Families Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C
|
|
- Osborn West
- 5 years ago
- Views:
Transcription
1 Families Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C Summary of The Gang Deterrence and Community Protection Act of 2005 Title I Criminal Law Reforms and Enhanced Penalties to Deter and Punish Illegal Street Gang Activity and Related Reforms Sec. 101: Revision and Extension of Penalties Related to Criminal Street Gang Activity (section 521 of title 18, U.S. Code). Targets activities, conspiracies or threats that further street gang activity or the defendant s standing within the street gang. Creates new penalties with mandatory minimum sentences based on the seriousness of the offense: o Death or life imprisonment for any gang crime resulting in death o 30 to life for kidnapping, aggravated sexual abuse or maiming o 20 to life for assault resulting in serious bodily injury ( SBI ) o 10 to life for any other gang crime. Amends definition of a criminal street gang by lowering the number of people involved from 5 to 3, eliminating the existing 5-year window for the predicate crimes to have occurred (currently in 18 U.S.C 521), and replacing the requirement that the gang engage in a continuing series of offenses with a minimum of two predicate gang crimes, one of which must be a crime of violence. o Definition: The term criminal street gang means a formal or informal group or association of 3 or more individuals, who commit 2 or more gang crimes (one of which is a crime of violence other than an offense. punishable under subparagraphs (A), (B), or (C) of section 401b(1) of the Controlled Substances Act), in 2 or more separate criminal episodes, in relation to the group or association, if any of the activities of the criminal street gang affects interstate or foreign commerce. New bill amends the definition of a crime of violence in 18 U.S.C. 16(b) to include drug trafficking crimes under 21 U.S.C. 841 (b) drug crimes that carry mandatory minimum sentences... Currently a crime of violence is defined as an offense with some element of force against a person or property, or an offense punishable by at least a year that involves a substantial risk of force against a person or property) (see Sec.112 for full definition and analysis). o For purposes of the crime of violence predicate offense for identifying a criminal street gang, mandatory minimum drug crimes would not count.
2 A gang crime is defined to mean any Federal or State crime punishable by more than 1 year in prison and includes among others: violence, obstruction of justice, drug distribution or manufacturing, or explosive materials crime where the underlying conviction is, among others, money laundering, fraud, and interstate transportation of stolen cars or property. Sec. 102: Increased Penalties for Interstate and Foreign Travel or Transportation in Aid of Racketeering (Section 1952 of title 18, U.S. Code) Adds conspiracy and attempts to the punishable offenses Creates a new mandatory minimum of 5 years for violating this provision and increases the maximum sentence to 20 years (original 5) Creates a new mandatory minimum of 10 years for interstate or foreign travel with the intent to commit a crime of violence in furtherance of unlawful activity and increases the maximum to 30 years (original 20) Creates a new death penalty or life imprisonment if death occurs (original life). Sec. 103: Amendments Relating to Violent Crime Car jacking (Section 2119 of title 18, U.S. Code): adds conspiracy to definition and eliminates intent to cause death or serious bodily harm o New definition: Whoever takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts or conspires to do so o Penalties: Increases maximum to 20 years (original 15) [in subsection (1)] Serious bodily injury: creates new mandatory minimum of 10 years and increases maximum to 30 (original 25) [in subsection (2)] Illegal gun transfers to drug traffickers [924(g) of title 18, U.S. Code]: adds possession to the definition, and creates a new mandatory minimum of 5 years while increasing the maximum to 20 years (original 10) o Definition: Whoever knowingly transfers a firearm, knowing or intending that firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime.... Limitations on criminal association [Section 3582(d) of title 18, U.S. Code]: eliminates attorney exemption allowing prisoners to associate or communicate with their attorneys if probable cause is shown that this is part of a criminal gang activity or illegal enterprise o Original provision grants the Court upon a motion from the Director of BOP or US Attorney the authority to include in a defendant s sentence an order not to associate or communicate with specified persons except for 2
