
Senators
Feinstein and Hatch Introduce
Bipartisan Measure to Fight Gang Violence
Washington, DC - U.S. Senators Dianne Feinstein (D-Calif.) and Orrin Hatch (R-UT) today introduced legislation to combat gang violence by increasing the penalties for the most serious gang crimes and by making it a federal crime to recruit persons to join a criminal street gang and to use a minor to commit a violent federal crime.
"I believe the federal government must be an active partner in the fight against gang violence," Senator Feinstein said. "That is why I introduced the Criminal Gang Abatement Act, legislation aimed specifically at the most dangerous, sophisticated, and mobile gangs in the country."
Despite the recent drop in crime, a 2001 Justice Department gang study found that youth gang problems grew dramatically between the 1970s and 1998. The study found that since 1980:
The number of gangs has increased from 2,000 to 26,000;
The number of gang members has increased from 100,000 to 840,000;
The gang problem has spread to all 50 states and the District of Columbia.
Moreover, a 1999 Justice Department gang survey found that the number of gang members increased by 8 percent from 1998 to 1999.
"Because of the continued rise in gang violence, it is necessary to give prosecutors better tools to combat the problem," Senator Feinstein said. "This legislation does that by expanding federal statutes to ensure that they cover typical gang criminal activities and by increasing penalties for crimes committed by gang members."
"Furthermore, in order to
deter youngsters from becoming gang members in the first place, this legislation
makes it a federal crime for gangs to recruit new members or to use a minor
to commit a violent federal crime."
Specifically, the Criminal Gang Abatement Act:
Makes it a crime to recruit persons into a criminal gang or to use minors to commit violent crimes;
Updates federal criminal statutes to ensure that they cover typical gang crimes such as drive-by shootings, serious assaults, intimidating witnesses, distributing explosives, kidnaping, extortion, illegal gambling, money laundering, obstructing justice, and illegally transporting aliens;
Increases the penalties for gang crimes under these statutes, including the penalties for tampering with witnesses, victims, and informants;
Makes it easier for prosecutors to convict gang members of violent and other serious crimes, including statutes addressing carjacking, assault, manslaughter, racketeering, murder-for-hire, and fraud against the United States;
Allows a prosecutor to obtain an enhancement of gang members' sentences consistent with a recent Supreme Court case, Apprendi v. United States;
Allows the Attorney General to designate high intensity interstate gang activity areas, which will improve the ability of local, state, and federal law enforcement to work together to fight gangs; and
Authorizes $50 million to make grants to prosecutors' offices to carry out the provisions of the legislation.
In 1997, Senator Feinstein, Senator Hatch, and others introduced the Federal Gang Violence Act, which would have increased criminal penalties for gang members, made recruiting persons into a criminal street gang a crime, and enhanced penalties for transferring a gun to a minor. Many of the provisions of that bill were incorporated into the Juvenile Justice bill, which was approved overwhelmingly by the Senate in the last Congress.
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