A bill to revise title 18 of the United States Code, and for other purposes.

Criminal Code Revision Act of 1980 - Title I: Revision of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings.

Subtitle I: Provisions of General Applicability - Sets forth 32 general definitions. Defines Federal jurisdiction as including the general and special (territorial, maritime, and aircraft) jurisdiction of the United States, specified aspects of extraterritorial jurisdiction, and Indian country jurisdiction. Provides that the separate sections describing offenses may specify circumstances giving rise to Federal jurisdiction.

Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction over the offense. Requires that such guidelines provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served, and take into consideration the following factors: (1) the relative gravity of the Federal offense and the State or local offense; (2) the nature and extent of the Federal interest in the investigation; and (3) the resources available to the Federal, State, and local authorities.

Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise.

Requires the court, upon motion of the defendant, to determine before trial the issues of fact bearing on the existence of Federal jurisdiction over an offense.

Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption.

Limits to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Specifies matters of law requiring no proof of state of mind, including jurisdiction, bars to prosecution, and defenses.

Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal because of insufficient evidence is a bar to prosecution), or that the defendant does not belong to the class of persons who by definition are the only ones capable of directly committing the offense.

Allows a defendant to be convicted of an offense based on the conduct of another person only if such defendant knowingly and with specific intent induced or aided the commission of the offense.

Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the commission of the offense, but allows the court upon motion of the Attorney General to determine that the nonapplicability of such bar is in the interest of justice with respect to a defendant who has attained the age 16 years and is alleged to have committed a class A, B, or C felony. (Under current law the age of 16 years bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by ten or more years of imprisonment.)

Provides for a general statute of limitations of: (1) five years for a felony; and (2) three years for a misdemeanor or infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses.

Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection or persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement.

Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government process, including obstruction of government, obstruction of law enforcement, obstruction of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving revenue, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, nongovernmental bribery, and investment, monetary, and antitrust offenses; and (9) miscellaneous offenses, including racketeering, drug offenses, explosives and weapons offenses, riot offenses, gambling and sexual exploitation of children, and public health offenses.

Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense.

Includes among new Federal crimes: (1) obstructing by force the following government functions: the service or attempted service or execution of any authorized legal or judicial document, the performance of extradition duties, the performance of duties under a court order, the passage of the United States mail, and the execution by a law enforcement officer of an arrest; (2) false swearing; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device with intent that it be used unlawfully; (6) endangerment, defined as violating specified provisions of the Federal Mine Safety and Health Act, the Occupational Safety and Health Act, the Federal Hazardous Substances Act, the Public Health Service Act, the Federal Food, Drug, and Cosmetic Act, and the provision of this Act relating to environmental pollution, where such violation places a person in imminent danger of death or serious bodily injury, if such conduct manifests an unjustified disregard for the life of such person; (7) trafficking in stolen property; (8) trafficking in counterfeit labels for sound recordings, motion pictures, and audiovisual works; and (9) operating a racketeering syndicate. Provides for the offenses of "obstruction of official proceedings by fraud" and "government program bribery."

Revises numerous offenses, including the following changes. Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired.

Revises "espionage" and certain offenses relating to the dissemination of classified information to cross-reference to the following existing laws: the Atomic Energy Act of 1954, the Espionage and Sabotage Act of 1954, and the Subversive Activities Control Act of 1950.

Modifies the offense of "failing to appear as a defendant" to: (1) include the failure to surrender for service of sentence pursuant to a court order; and (2) vary the penalties according to the category of offense.

Revises "criminal contempt" to: (1) prohibit disobedience or resistance to lawful court orders, unless the alleged contemnor took reasonable and timely steps to obtain judicial review of the order or such order is constitutionally invalid.

Modifies "obstruction of justice" to detail prohibited activities with respect to tampering with a witness or an informant.

Amends "making a false statement" to: (1) consolidate numerous false statement statutes under current law; and (2) prohibit the knowing submission of false material in a government matter under specified circumstances.

Revises "tax evasion" to cross-reference to existing prohibitions under the Internal Revenue Code.

Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); (3) eliminate the requirement (Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of federally protected rights; and (4) prohibit discrimination based on sex (current law includes race, color, religion, or national origin).

Revises "sex offenses" to: (1) apply such offenses without distinction as to the sex of the offender or victim; (2) redesignate rape as aggravated criminal sexual conduct; (3) include additional acts with respect to such redesignated offense; (4) make punishable aggravated criminal sexual conduct towards one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (5) modify the offense of sexual assault (redesignated as criminal sexual conduct) to add the act of compelling a person to participate by threat or placing such person in fear; and (6) provide, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and add as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years).

Modifies the offense of "extortion" to provide that it is not a defense to prosecution that the conduct constituting the offense was in furtherance of a legitimate objective or activity (see United States v. Enmons, 410 U.S. 396 (1973)).

Consolidates numerous theft statutes under current law.

Broadens the application of the offense of "laundering racketeering proceeds."

Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion).

Modifies "drug offenses" to: (1) increase the penalty for simple possession of 100 grams or more of an opiate; and (2) make possession of 30 grams (approximately one ounce) or less of marihuana an infraction.

Imposes a mandatory one-year minimum sentence for the first offense of "using a firearm or explosive in the course of a crime." Imposes a mandatory two-year minimum sentence for the second or subsequent offense, and stipulates that such sentence shall be served consecutively to any term of imprisonment imposed.

Requires, with respect to the offense of "inciting or leading a riot," the existence of circumstances which render it likely that the prohibited incitement will cause a riot. Redefines "riot" as involving ten or more persons (three in current law).

Prohibits the transfer or exhibition of obscene material to a minor or to any person where there is no opportunity to avoid such exposure.

Makes a person guilty of the offense of "environmental pollution" for violating specified provisions of the Federal Water Pollution Control Act, the Clean Air Act, the Noise Control Act, and the Solid Waste Disposal Act.

Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); (3) the Mann Act (which prohibits the transportation of women in commerce for immoral purposes); and (4) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces.

Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to: (1) a term of conditional discharge or probation; (2) a fine; or (3) a term of imprisonment. Permits an organization to be sentenced to: (1) a term of conditional discharge; or (2) a fine.

Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to (A) assure that the severity of the sentence is related to the culpability of the offender and the harm done, (B) assure that similarly placed offenders receive similar sentences, (C) promote respect for the law, (D) deter criminal conduct, (E) protect the public, (F) provide the defendant with needed training; (G) provide restitution to victims, and (H) reconcile the victim, community, and offender; (3) the kinds of sentences available; and (4) the applicable sentencing guidelines prescribed by the Judicial Conference of the United States.

Requires the court to impose a sentence consistent with the guidelines set forth by the Judicial Conference unless the court finds that an aggravating or mitigating circumstance should result in another sentence. Requires the court to state on the record the reasons for imposing a particular sentence, or the specific reasons for imposing a sentence different from that provided for in the guidelines. Requires a presentence hearing to determine any unresolved issue of fact that is essential to the sentencing decision.

Allows a defendant who is found guilty of an offense to be sentenced to conditional discharge, unless the offense is a class A felony or the defendant is sentenced at the time to probation or imprisonment. Specifies the considerations of the court in imposing such sentence and conditions which may be attached to such sentence.

Authorizes imposition of a term of probation with respect to all but class A felonies, or where the defendant is sentenced at the same time to conditional discharge or imprisonment. Lists permissible terms of probation for each category of offenses. Requires as mandatory conditions of probation that a defendant not commit another crime and make restitution when practical. Enumerates 18 discretionary conditions of probation.

Allows a defendant who is found guilty of an offense to be sentenced to make restitution to the victim, unless the offense violates the provisions relating to investment, monetary, and antitrust offenses or the crime of "fraud in a regulated industry." Directs the court not to impose a sentence of restitution if it will unduly complicate or prolong the sentencing process. Sets forth provisions relating to authorized payments for types of offenses, considerations in imposing such a sentence, conditions of such a sentence, restitution imposed upon an organization, and enforcement.