3 the defendant s attorney if probably cause is shown the association/communication is part of an illegal enterprise. Conspiracy to defraud U.S. (Section 371 of title 18, U.S. Code): Increases maximum sentence to 20 years (original 5). o Original provision makes it illegal for two or more persons to conspire to commit a crime against the U.S. or to defraud the U.S., including any agency, and one or more persons does something that affects the object of the conspiracy. Sec 104: Increased Penalties for Use of Interstate Commerce Facilities in the Commission of Murder-For-Hire and Other Felony Crimes of Violence (Section 1958 of title 18, U.S. Code) Adds other felony crimes of violence to the definition of the crime Adds mandatory fine Creates new penalties with mandatory minimums: o Death or life in prison if the crime of violence results in death o 30 to life for kidnapping, aggravated sexual abuse, or maiming o 20 to life for assault with serious bodily injury o 10 to life for all other cases. Sec 105: Increased Penalties for Violent Crimes in Aid of Racketeering Activity [Section 1959(a) of title 18, U.S. Code] Creates mandatory consecutive sentences o Maintains death penalty or life for the death of any person o 30 to life for kidnapping, aggravated sexual abuse, or maiming (original 30 max for maiming; life for kidnapping) o 20 to life for assault with serious bodily injury (original 20 max) o 10 to life for all other crimes. Sec. 106: Murder and Other Violent Crimes Committed During and in Relation to a Drug Trafficking Crime (21 U.S.C 841) Creates a new section (titled above) that adds mandatory consecutive penalties to the drug trafficking statute in cases where a crime of violence is associated with the underlying drug trafficking crime o Death penalty or life for the death of any person o 30 to life for kidnapping, aggravated sexual abuse, or maiming o 20 to life for assault with SBI o 10 to life for all other cases. 3
4 Sec. 107: Multiple Interstate Murder (Part I of chapter 51 of title 18, U.S. Code) Creates a new section for traveling in or causing another to travel in interstate or foreign commerce or to use the mail or any facility in interstate or foreign commerce with the intent that 2 or more murders be committed o Death penalty or life should the offense result in the death of any person o 20 to life for assault with SBI o 10 to life for all other cases. Sec. 108: Additional Racketeering Activity [Section 1961(1) of title 18, U.S. Code] Modifies the list of RICO predicates to clarify applicability of predicate offense which occur on Indian country (as defined in section 1151) or in any other area of exclusive Federal jurisdiction. Sec. 109: Expansion of Rebuttable Presumption Against Release of Persons Charged with Firearms (Section 3142 of title 18, U.S. Code) Expands the power of a judicial officer during pre-trial release hearings to detain a defendant charged with firearm offenses after having previously been convicted of a prior crime of violence or serious drug trafficking offense (defined as having a max penalty of at least 10 years). Sec. 110: Venue in Capital Cases (Section 3235 of title 18, U.S. Code) Amends jurisdiction of cases punishable by death to include not only the district where the offense was committed (original) but districts involved in the entire timeline of the offense, from conception to completion Creates new subsection allowing jurisdiction to fall in a district where related conduct occurred if the offense affects interstate or foreign commerce, or involves the importation of a person or object into the U.S. Sec. 111: Statute of Limitations for Violent Crime (Chapter of title 18, U.S.C) Creates a new section ( Violent crime offenses ) that sets the statute of limitations for violent crimes cases at 15 years after the offense occurred or the continuing offense was completed. Sec. 112: Modification of Definition of Crime of Violence (Section 16(b) of title 18, U.S. Code) Amends the crimes of violence definition to include any offense punishable by at least one year in prison and also mandatory minimum drug crimes 1 The reference to Chapter 214 does not exist in the U.S. Code and most likely refers to Chapter 213 4
5 o Previously included only felony offenses that involved a substantial risk of physical force o Previously did not include drug trafficking offenses. Definition: (b) any other offense that is an offense punishable by imprisonment for more than one year and that, by its nature, involves a substantial risk that physical force may be used against the person or property of another, or is an offense punishable under subparagraphs (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act. Sec. 113: Clarification to Hearsay Exception for Forfeiture by Wrongdoing [Rule 804(b)(6) of the Federal Rules of Evidence] Amends the definition so that hearsay statements made by a witness who cannot testify (for example due to murder) can be used against