Cracking Down on Gangs and Deporting Criminals Act of 2020
This bill provides for additional instances when the prison sentence may be increased by up to ten years for an individual involved in a criminal street gang and is convicted of certain crimes, and contains other related provisions.
Currently, the increased prison sentence applies to certain offenses related to (1) controlled substances, (2) violence involving physical force, or (3) human trafficking or sexual abuse. The bill establishes that certain offenses related to deriving income from or participating in a pattern of racketeering activity or collection of unlawful debt shall also be eligible for the sentence increase.
The bill also expands the circumstances in which an individual may be considered to be involved in a criminal street gang and thus be eligible for the sentence increase.
In addition, the Department of Justice (DOJ) shall establish and maintain a national criminal street gang database. If an individual who is convicted and eligible for such a sentence enhancement is an alien, DOJ shall report the sentence enhancement to the Department of Homeland Security and the individual shall be subject to removal proceedings.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4238 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4238
To amend title 18, United States Code, relating to criminal street
gangs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2020
Mrs. Loeffler (for herself, Mrs. Blackburn, and Mr. Cotton) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, relating to criminal street
gangs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cracking Down on Gangs and Deporting
Criminals Act of 2020''.
SEC. 2. CRIMINAL STREET GANGS.
Section 521 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``the circumstances''
and inserting ``a circumstance'';
(2) in subsection (c)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(5);
(C) by inserting after paragraph (3) the following:
``(4) an offense under section 1962; and''; and
(D) in paragraph (5), as so redesignated, by
striking ``or (3)'' and inserting ``(3), or (4)'';
(3) in subsection (d)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1)(A) participates in a criminal street gang with
knowledge that its members engage in or have engaged in a
continuing series of offenses described in subsection (c);
``(B) intends to promote or further the felonious
activities of the criminal street gang or maintain or increase
his or her position in the gang;
``(C) intends to acquire or maintain, directly or
indirectly, through illegal activity by or on behalf of a
criminal street gang, or proceeds derived therefrom any
interest in or control of any real or personal property of any
nature, including money;
``(D) occupies a position of organizer, supervisory
position, or any other position of management or leadership
with regard to a criminal street gang;
``(E) intends to cause, encourage, solicit, recruit, or
coerce another to become a member or associate of a criminal
street gang, to participate in a criminal street gang;
``(F) communicates, directly or indirectly, with another
person any threat of injury or damage to the person or property
of the other person or of any associate or relative of the
other person with the intent to deter such person from
assisting a member or associate of a criminal street gang to
withdraw from such criminal street gang;
``(G) communicates, directly or indirectly, with another
person any threat of injury or damage to the person or property
of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against
such person for having withdrawn from a criminal street gang;
``(H) communicates, directly or indirectly, with another
person any threat of injury or damage to the person or property
of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against
such person for refusing to or encouraging another to refuse to
become or obtain the status of a member or associate of a
criminal street gang;
``(I) communicates, directly or indirectly, with another
person any threat of injury or damage to the person or property
of the other person or of any associate or relative of the
other person with the intent to punish or retaliate against
such person for providing statements or testimony against
criminal street gangs or any criminal street gang member or
associate; or
``(J) communicates, directly or indirectly, with another
person any threat of injury or damage to the person or property
of the other person or of any associate or relative of the
other person with the intent to intimidate, deter, or prevent
such person from communicating to any law enforcement or
corrections officer, prosecuting attorney, or judge information
relating to criminal street gangs, or criminal street gang
members or associates; and''; and
(B) by redesignating paragraph (3) as paragraph
(2); and
(4) by adding at the end the following:
``(e) Criminal Street Gang Database.--
``(1) In general.--The Attorney General shall establish and
maintain a national criminal street gang database to facilitate
the exchange of information between Federal, State, and local
law enforcement agencies, prosecution and corrections agencies,
offices, and departments.
``(2) Reporting of criminal street gang data.--Each State
and unit of local government that receives Federal funds under
subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall submit
to the Attorney General such information relating to criminal
street gangs as the Attorney General may require to be included
in the criminal street gang database established under
paragraph (1).
``(f) Aliens Associated With Criminal Gangs.--If the sentence of an
alien is enhanced under this section, or the sentence is eligible for
enhancement regardless of whether such enhancement is actually applied
or sought, the Attorney General shall report such sentence enhancement
to the Department of Homeland Security, and the alien shall be subject
to removal in accordance with section 241 of the Immigration and
Nationality Act (8 U.S.C. 1231).
``(g) Reporting.--Not later than 1 year after the date of enactment
of the Cracking Down on Gangs and Deporting Criminals Act of 2020, and
each year thereafter, each United States Attorney shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report detailing the--
``(1) number of cases for which a sentence enhancement was
sought under this section; and
``(2) the actual sentences imposed in the cases described
in paragraph (1).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S4351)
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