S 456 · 110th Congress 2007–2009, ended

Gang Abatement and Prevention Act of 2007

Latest action · Oct 17, 2007 Referred to the Subcommittee on Healthy Families and Communities.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 31, 2007
  2. Passed SenateSep 21, 2007
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Gang Abatement and Prevention Act of 2007 - Title I: New Federal Criminal Laws Needed To Fight Violent National, International, Regional, And Local Gangs That Affect Interstate And Foreign Commerce - (Sec. 101) Amends the federal criminal code to expand prohibitions against criminal street gangs. Defines "criminal street gang" as a formal or informal group, organization, or association of five or more individuals: (1) each of whom has committed at least one gang crime; and (2) who collectively commit three or more gang crimes (at least one of which is a serious violent felony), in separate criminal episodes.

Defines "gang crime" as a federal criminal offense punishable by imprisonment for more than one year or a state felony offense punishable by imprisonment of five years or more, involving: (1) physical force against another, burglary, arson, kidnapping, or extortion; (2) obstruction of justice or tampering or retaliating against a witness, victim, or informant; (3) drug trafficking; (4) illegal possession of firearms or explosives, racketeering, money laundering, or interstate transportation of stolen property; (5) harboring illegal aliens; or (6) aggravated sexual abuse, exploitation, or other sex crime.

Imposes criminal penalties on individuals who: (1) knowingly commit, or conspire, threaten, or attempt to commit, a gang crime in furtherance of a criminal street gang; (2) recruit persons to participate in a criminal street gang; and (3) commit other violent crimes in furtherance of a criminal street gang. Provides for criminal forfeiture of property used in the commission of a gang crime.

Title II: Violent Crime Reforms To Reduce Gang Violence - (Sec. 201) Amends the federal criminal code to: (1) expand the prohibition against committing violent crimes in aid of racketeering activity to include an enterprise engaged in racketeering activity; and (2) increase criminal penalties for threats to commit a violent crime and for attempts or conspiracies to commit crimes of violence.

(Sec. 202) Amends the Controlled Substances Act to impose criminal penalties on individuals who commit murder and other violent crimes during and in relation to a drug trafficking crime.

(Sec. 203) Expands restrictions on the release of persons charged with using firearms in a drug trafficking crime or a crime of violence.

(Sec. 204) Establishes a 10-year limitation period for prosecutions of any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence.

(Sec. 205) Directs the Judicial Conference of the United States to study changing the Federal Rules of Evidence to allow the admission into evidence of statements of a witness who is unavailable to testify due to a party's wrongdoing.

(Sec. 206) Increases criminal penalties for possession of firearms by felons with one or more prior convictions for a violent felony or serious drug offense. Directs the U.S. Sentencing Commission to amend federal sentencing guidelines to reflect increases in penalties for possession of firearms by felons with multiple felony convictions.

(Sec. 208) Amends the federal criminal code to: (1) redefine the crime of carjacking and increase penalties for such crime; (2) redefine and increase penalties for transfers of firearms to commit a crime of violence or drug trafficking; (3) apply criminal association restrictions to members of criminal street gangs; and (4) increase criminal penalties for conspiracy to commit a criminal offense or to defraud the United States.

(Sec. 209) Authorizes the Attorney General to conduct media campaigns in any area designated as a high intensity gang activity area to educate residents of such area about changes in criminal penalties made by this Act. Requires the Attorney General to report to the Judiciary Committees of Congress on such media campaigns.

(Sec. 210) Extends from 8 to 10 years the limitation period for prosecuting certain federal crimes of terrorism.

(Sec. 211) Establishes crimes committed in Indian country or in any other area of exclusive federal jurisdiction as a predicate for invoking federal racketeering laws.

(Sec. 212) Establishes as a predicate for a wiretap authorization violations of the Controlled Substances Act relating to murder and other violent crimes in furtherance of a drug trafficking crime and certain criminal street gang activity.

(Sec. 213) Expands the prohibition against impeding commerce by threats or violence to include robbery or extortion attempts committed by a person unlawfully impersonating a law enforcement officer.

(Sec. 214) Prohibits travel in interstate or foreign commerce, or use of the mail, to tamper with or retaliate against a witness, victim, or informant in a state criminal proceeding.

(Sec. 215) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to conform with the amendments made by this Title.

Title III: Increased Federal Resources To Deter and Prevent Seriously At-Risk Youth From Joining Illegal Street Gangs And For Other Purposes - (Sec. 301) Authorizes the Attorney General to designate state high intensity gang activity areas and provide assistance to such areas in combating gang activity. Establishes criteria for the designation of a high intensity gang activity area.

Requires the Attorney General to submit a report to Congress, the Director of the Office of Management and Budget (OMB), and the Domestic Policy Council on gangs in high intensity gang activity areas.

Authorizes the Attorney General and the Director of the Administrative Office of the U.S. Courts to hire additional personnel, including 94 assistant U.S. attorneys, to assist in anti-gang initiatives.