defendants in a conspiracy if they had prior knowledge that the witness would be detained o New Definition: A statement offered against a party who has engaged or acquiesced in wrongdoing, or who could reasonably foresee such wrongdoing would take place, if the wrongdoing was intended to, and did, procure the unavailability of the declarant as a witness. Sec. 114: Increased Penalties for Criminal Use of Firearms in Crimes of Violence and Drug Trafficking [Section 924(c)(1)(A) of title 18, U.S. Code] Amends subsection (A) to include conspiracy; if someone conspires to commit a crime of violence or drug trafficking crime and a firearm is involved, the defendant will receive a mandatory consecutive sentence each time the weapon is used, carried, or possessed Increases the existing mandatory minimum consecutive penalty for possession to 7 years (original 5) Eliminates the brandishing definition and penalty Increases the penalty for discharging to 15 years (original 10) Creates a new penalty for wounding, injuring, or maiming: 20 years Sec. 115: Transfer of Juveniles (4 th undesignated paragraph of section 5032 of title 18, U.S. Code) Authorizes an Attorney General to charge as an adult a juvenile who is 16 or older and commits a crime of violence 2 Eliminates the requirement that the juvenile have a prior felony offense 2 Drug trafficking crimes were not included in the original definition of crimes of violence; however, the original provision in section 5032 of title 18, U.S.C includes in addition to crimes of violence drug trafficking crimes as specified in the Controlled Substances Act 5
6 Provides that such juveniles can also be charged and convicted as an adult of any included lesser offense. Prohibits judicial review of the Attorney General s decision to transfer juveniles. Title II Increased Federal Resources to Deter and Prevent At-Risk Youth from Joining Illegal Street Gangs Sec. 201: Designation of and Assistance for High Intensity Interstate Gang Activity Areas Requires the Attorney General, after consultation with the Governors of appropriate states, to designate certain locations as high intensity interstate gang activity areas Organizes criminal street gang enforcement teams made up of local, state and federal law enforcement authorities to investigate and prosecute criminal street gangs in each high intensity interstate gang activity area Authorizes $50 million for each of the fiscal years 2006 through 2010 to combat the high intensity gang activity areas Authorizes $7.5 million each of the fiscal years 2006 through 2010 to hire 94 additional Assistant U.S. Attorneys Sec. 202: Grants to State and Local Prosecutors to Combat Violent Crime and to Protect Witnesses and Victims of Crimes (42 U.S. C ) (note: can t find this citation) Authorizes $20 million for each of the fiscal years 2006 through 2010 to allow for the hiring of additional state and local prosecutors, and the purchasing of technological equipment to increase the accurate identification and prosecution of violent offenders 6
FEDERAL PUBLIC DEFENDER Western District of Washington
FEDERAL PUBLIC DEFENDER Western District of Washington Thomas W. Hillier, II Federal Public Defender April 10, 2005 The Honorable Howard Coble Chairman Subcommittee on Crime, Terrorism and Homeland Security
More information18 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 227 - SENTENCES SUBCHAPTER A - GENERAL PROVISIONS 3559. Sentencing classification of offenses (a) Classification. An offense
More informationVIRGINIA ACTS OF ASSEMBLY SESSION
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 691 An Act to amend and reenact 9.1-902, 17.1-805, 18.2-46.1, 18.2-356, 18.2-357, 18.2-513, 19.2-215.1, and 19.2-386.35 of the Code of Virginia and to
More informationOrganized Crime And Racketeering
U.S. Attorneys» U.S. Attorneys' Manual» Title 9: Criminal 9 110.000 Organized Crime And Racketeering 9 110.010 Introduction 9 110.100 Racketeer Influenced and Corrupt Organizations (RICO) 9 110.101 Division
More informationCHAPTER Committee Substitute for Senate Bill No. 1282
CHAPTER 97-69 Committee Substitute for Senate Bill No. 1282 An act relating to imposition of adult sanctions upon children; amending s. 39.059, F.S., relating to community control or commitment of children
More informationSentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining
Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining Catherine P. Adkisson Assistant Solicitor General Colorado Attorney General s Office Although all classes of felonies have
More informationColorado Legislative Council Staff
Colorado Legislative Council Staff Distributed to CCJJ, November 9, 2017 Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 leg.colorado.gov/lcs E-mail: lcs.ga@state.co.us
More information(3) less than twenty-five years but ten or more years, as a Class C felony; (4) less than ten years but five or more years, as a Class D felony;
