legislation: 104-hr-3698
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| 104-hr-3698 | 104 | hr | 3698 | To reduce violent crime by juvenile offenders. | Crime and Law Enforcement | 1996-06-20 | 1996-09-04 | Referred to the Subcommittee on Crime. | House | Rep. Schumer, Charles E. [D-NY-9] | NY | D | S000148 | 0 | TABLE OF CONTENTS: Title I: Enhanced Prosecution of Dangerous Juvenile Offenders Act Title II: The State and Local Court Assistance Program Act Subtitle A: Juvenile Gun Courts Subtitle B: Juvenile Drug Courts Subtitle C: Flexibility in Prison Grants Title III: The Gun-Free Children Amendments Act Subtitle A: Gun Free School Zones Amendment Subtitle B: Enhanced Prosecution and Punishment of Armed Dangerous Felons Title IV: The Keeping Kids Drug-Free Act Subtitle A: Penalty Enhancements Subtitle B: Methamphetamine Control Act of 1996 Anti-Gang and Youth Violence Control Act of 1996 - Title I: Enhanced Prosecution of Dangerous Juvenile Offenders Act - Enhanced Prosecution of Dangerous Juvenile Offenders Act of 1996 - Revises Federal criminal code provisions regarding juveniles to require that a juvenile alleged to have committed an act of juvenile delinquency be surrendered to State authorities or proceeded against in Federal court as a juvenile or tried as an adult. Sets guidelines for proceeding against a juvenile in Federal court as a juvenile and as an adult. (Sec. 103) Modifies provisions regarding: (1) custody prior to appearance before a magistrate to provide that whenever a juvenile is taken into custody, the arresting officer shall immediately advise such juvenile of the juvenile's rights and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian; (2) detention prior to disposition to direct that a juvenile be detained in such suitable place as the Attorney General may designate, with preference to a location within, or a reasonable distance of, the district in which the juvenile is being prosecuted; and (3) dispositional hearings to direct the court, upon finding a juvenile to be a delinquent, to hold a dispositional hearing no later than 40 court days after such finding (and directs that a predisposition report be prepared by the probation officer, victim impact information be included and victims be provided the opportunity to make a statement to the court or present information relating to disposition, and the court impose an appropriate sanction). (Sec. 106) Extends from 30 to 45 days the period during which an alleged delinquent who is in detention pending trial must be brought to trial. (Sec. 108) Revises provisions regarding: (1) juvenile records to require that such records be released to the extent necessary for communications with any victim of such juvenile delinquency (or, as appropriate, with the victim's official representative) to apprise such individual of the status or disposition of the proceeding, to effectuate any other legal provision, or to assist in allocution at disposition; (2) delinquency proceedings in district courts and transfer for criminal prosecution to establish requirements regarding the fingerprinting and photographing of juveniles adjudicated delinquent under specified circumstances; and (3) commitment to prohibit the Attorney General from causing any juvenile under age 19 adjudicated delinquent to be placed or retained in an adult correctional facility in which the juvenile has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges, except for placement in a community-based facility. (Sec. 111) Makes acts of juvenile delinquency that would be a serious drug offense if committed by an adult a predicate offense under the Armed Career Criminal Act. Title II: The State and Local Court Assistance Program Act - State and Local Courts Assistance Program Act of 1996 - Subtitle A: Juvenile Gun Courts - Authorizes the Attorney General to provide grants to States, State courts, units of local government, Indian tribes, and Alaskan native villages for court-based juvenile justice programs that target young firearm offenders through the establishment of juvenile gun courts. Sets forth provisions regarding: (1) uses of grant funds; (2) application requirements; (3) grant awards; (4) limits on, and renewal of, grants; (5) the Federal share; and (6) reporting and evaluation requirements. Authorizes appropriations. Subtitle B: Juvenile Drug Courts - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, State and local courts, units of local government, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over specified juvenile offenders with substance abuse or related problems; and (2) integrate administration of other sanctions and services. Directs the Attorney General to issue regulations and guidelines to ensure that the programs authorized do not permit participation by violent offenders. Sets forth provisions regarding: (1) administration; (2) application requirements; (3) the Federal share; (4) geographic distribution; (5) reporting