalties for first, second, and subsequent convictions for knowingly possessing or discharging a firearm that has been moved at any time in interstate or foreign commerce during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in a court of any State. Prohibits: (1) a court from placing on probation or suspending the sentence of any person convicted of a violation of such provision or from imposing a term of imprisonment to run concurrently with any other term of imprisonment; and (2) the release of any person sentenced under such provision for any reason during the term imposed. Specifies that a person shall be considered to be in possession of a firearm if, in the case of: (1) a crime of violence, the person touches a firearm at the scene of the crime at any time during the commission of the crime; and (2) a drug trafficking crime, the person has a firearm readily available at the scene of the crime. Specifies an exception for persons who may be found to have committed a criminal act while acting in defense of person or property during the course of a crime being committed by another person. Specifies that such provisions shall supplement, but not supplant, State and local efforts in prosecuting crimes. Directs the Attorney General to give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law. (Sec. 4) Requires the Attorney General to certify that a State, to be eligible for prison funds authorized under the Violent Crime Control and Law Enforcement Act of 1994, has adopted: (1) truth in sentencing laws with respect to any felony crime of violence involving the use or attempted use of force or use of a firearm against a person for which a minimum sentence of five years or more is authorized, that provide that defendants will serve at least 85 percent of the sentence ordered and that provide for a binding sentencing guideline system that limits the discretion of sentencing judges; (2) a pretrial detention system similar to that provided under the Federal criminal code; (3) sentences for murderers, sex offenders, firearm offenders where death or serious bodily injury results, and child abuse offenders that are at least as long as sentences imposed under Federal law; and (4) suitable recognition for the rights of victims, including consideration of the victim's perspective at all appropriate stages of criminal proceedings. Directs the Attorney General to disqualify or withdraw certification of a State that does not comply with such provision or has ceased making substantial progress toward compliance. Authorizes the Attorney General to waive, for up to one year, any requirements of this section with respect to a State if there are compelling law enforcement reasons. (Sec. 5) Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses and lists expenses to be reimbursed. Authorizes a court to order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a related scheme, conspiracy, or pattern of unlawful activity. Directs the court: (1) to order restitution in the full amount of the victim's losses and without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to compensation with respect to a loss from insurance or any other source; and (2) to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and obligations of the offender. Sets forth provisions regarding: (1) the form of payments; (2) situations where there is more than one offender or more than one victim; (3) compensation with respect to losses from insurance or other sources; (4) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (5) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts. Makes compliance with a restitution order a condition of any form of release of an offender. Provides for the enforcement of restitution orders. Authorizes: (1) a victim or offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. (Sec. 6) Requires the Attorney General to implement and enforce regulations mandating prison work for all able-bodied inmates in Federal penal and correctional institutions and prohibiting the provision by the Government in inmates' cells of television, radio, telephone, stereo, or other similar amenities.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 16 February 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 16 February 1995

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• Introduced in Senate

  summary · EN · 16 February 1995

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