1 of 6 4/22/2008 9:13 AM Search Law School Search Cornell LII / Legal Information Institute U.S. Code collection TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER A > 3559 3559. Sentencing classification of
More informationRECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION
RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION Recommendation 19-2017, adopted October 12, 2017: Enact Vehicular Homicide and Related Statutes The Alaska Criminal
More informationAN ACT. Be it enacted by the General Assembly of the State of Ohio:
(131st General Assembly) (Amended Substitute Senate Bill Number 97) AN ACT To amend sections 2152.17, 2901.08, 2923.14, 2929.13, 2929.14, 2929.20, 2929.201, 2941.141, 2941.144, 2941.145, 2941.146, and
More informationOVERVIEW OF IMMIGRATION CONSEQUENCES OF STATE COURT CRIMINAL CONVICTIONS. October 11, 2013
OVERVIEW OF IMMIGRATION CONSEQUENCES OF STATE COURT CRIMINAL CONVICTIONS October 11, 2013 By: Center for Public Policy Studies, Immigration and State Courts Strategic Initiative and National Immigrant
More information2016 ANALYSIS AND RECOMMENDATIONS KENTUCKY
2016 ANALYSIS AND RECOMMENDATIONS KENTUCKY FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More information4B1.1 GUIDELINES MANUAL November 1, 2014
4B1.1 GUIDELINES MANUAL November 1, 2014 PART B - CAREER OFFENDERS AND CRIMINAL LIVELIHOOD 4B1.1. Career Offender (a) (b) A defendant is a career offender if (1) the defendant was at least eighteen years
More informationFEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation
FEDERAL STATUTES The following is a list of federal statutes that the community of targeted individuals feels are being violated by various factions of group stalkers across the United States. This criminal
More informationCHAPTER Committee Substitute for Senate Bill No. 228
CHAPTER 2016-7 Committee Substitute for Senate Bill No. 228 An act relating to the mandatory minimum sentences; amending s. 775.087, F.S.; deleting aggravated assault from the list of convictions which
More informationCHAPTER Senate Bill No. 1768
CHAPTER 2004-286 Senate Bill No. 1768 An act relating to possession of ammunition by felons and delinquents; amending s. 790.001, F.S.; providing a definition of the term ammunition ; amending s. 790.23,
More informationTHE ABC S OF CO AND ACCA FEDERAL PUBLIC DEFENDER CJA PANEL SEMINAR DECEMBER 15, 2017
THE ABC S OF CO AND ACCA FEDERAL PUBLIC DEFENDER CJA PANEL SEMINAR DECEMBER 15, 2017 https://youtu.be/d8cb5wk2t-8 CAREER OFFENDER. WE WILL DISCUSS GENERAL APPLICATION ( 4B1.1) CRIME OF VIOLENCE ( 4B1.2(a))
More information80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY
Sponsored by COMMITTEE ON JUDICIARY 0th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session Senate Bill SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the
More informationCHAPTER Committee Substitute for Committee Substitute for House Bill No. 113
CHAPTER 99-12 Committee Substitute for Committee Substitute for House Bill No. 113 An act relating to punishment of felons; amending s. 775.087, F.S., relating to felony reclassification and minimum sentence
More informationor attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
SEXUAL OFFENSES 18 U.S.C. 2241. Aggravated sexual abuse (a) By force or threat. Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison,
More informationAs Introduced. Regular Session H. B. No
132nd General Assembly Regular Session H. B. No. 38 2017-2018 Representative Greenspan Cosponsors: Representatives Anielski, Barnes, Goodman, Keller, Kick, Lipps, Patton, Perales, Riedel, Retherford, Sprague,
More informationCHAPTER House Bill No. 4059
CHAPTER 98-274 House Bill No. 4059 An act relating to violations of traffic law; amending s. 316.1935, F.S.; providing that it is a third-degree felony for a person to willfully flee or attempt to elude
More informationPC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:
STANISLAUS COUNTY SHERIFF S DEPARTMENT NUMBER: 2.05.11 RELATED ORDERS: PC: 1192.7, 457.1, 872, 667.5 ADULT DETENTION DIVISION CHAPTER 2: BOOKING, CLASSIFICATION, PROPERTY, & RELEASE INMATE RELEASE SUBJECT:
More informationCODIFICATION OF PUBLIC LAWS OF 2002
Title 2A 2A:156A-8 26 6/18/02 Amends N.J.S.A. 2A:156A-8 to add violations of the September 11th, 2001 Anti- Terrorism Act and of N.J.S.A. 2C:12-3, 2C:33-3, 2C:17-2 and 2C:17-7 through 2C:17-9 to the list
More informationNEVADA COUNTY SHERIFF S OFFICE
NEVADA COUNTY SHERIFF S OFFICE GENERAL ORDER 69 Effective Date 01/01/2018 SUBJECT PURPOSE POLICY COOPERATION WITH IMMIGRATION AUTHORITIES AND U VISA The purpose of this order is to provide employees with
More informationSelect Florida Mandatory Minimum Laws
Select Florida Laws IMPORTANT NOTE: This is not necessarily a complete list. Laws frequently change, and these sentences may no longer be accurate or up to date. Talk with a lawyer in your state if you