Requires, when a defendant is alleged to have violated a condition of a sentence of conditional discharge, probation, or restitution that the appropriate court hold a preliminary hearing to find probable cause if such violation has occurred. Sets forth the powers of the court upon a finding. Requires a revocation hearing to be held within 60 days of any such finding. Sets forth the powers of the court upon a determination by the preponderance of the evidence that the defendant has violated any such sentence.

Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Sets forth provisions relating to considerations in imposing such a sentence, conditions of such a sentence, payment of fines by organizations, modification or remission, and enforcement.

Sets maximum terms of imprisonment for five classes of felonies (A to E), and three classes of misdemeanors (A to C). Prohibits the court from considering the defendant's need for correctional treatment as a justification for imposing a term of imprisonment or in determining the length of a term of imprisonment. Prescribes guidelines relative to the modification of a term and the running of concurrent and consecutive terms of imprisonment. Authorizes the court to designate a defendant under the age of 21 years a youthful offender upon a finding that such defendant will benefit from placement in a separate facility of institution pursuant to this Act.

Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Retains the National Institute of Corrections in the Bureau and the Advisory Corrections Council. Continues the Federal Prison Industries.

Allows a defendant to: (1) appeal any sentence on the ground that it is not authorized by law; (2) appeal any sentence other than one imposed for an infraction on the ground that such sentence is based on an inapplicable sentencing guideline, exceeds the maximum prescribed by the guideline and is unreasonable, or is a sentence for which no guideline has been prescribed and is unreasonable; or (3) petition for leave to appeal a felony sentence within the guideline on the ground that it is unreasonable. Authorizes the court of appeals to resentence the defendant or remand for resentencing upon specified determinations, but stipulates that a new sentence shall not be more severe that the sentence appealed.

Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Requires that the guidelines: (1) be based on categories of offenders derived from relevant history and characteristics of defendants sentenced in Federal court and categories of offenses derived from the nature and circumstances or the offenses for which such defendants are convicted; and (2) be reported to Congress by May 1st of the year they are to become effective and take effect 180 days later, subject to congressional action.

Establishes within the Judicial Conference a seven-member Committee on Sentencing to collect information and recommend sentencing guidelines and standards with respect to plea bargaining and the designation of youthful offenders. Requires that the Committee membership: (1) consist of four judges and three persons who are not judges; and (2) reflect a variety of backgrounds and participation and interest in the Federal criminal justice system.

Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer.

Carries forward, generally unchanged, current law relating to parole. Makes a prisoner eligible for release after serving one-half of a term of imprisonment over one year (currently one-third), or after serving ten years of a life sentence or sentence over 20 years (currently 30 years). Includes among the items to be considered by the Parole Commission in making a parole release determination: (1) the specific reasons for the sentence imposed; and (2) any transcript of the district court proceedings that are relevant to sentencing.

Subtitle IV: Administration and Procedure - Restates the procedural requirement for the appointment of counsel in criminal cases. Retains the current compensation rates for such services. Adds to the existing circumstances under which a district court must furnish representation for persons financially unable to obtain adequate representation: (1) modification of the term or conditions of sentence of conditional release or probation; and (2) the preliminary and revocation hearing with respect to alleged violations of a sentence of conditional discharge, probation, or parole.

Carries forward current law regarding an appeal by the United States in a criminal case to a court of appeals.

Continues the existing authority of the Supreme Court to prescribe rules and procedures in criminal cases (retains the current period of 90 days for congressional review).

Leaves current law generally unchanged with respect to the following arrest, law enforcement, and other preliminary matters: (1) indictment and list of jurors and witnesses for prisoner in capital cases; (2) demands for production of statements and reports of witnesses; (3) power of courts and magistrates; (4) extraterritorial jurisdiction; (5) security of the peace and good behavior; (6) warrant for removal; (7) powers of the Federal Bureau of Investigation; (8) powers of marshals and deputies; (9) powers of certain officers relating to offenses involving animals and birds; (10) powers of the Secret Service; (11) bankruptcy investigationss; (12) interned belligerent nationals; (13) rewards and appropriations; (14) powers of postal personnel; (15) preliminary examinations; and (16) surrender of youthful offenders to State authorities.