requirements; (6) technical assistance, training, and evaluation; and (7) reallocation of unawarded funds. Authorizes appropriations. Subtitle C: Flexibility in Prison Grants - Modifies the Violent Crime Control and Law Enforcement Act of 1994 to authorize: (1) grants to provide and support post-release transition, supervision, and monitoring, including drug testing (post-release services); and (2) the Attorney General to make grants to Indian tribes for purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction, and providing and supporting post-release services. Title III: The Gun-Free Children Amendments Act of 1996 - Gun-Free Children Amendments Act of 1996 - Subtitle A: Gun-Free School Zones Amendment - Amends the Federal criminal code to specify that the prohibition against possessing a firearm in a school zone applies to a firearm that has moved in or otherwise affects interstate or foreign commerce. (In United States v. Lopez, the U.S. Supreme Court held that the Congress did not have the power to make it a Federal crime to possess a gun near a school based on the commerce clause because of an insufficient nexus to commerce.) Subtitle B: Enhanced Prosecution and Punishment of Armed Dangerous Felons - Provides for enhanced penalties for discharging or possessing a firearm during a crime of violence or drug trafficking crime. Title IV: The Keeping Kids Drug-Free Act - Subtitle A: Penalty Enhancements - Amends the Controlled Substances Act (CSA) to increase penalties for: (1) using minors to distribute drugs; (2) distributing drugs to minors; (3) drug trafficking in or near a school or other protected location; and (4) using Federal property to grow or manufacture controlled substances. (Sec. 414) Authorizes the Attorney General to transfer flunitrazepam from schedule IV (drugs or substances with low potential for abuse, with a currently accepted medical use in treatment in the United States, and the abuse of which may lead to limited physical or psychological dependence) to schedule II (high potential for abuse, with a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions, and the abuse of which may lead to severe psychological or physical dependence) of the CSA. Subtitle B: Methamphetamine Control Act of 1996 - Methamphetamine Control Act of 1996 - Amends the CSA to: (1) lower the quantity of methamphetamine necessary to trigger penalties; and (2) prohibit dangerous handling of listed chemicals in violation of specified Federal laws or in any manner posing an imminent danger to human health and safety (and sets penalties for violations). (Sec. 423) Increases penalties under: (1) the CSA and the Controlled Substances Import and Export Act (CSIEA) for trafficking in regulated chemicals; and (2) the CSIEA for the manufacture of listed chemicals outside the United States with intent to import them into the United States. (Sec. 426) Authorizes the Attorney General to: (1) commence a civil action for appropriate relief, including a permanent or temporary injunction, where there is a reasonable basis to believe that a violation of specified CSA provisions is occurring or will occur (with any such action to be brought in U.S. district court for the district in which the defendant is located or resides or is doing business, and grants such court jurisdiction to restrain such violation); and (2) order the suspension of any transaction involving a listed chemical, where there is a reasonable basis to believe that the transaction will facilitate the unlawful manufacture of a listed chemical or controlled substance (but entitles a regulated person to whom such order applies to a hearing on an expedited basis). (Sec. 428) Revises CSA provisions regarding the definition of "regulated transaction" to provide for regulation of pseudoephedrine or phenylpropanolamine, or its salts, optical isomers, or salts of optical isomers, unless otherwise provided by regulation of the Attorney General. Authorizes the Attorney General to reinstate the exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product if the Attorney General determines that the drug product is manufactured and distributed in a manner that prevents diversion. (Sec. 429) Modifies provisions regarding seizure and forfeiture, including: (1) subjecting to forfeiture raw materials, products, and equipment used in manufacturing, compounding, processing, delivering, importing, or exporting any listed chemical under the CSA; and (2) subjecting to seizure vessels, vehicles, or aircraft used to import, export, transport, or store any listed chemical under the Tariff Act of 1930. (Sec. 430) Prohibits selling or otherwise distributing a laboratory supply to a person who uses, or attempts to use, it to manufacture a controlled substance or listed chemical in violation of the CSA, without exercising reasonable care to assure that it will not be used for an illicit purpose. Sets civil penalties for violations. | 2025-01-02T17:38:49Z |