More informationMANDATORY MINIMUM PENALTIES FEDERAL CRIMINAL JUSTICE SYSTEM
An Overview of MANDATORY MINIMUM PENALTIES in the FEDERAL CRIMINAL JUSTICE SYSTEM United States Sentencing Commission July 2017 Overview of Mandatory Minimum Penalties in the Federal Criminal Justice
More informationLAWS RELATING TO LIFETIME SUPERVISION
LAWS RELATING TO LIFETIME SUPERVISION NRS 176.0931 Special sentence for sex offenders; petition for release from lifetime supervision. 1. If a defendant is convicted of a sexual offense, the court shall
More informationAge Limits for Juvenile Law. Maneuvering through the labyrinth of the juvenile justice system begins with a
Age Limits for Juvenile Law Maneuvering through the labyrinth of the juvenile justice system begins with a discussion of age limits. A child is defined as a person who is ten years of age or older and
More informationCHAPTER Committee Substitute for House Bill No. 7035
CHAPTER 2014-220 Committee Substitute for House Bill No. 7035 An act relating to juvenile sentencing; amending s. 775.082, F.S.; providing criminal penalties applicable to a juvenile offender for certain
More informationDate Jan. 5, 2016 Original X Amendment Prepared: Bill No: HB 037 Correction Substitute. APPROPRIATION (dollars in thousands)
LFC Requester: AGENCY BILL ANALYSIS 2016 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO: LFC@NMLEGIS.GOV and DFA@STATE.NM.US {Include the bill no. in the email subject line, e.g., HB2,
More information2015 ANALYSIS AND RECOMMENDATIONS NORTH DAKOTA
2015 ANALYSIS AND RECOMMENDATIONS NORTH DAKOTA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state sex trafficking law addresses sex trafficking and clearly
More informationImmigration Violations
Policy 428 428.1 PURPOSE AND SCOPE - CONFORMANCE TO SB54 AND RELATED LAWS The purpose of this policy is to establish guidelines with the California Values Act, and related statutes, concerning responsibilities
More informationMARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)
MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER DATE Chapter 5- Operations GO 05-24 6/11/2014 PAGE 1 of 6 Immigration Status (Trust Act implementation) POLICY No person shall be contacted, detained, or arrested
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS21347 Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress Charles Doyle,
More informationCONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 40
SESSION OF 2017 CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 40 As Agreed to April 5, 2017 Brief* House Sub. for SB 40 would amend the law concerning human trafficking, including
More informationTO: All Article 19-A Motor Carriers and Certified Examiners. SUBJECT: Chapter 189 of the Laws of New Disqualification for School Bus Drivers
Albany, New York January 7, 2019 TO: All Article 19-A Motor Carriers and Certified Examiners SUBJECT: Chapter 189 of the Laws of 2018 - New Disqualification for School Bus Drivers A new law took effect
More informationCRIMINAL OFFENCES. Chapter 9
CRIMINAL OFFENCES Chapter 9 LEVELS OF OFFENCES In the Canadian legal system we have three levels of criminal offences. Summary Conviction Offences Indictable Offences Hybrid Offences LEVELS OF OFFENCES:
More information2016 ANALYSIS AND RECOMMENDATIONS SOUTH DAKOTA
2016 ANALYSIS AND RECOMMENDATIONS SOUTH DAKOTA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More informationSafe School Choice Option
Unsafe School Choice Option The No Child Left Behind Act of 2001 (Reauthorization of the Elementary and Secondary Education Act) provides in Title IX, Part E, Subpart 2, Sec. 9532, the Unsafe School Choice
More information80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 1007 SUMMARY
Sponsored by COMMITTEE ON JUDICIARY 0th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session Senate Bill 00 SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the
More informationHOUSE BILL No December 14, 2005, Introduced by Rep. Condino and referred to the Committee on Judiciary.
HOUSE BILL No. HOUSE BILL No. December, 00, Introduced by Rep. Condino and referred to the Committee on Judiciary. A bill to amend PA, entitled "The code of criminal procedure," by amending sections and
More informationPART C IMPRISONMENT. If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by
5C1.1 PART C IMPRISONMENT 5C1.1. Imposition of a Term of Imprisonment (a) A sentence conforms with the guidelines for imprisonment if it is within the minimum and maximum terms of the applicable guideline
More informationSession of SENATE BILL No By Committee on Judiciary 2-1
Session of 0 SENATE BILL No. By Committee on Judiciary - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure; relating to criminal discharge of a firearm; sentencing; amending K.S.A. 0 Supp.
More informationDISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY
DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY Processing Arrestees in the District of Columbia A Brief Overview This handout is intended to provide a brief overview of how an adult who has been arrested
More informationCrimes (Sentencing Procedure) Amendment Bill 2007
First print New South Wales Crimes (Sentencing Procedure) Amendment Bill 2007 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The object of this
More informationWORK DRAFT WORK DRAFT WORK DRAFT CS FOR SENATE BILL NO. 54(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTIETH LEGISLATURE - FIRST SESSION A BILL
WORK DRAFT WORK DRAFT WORK DRAFT 0-S0\R Martin // CS FOR SENATE BI NO. (JUD) IN THE EGISATURE OF THE STATE OF AASKA BY THE SENATE JUDICIARY COMMITTEE Offered: Referred: Sponsor(s): SENATOR COGHI THIRTIETH
More informationObstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws Charles Doyle Senior Specialist in American Public Law April 17, 2014 Congressional Research Service 7-5700 www.crs.gov RS22783
More informationAssembly Bill No. 579 Select Committee on Corrections, Parole, and Probation
Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to crimes; revising provisions relating to the registration of and community notification concerning
More informationFederal Human Trafficking Statutes
Federal Human Trafficking Statutes Alessandra P. Serano Assistant United States Attorney Project Safe Childhood Coordinator Southern District of California What is Human Trafficking? TRAFFICKING VICTIM
More informationSelected Ohio Felony Sentencing Statutes Ohio Rev. Code Ann
Selected Ohio Felony Sentencing Statutes Ohio Rev. Code Ann. 2929.11-2929.14 2929.11 Purposes of felony sentencing. (A) A court that sentences an offender for a felony shall be guided by the overriding
More informationCriminal Gangs/Gang-Free Zones
Criminal Gangs/Gang-Free Zones This legislation enacts a number of provisions about gang-related offenses. For example, it creates an offense for aspiring to commit or committing certain crimes as a member
More informationCERTIFICATION PROCEEDING
CERTIFICATION PROCEEDING PURPOSE: TO ALLOW A JUVENILE COURT TO WAIVE ITS EXCLUSIVE ORIGINAL JURISDICTION AND TRANSFER A JUVENILE TO ADULT CRIMINAL COURT BECAUSE OF THE SERIOUSNESS OF THE OFFENSE ALLEGED
More informationSession of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18
Session of 0 HOUSE BILL No. 00 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; possession of a controlled substance;
More informationASSAULTS ON EMERGENCY WORKERS (OFFENCES) BILL EXPLANATORY NOTES
ASSAULTS ON EMERGENCY WORKERS (OFFENCES) BILL EXPLANATORY NOTES What these notes do These Explanatory tes relate to the Assaults on Emergency Workers (Offences) Bill as brought from the House. These Explanatory
More informationEvolution of the Definition of Aggravated Felony
Evolution of the Definition of Aggravated Felony By Norton Tooby & Joseph Justin Rollin The Anti-Drug Abuse Act of 1988 (ADAA) first created a new category of deportable criminal offenses known as aggravated
More informationIC Chapter 3.5. Human and Sexual Trafficking
IC 35-42-3.5 Chapter 3.5. Human and Sexual Trafficking IC 35-42-3.5-1 Version a Promotion of human trafficking; sexual trafficking of a minor; human trafficking Note: This version of section amended by
More informationCHAPTER Committee Substitute for House Bill No. 163
CHAPTER 2002-159 Committee Substitute for House Bill No. 163 An act relating to sexual offenses; amending s. 825.1025, F.S.; providing for the crime of lewd or lascivious offenses committed upon or in
More information2013 ANALYSIS AND RECOMMENDATIONS ALABAMA
2013 ANALYSIS AND RECOMMENDATIONS ALABAMA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More informationCONFERENCE COMMITTEE REPORT. further agrees to amend the bill as printed with Senate Committee amendments, as follows:
ccr_2016_hb2462_s_4306 CONFERENCE COMMITTEE REPORT MADAM PRESIDENT and MR. SPEAKER: Your committee on conference on Senate amendments to HB 2462 submits the following report: The House accedes to all Senate
More informationASSEMBLY, No STATE OF NEW JERSEY. 212th LEGISLATURE INTRODUCED NOVEMBER 19, 2007
ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED NOVEMBER, 00 Sponsored by: Assemblywoman BONNIE WATSON COLEMAN District (Mercer) Assemblyman JON M. BRAMNICK District (Essex, Morris, Somerset
More informationOhio Felony Sentencing Statutes Ohio Rev. Code Ann (2018)
Ohio Felony Sentencing Statutes Ohio Rev. Code Ann. 2929.11-2929.14 (2018) DISCLAIMER: This document is a Robina Institute transcription of administrative rules content. It is not an authoritative statement
More informationSuperior Court of Washington For Pierce County
Superior Court of Washington For Pierce County State of Washington, Plaintiff vs.. Defendant No. Statement of Defendant on Plea of Guilty to Sex Offense (STTDFG) 1. My true name is:. 2. My age is:. 3.