Carries forward current law regarding extradition and the transfer of offenders to and from foreign countries. Enacts into law the Interstate Agreement on Detainers.

Retains current law regarding the immunity of witnesses and jurisdiction and venue.

Leaves generally unchanged current law regarding juvenile delinquency. Requires that a juvenile charged with committing an offense who is not surrendered to State authorities be proceeded against pursuant to the juvenile delinquency procedures unless the court determines that the juvenile shall be treated as a adult because the immaturity bar to prosecution does not apply. Requires the court in determining whether a juvenile shall be treated as an adult to consider whether juvenile disposition will reflect the seriousness of the juvenile's conduct, promote respect for the law, and provide a just response to the conduct of the juvenile.

Revises the procedures to be followed by Federal courts with respect to an offender suffering from mental incompetence. Directs the court to order a screening examination whenever there is reasonable cause to believe that the defendant lacks competence, but allows a defendant to request a hearing based on the report of a qualified mental health examiner after a more thorough examination. Specifies material to be included in such report. Directs the court, after determining at such hearing that the defendant is not competent, to hold a subsequent hearing to determine: (1) whether there is substantial probability that the defendant can be restored to competence with a certain maximum period; and (2) if so, the appropriate treatment. Directs the court to release a defendant of all charges (except class A or B felonies) if: (1) the defendant does not request an opportunity to be restored; (2) there is no substantial probability that the defendant can be restored, or if the defendant has received a certain period of treatment (current law does not provide for the screening examination or subsequent hearing).

Directs the Secretary of Health, Education, and Welfare to prescribe rules with respect to the use of psychosurgery, electric shock treatment, and protracted use of psychotropic drugs on mentally incompetent defendants. Requires that such rules: (1) entitle the person treated to accept, refuse, or revoke an acceptance of, proposed treatment; and (2) require informed consent in accordance with specified guidelines.

Amends the Federal Rules of Criminal Procedure to permit a defendant to be found not guilty by reason of insanity. Directs a court which determines that there is probable cause to believe that a person who is found: (1) not guilty by reason of insanity; (2) incompetent with no substantial probability of improvement; or (3) incompetent and has not recovered after the end of the maximum period, presently suffers from a mental disease or defect as a result of which such person's release would create a substantial likelihood of serious injury to the person or property of another, to deliver such person to State authorities for possible civil commitment.

Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment.

Carries forward certain provisions of current law regarding the release of offenders.

Restates certain search warrant provisions in current law. Prohibits any Federal agency from installing or using a "pen register" (a mechanical device which records the numbers dialed on a telephone line to which it is attached) without first obtaining a court order pursuant to specified procedures. Allows a law enforcement officer specially designated by the Attorney General to install and use a pen register without a court order if an emergency situation exists with respect to life threatening criminal activities and grounds exist for the authorization of such use.

Carries forward current law regarding special grand juries (leaving unchanged the reporting requirements).

Restates certain provisions of current law regarding speedy trial (as amended by the Speedy Trial Act Amendments of 1979, Public Law 96-43). Deletes certain provisions relating to district court plans for the disposition of criminal cases.

Retains current provisions regarding the exercise of criminal jurisdiction by United States magistrates (as amended by Public Law 96-82).

Restates current law regarding witnesses and evidence.

Subtitle V: Ancillary Civil Proceedings - Reenacts the current civil remedies provisions dealing with restraint of racketeering, as provided in title IX of the Organized Crime Control Act of 1970.

Prohibits a person acting under color of Federal law from imposing on a person any civil disability primarily because of such person's conviction of a Federal offense, with specified exceptions.

Prohibits a Federal, State, or local government agency from denying a person employment primarily because of such person's conviction of a Federal offense, with specified exceptions.

Authorizes the court in which a person is convicted or an offense (other than a class A felony) to issue an order, upon application of such person, providing relief from certain collateral results of such offense under specified circumstances.

Restates generally the current provision authorizing a civil action against an eavesdropping offender.

Title II: Reenactment of Portions of Title 18, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Provides that this title is "to be supplied."

Title III: Effective Date - Makes this Act effective on January 1, 1983, and applies its provisions to conduct occurring on and after such date.