Directs the Office of Justice Programs to establish a National Gang Research, Evaluation, and Policy Institute to design anti-gang programs, conduct research, and evaluate existing anti-gang programs. Authorizes appropriations for FY2008-FY2012.

(Sec. 302) Authorizes the Office of Justice Programs of the Department of Justice (DOJ) to make grants to states, local and tribal governments, and private entities to develop community-based programs that provide crime prevention, research, and intervention services designed for gang members and at-risk youth. Requires grant recipients to submit annual reports to the Attorney General on their activities and their strategic plans. Authorizes appropriations for FY2008-FY2012.

(Sec. 303) Authorizes the Attorney General to expand the Project Safe Neighborhoods program to require each U.S. attorney to: (1) identify, investigate, and prosecute significant criminal street gangs operating within his or her district; (2) coordinate the identification, investigation, and prosecution of criminal street gangs among federal, state, and local law enforcement agencies; and (3) hire additional personnel to support the expansion of the program. Authorizes appropriations for FY2008-FY2012.

(Sec. 304) Authorizes the Attorney General to expand the Safe Streets Program of the Federal Bureau of Investigation (FBI) to support criminal street gang enforcement teams.

Directs the Attorney General to: (1) establish a National Gang Activity Database to disseminate information to law enforcement agencies about gang activities and gang members; and (2) provide funding to the Regional Information Sharing Systems to use RISSNET (secure intranet) to connect existing gang information systems with the National Gang Activity Database. Authorizes appropriations for FY2008-FY2012.

(Sec. 305) Amends the Violent Crime Control and Law Enforcement Act of 1994 to provide grants to assist prosecutors and law enforcement agencies in identifying gang members and violent offenders. Authorizes appropriations for FY2008-FY2012 for community-based justice grants for prosecutors.

(Sec. 306) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to expand the number of sites receiving juvenile delinquency reduction grants from 4 to 12. Authorizes appropriations for FY2008-FY2012.

(Sec. 307) Authorizes the Attorney General to make grants to public or nonprofit private entities (including faith-based organizations) to carry out projects involving innovative approaches to combat gang activity. Requires the Attorney General to submit annual reports to Congress on the success of innovative approaches in local communities. Authorizes appropriations for FY2008-FY2012.

(Sec. 308) Establishes in the U.S. Marshals Service a Short-Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes. Authorizes the Attorney General to make grants to prosecutor's offices to identify witnesses in need of protection. Authorizes appropriations for FY2008-FY2010.

(Sec. 309) Allows nonreimbursable federal payments to states for the costs of investigating and prosecuting crimes of violence committed by a criminal street gang.

(Sec. 310) Specifies that the federal witness relocation and protection program includes witnesses in cases involving criminal street gangs, serious drug offenses, and homicide, as well as organized criminal activity.

(Sec. 311) Authorizes the Attorney General to make grants to states for projects to prevent family abductions. Authorizes appropriations for FY2009-FY2010.

(Sec. 312) Directs the U.S. Sentencing Commission to study and report to Congress on the appropriateness of sentences for minors in the federal criminal justice system. Authorizes the Commission to establish or revise sentencing guidelines and policy statements relating to the sentencing of minors, based on study results.

(Sec. 313) Amends the Office of National Drug Control Policy Reauthorization Act of 1998 to require the Director of National Drug Control Policy to promote prevention of youth heroin use, including cheese heroin, in advertising and other activities.

(Sec. 314) Authorizes the National District Attorneys Association to use the National Advocacy Center in Columbia, South Carolina, for a training program to improve the professional skills of state and local prosecutors. Authorizes appropriations for FY2008-FY2011.

Title IV: Crime Prevention and Intervention Strategies - Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2007 or PRECAUTION Act - (Sec. 404) Establishes the National Commission on Public Safety Through Crime Prevention. Directs the Commission to: (1) conduct a study of the effectiveness of crime and delinquency prevention and intervention strategies, organized around specified subcategories (i.e., family and community settings, law enforcement settings, and school settings); (2) make recommendations to the Director of the National Institute of Justice for the dissemination of innovative crime prevention and intervention strategy grants; and (3) report to the President, Congress, and other federal and state officials on its findings and conclusions.

(Sec. 405) Authorizes the Director of the National Institute of Justice to make grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Requires grant recipients to set aside grant funds for a rigorous study of the effectiveness of prevention or intervention strategies. Authorizes appropriations.