More informationKidnapping. Joseph & His Brothers - Charges
Joseph & His Brothers - Charges 2905.01 Kidnapping No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another
More informationBARRIER CRIMES FOR CHILD DAY PROGRAMS
BARRIER CRIMES FOR CHILD DAY PROGRAMS including Revised May 2011 Licensed child day centers Religiously exempt child day centers Certified pre-schools Licensed family day homes Voluntarily registered family
More informationFact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) CATEGORY B FELONIES
Fact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) RESEARCH DIVISION REVISED FEBRUARY 2018 LEGISLATIVE COUNSEL BUREAU CATEGORY B FELONIES the maximum term of imprisonment
More informationSENATE BILL NO. 35 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED
SENATE BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: // Referred: Judiciary, Finance A
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 63. Short Title: Citizens Protection Act of (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL Short Title: Citizens Protection Act of. (Public) Sponsors: Referred to: Representatives Warren, Collins, Jordan, and Adams (Primary Sponsors).
More informationSEALING YOUR JUVENILE RECORDS
SEALING YOUR JUVENILE RECORDS What are my Juvenile Records? The documents and Court Orders in your juvenile court file which relate to your case. Some juvenile records might also be kept by the Probation
More information2017 South Carolina Bar Convention. Criminal Law Section Seminar (Part 1) Friday, January 20, 2017
2017 South Carolina Bar Convention Criminal Law Section Seminar (Part 1) Friday, January 20, 2017 presented by The South Carolina Bar Continuing Legal Education Division SC Supreme Court Commission on
More informationCHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165
CHAPTER 2018-128 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165 An act relating to written threats to conduct mass shootings or acts of terrorism; amending
More informationTEXAS CODE OF CRIMINAL PROCEDURE PROTECTIVE ORDERS AT A GLANCE
Predicate Crime (Penal Code section ( )) VICTIMS OF CRIMES MOTIVATED BY BIAS PREJUDICE Homicide (ch. 19) Kidnapping, unlawful restraint, and smuggling of persons (ch. 20) Trafficking of persons (ch. 20A)
More informationSUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR SENATE BILL NO. 40
SESSION OF 2017 SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR SENATE BILL NO. 40 As Recommended by House Committee on Judiciary Brief* House Sub. for SB 40 would amend the law concerning human trafficking,
More informationTerrorist Material Support: A Sketch of 18 U.S.C. 2339A and 2339B
Terrorist Material Support: A Sketch of 18 U.S.C. 2339A and 2339B Charles Doyle Senior Specialist in American Public Law December 8, 2016 Congressional Research Service 7-5700 www.crs.gov R41334 Summary
More information(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
18 U.S.C. 3553 : Imposition of a sentence (a) Factors To Be Considered in Imposing a Sentence. - The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 556 U. S. (2009) 1 SUPREME COURT OF THE UNITED STATES No. 08 5274 CHRISTOPHER MICHAEL DEAN, PETITIONER v. UNITED STATES ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
More informationJuvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7
Juvenile Proceedings Scripts - Table of Contents Juvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7 SCRIPT FOR AN ADJUDICATION
More informationCHAPTER Committee Substitute for Committee Substitute for House Bill No. 343
CHAPTER 2017-81 Committee Substitute for Committee Substitute for House Bill No. 343 An act relating to payment card offenses; amending s. 817.625, F.S.; revising definitions; revising terminology; revising
More informationCHAPTER House Bill No. 1845
CHAPTER 2001-233 House Bill No. 1845 An act relating to the criminal use of personal information; amending s. 817.568, F.S.; providing that the willful and fraudulent use of personal identification information
More information2014 ANALYSIS AND RECOMMENDATIONS WISCONSIN
2014 ANALYSIS AND RECOMMENDATIONS WISCONSIN FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More informationANALYSIS AND RECOMMENDATIONS NORTH DAKOTA
ANALYSIS AND RECOMMENDATIONS NORTH DAKOTA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state sex trafficking law addresses sex trafficking and clearly
More informationEileen Hirsch Robert LeBell Marcus Berghahn. Adam Walsh Act: The Federal Sex Offender Registry & So Much More
Eileen Hirsch Robert LeBell Marcus Berghahn Adam Walsh Act: The Federal Sex Offender Registry & So Much More Introduction An overview of the Adam Walsh Act Federal Civil Commitment Implementation Issues
More informationSENATE, No. 881 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) SYNOPSIS Amends special probation statute to give
More informationNCSL SUMMARY P.L (HR 4472)
1 of 6 5/17/2007 8:29 AM NCSL SUMMARY P.L. 109-248 (HR 4472) Adam Walsh Child Protection and Safety Act of 2006 Congressional Action March 8, 2006: Passed House by voice vote July 20, 2006: Passed Senate
More informationBail: An Abridged Overview of Federal Criminal Law
Bail: An Abridged Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law July 31, 2017 Congressional Research Service 7-5700 www.crs.gov R40222 Summary This is an overview
More information2015 ANALYSIS AND RECOMMENDATIONS SOUTH DAKOTA
2015 ANALYSIS AND RECOMMENDATIONS SOUTH DAKOTA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More informationSENATE BILL No Introduced by Senators Lara and Mitchell. February 16, 2018
SENATE BILL No. 1391 Introduced by Senators Lara and Mitchell February 16, 2018 An act to amend Section 707 of the Welfare and Institutions Code, relating to juveniles. legislative counsel s digest SB
More informationBrief Review of Federal and State Definitions of the Terms Gang, Gang Crime, and Gang Member (as of December 2014)
of the Terms Gang, Gang Crime, and Gang Member (as of December 2014) Federal Law Currently, federal law defines the term criminal street gang as an ongoing, club, organization, or association of five or
More information6/13/2016. Second Chances Setting Aside a Juvenile Adjudication. Why Expunge an Adjudication (aren t juvenile records sealed)?