Cosponsors 44

Members who signed on, in the order they did. Signatures ran from Jan 31, 2007 to Aug 3, 2007; 19 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-PAArlen SpecterOriginalJan 31, 2007
D-MDBarbara A. MikulskiOriginalJan 31, 2007
D-NYCharles E. SchumerOriginalJan 31, 2007
R-NCElizabeth DoleOriginalJan 31, 2007
D-WIHerb KohlOriginalJan 31, 2007
D-NYHillary Rodham ClintonOriginalJan 31, 2007
R-TXJohn CornynOriginalJan 31, 2007
R-AZJon KylOriginalJan 31, 2007
D-DEJoseph R. Biden Jr.OriginalJan 31, 2007
D-COKen SalazarOriginalJan 31, 2007
D-WAMaria CantwellOriginalJan 31, 2007
D-ARMark L. PryorOriginalJan 31, 2007
D-MTMax BaucusOriginalJan 31, 2007
R-MNNorm ColemanOriginalJan 31, 2007
R-UTOrrin G. HatchOriginalJan 31, 2007
D-WAPatty MurrayOriginalJan 31, 2007
D-PARobert P. Casey Jr.OriginalJan 31, 2007
D-OHSherrod BrownOriginalJan 31, 2007
R-AKTed StevensOriginalJan 31, 2007
R-VAJohn WarnerFeb 8, 2007
D-ARBlanche L. LincolnMay 8, 2007
D-CABarbara BoxerJun 14, 2007
D-MAEdward M. KennedyJun 14, 2007
D-NJFrank R. LautenbergJun 14, 2007
R-NMPete V. DomeniciJun 14, 2007
D-ILRichard J. DurbinJun 14, 2007
D-NJRobert MenendezJun 14, 2007
R-TXKay Bailey HutchisonJun 19, 2007
R-AKLisa MurkowskiJun 20, 2007
D-MAJohn F. KerryJul 9, 2007
R-KSPat RobertsJul 10, 2007
D-SDTim JohnsonJul 11, 2007
D-HIDaniel K. AkakaJul 12, 2007
D-VAJim WebbJul 12, 2007
D-HIDaniel K. InouyeJul 13, 2007
D-NMJeff BingamanJul 13, 2007
D-FLBill NelsonJul 17, 2007
R-FLMel MartinezJul 17, 2007
D-INEvan BayhJul 23, 2007
D-MTJon TesterJul 30, 2007
I-CTJoseph I. LiebermanAug 2, 2007
D-LAMary L. LandrieuAug 2, 2007
D-CTChristopher J. DoddAug 3, 2007
R-NEChuck HagelAug 3, 2007

Committees 4

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Jan 31, 2007Hearings Jun 5, 2007Markup Jun 14, 2007Reported Jul 30, 2007
HouseEnergy and Commerce Committee
Referred Sep 25, 2007
Health Subcommittee
Referred Sep 24, 2007
HouseJudiciary Committee
Referred Sep 25, 2007
HouseEducation and Workforce Committee
Referred Sep 25, 2007
Healthy Families and Communities Subcommittee
Referred Oct 17, 2007

Actions 15

Everything that happened, newest first.

  1. Oct 17, 2007Referred to the Subcommittee on Healthy Families and Communities.
  2. Sep 24, 2007Referred to the Subcommittee on Health.
  3. Sep 24, 2007Received in the House.
  4. Sep 24, 2007Message on Senate action sent to the House.
  5. Sep 24, 2007Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S11954–S11965Text printed S11955–S11964Amendments S11954, S11955, S11965Dianne Feinstein D-CA (amendment), Orrin G. Hatch R-UT, Patrick J. Leahy D-VT, Robert P. Casey Jr. D-PASep 21, 2007
SenateDebate and remarks S1571Ken Salazar D-COFeb 5, 2007
SenateDebate and remarks S1434–S1436Dianne Feinstein D-CAJan 31, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimates 2

  1. Jul 2, 2007S. 456, Gang Abatement and Prevention Act of 2007<p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on June 14, 2007</p>
  2. Jul 2, 2007S. 456, Gang Abatement and Prevention Act of 2007Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on June 14, 2007

Printed hearings 2

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
RL34139Criminal Restitution Proposals in the 110th Congress ArchivedReportJan 13, 2009
RS22709Criminal Restitution in the 110th Congress: A Sketch ArchivedReportJan 13, 2009
RL34092Commerce, Justice, Science, and Related Agencies: FY2008 Appropriations ArchivedReportMar 17, 2008

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 3022Of a perfecting nature.Dianne Feinstein D-CAAmendment SA 3022 agreed to in Senate by Unanimous Consent.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1582Gang Abatement and Prevention Act of 2007Identical billApr 20, 2007
HR 3547Gang Prevention, Intervention, and Suppression ActRelated billOct 17, 2007
HR 3922Gang Reduction, Investment, and Prevention ActRelated billNov 14, 2007

Titles 8

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect law-abiding citizens and communities from violent criminals, to revise and enhance criminal penalties for violent crimes, to expand and improve gang prevention programs, and for other purposes.
Short Titles as Introduced
Gang Abatement and Prevention Act of 2007
Short Titles as Reported to Senate
Gang Abatement and Prevention Act of 2007
Short Titles as Passed Senate
Gang Abatement and Prevention Act of 2007
Short Titles as Reported to Senate for portions of this bill
PRECAUTION Act
Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2007
Short Titles as Passed Senate for portions of this bill
Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2007
PRECAUTION Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 4

Each version as it was printed, newest first.

  1. Sep 24, 2007Referred in House
  2. Sep 21, 2007Engrossed in Senate
  3. Jul 30, 2007Reported to Senate
  4. Jan 31, 2007Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.