Second Chances Setting Aside a Juvenile Adjudication Why Expunge an Adjudication (aren t juvenile records sealed)? It is often assumed that a juvenile adjudication is a private sanction with a built in
More informationCOMPLAINT FELONY DISTRICT: CIRCUIT: CTN: MSP #: STATE OF MICHIGAN 36 JUDICIAL DISTRICT 3RD JUDICIAL CIRCUIT
STATE OF MICHIGAN 36 JUDICIAL DISTRICT 3RD JUDICIAL CIRCUIT COMPLAINT FELONY DISTRICT: CIRCUIT: CTN: 96-11901006-01 MSP #: District Court ORI: MI820615J Circuit Court ORI: MI821095J AG ORI: MI820025A THE
More informationWhen a State Felony is not A Federal Felony. Carachuri-Rosendo v. Holder
When a State Felony is not A Federal Felony Carachuri-Rosendo v. Holder Federal Felony Definition, generally: a conviction punishable by a term that exceeds one year imprisonment If the term exceeding
More informationSummary: First Step Act, S. 756 (115th Congress, 2018)
Summary: First Step Act, S. 756 (115th Congress, 2018) FAMM s position on the First Step Act: FAMM supports the First Step Act. While the bill is not perfect, it will bring much-needed reform to federal
More informationHOUSE AMENDMENT Bill No. HB 737
Senate CHAMBER ACTION 1.... House 2.. 3.. 4 5 ORIGINAL STAMP BELOW 6 7 8 9 10 11 The Council for Healthy Communities offered the following: 12 13 Substitute Amendment for Amendment (155961) (with title
More informationFlorida Senate SB 448 By Senator Margolis
By Senator Margolis 1 A bill to be entitled 2 An act relating to elder abuse and neglect; 3 creating s. 825.108, F.S.; requiring that a 4 case worker or protective investigator from the 5 Department of
More informationSENTENCING IN SUPERIOR COURT. Jamie Markham (919) STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING
SENTENCING IN SUPERIOR COURT Jamie Markham markham@sog.unc.edu (919) 843 3914 STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING 1. Determine the applicable law 2. Determine the offense class 3.
More informationADMINISTRATION S WHITE PAPER ON INTELLECTUAL PROPERTY ENFORCEMENT LEGISLATIVE RECOMMENDATIONS
ADMINISTRATION S WHITE PAPER ON INTELLECTUAL PROPERTY ENFORCEMENT LEGISLATIVE RECOMMENDATIONS MARCH 2011 INTRODUCTION On June 22, 2010, the U.S. Intellectual Property Enforcement Coordinator (IPEC) issued
More informationReferred to Committee on Judiciary. SUMMARY Revises the penalties imposed for certain crimes. (BDR )
S.B. SENATE BILL NO. SENATORS ATKINSON, SEGERBLOM, PARKS, FORD; FARLEY, RATTI AND SPEARMAN MARCH, 0 Referred to Committee on Judiciary SUMMARY Revises the penalties imposed for certain crimes. (BDR -)
More informationINTRODUCTION TO THE SENTENCING GUIDELINES
INTRODUCTION TO THE SENTENCING GUIDELINES Where to find the Guidelines ONLINE at www.ussc.gov/guidelines In print from Westlaw Chapter Organization Chapter 1 Introduction Chapter 2 Offense Conduct Chapter
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017
H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 HOUSE BILL Second Edition Engrossed // PROPOSED SENATE COMMITTEE SUBSTITUTE H-PCS0-TY- D Short Title: Revise Gang Laws. (Public) Sponsors: Referred to: February,
More informationH 7075 SUBSTITUTE A AS AMENDED ======== LC003045/SUB A ======== S T A T E O F R H O D E I S L A N D
01 -- H 0 SUBSTITUTE A AS AMENDED LC000/SUB A S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO CRIMINAL OFFENSES -- WEAPONS Introduced By: Representatives
More information