To amend title 18, United States Code, to create an offense of solicitation or recruitment of persons in criminal street gang activity.

May 9, 2001

Mr. GALLEGLY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend title 18, United States Code, to create an offense of solicitation or recruitment of persons in criminal street gang activity.

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 `Anti-Gang Violence Act of 2001'.

SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG ACTIVITY.

(a) PROHIBITED CONDUCT- Chapter 26 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 522. Recruitment of persons to participate in criminal street gang activity

`(a) PROHIBITED CONDUCT- It shall be unlawful for any person, to use any facility in, or travel in, interstate or foreign commerce, or cause another to do so, to recruit, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent that the person being recruited, solicited, induced, commanded, or caused to be or remain a member of such gang participate in an offense described in section 521(c).

`(b) PENALTIES-

`(1) IN GENERAL- Whoever violates subsection (a) shall, if the person recruited, solicited, induced, commanded, or caused--

`(A) is a minor, be imprisoned not less than 4 years and not more than 10 years, and fined under this title; or

`(B) is not a minor, be imprisoned not less than 1 year and not more than 10 years, and fined under this title.

`(2) LIABILITY FOR CERTAIN COSTS- The court may, at the time of sentencing a person convicted of violating subsection (a), order that the person shall be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor attains the age of 18 years.

`(c) DEFINITIONS- In this section:

`(1) CRIMINAL STREET GANG- The term `criminal street gang' has the meaning given the term in section 521.

`(2) MINOR- The term `minor' means a person who is younger than 18 years of age.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended by adding at the end the following:

`522. Recruitment of persons to participate in criminal street gang activity.'.

SEC. 3. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended--

(1) in subsection (b), by striking `one year' and inserting `3 years'; and

(2) in subsection (c), by striking `one year' and inserting `5 years'.

SEC. 4. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

(a) IN GENERAL- Chapter 1 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 25. Use of minors in crimes of violence

`(a) PENALTIES- Except as otherwise provided by law, whoever, being not less than 18 years of age, knowingly and intentionally uses a minor to commit a Federal offense that is a crime of violence, or to assist in avoiding detection or apprehension for such an offense, shall--

`(1) be subject to 2 times the maximum imprisonment and 2 times the maximum fine that would otherwise be imposed for the offense; and

`(2) for second or subsequent convictions under this subsection, be subject to 3 times the maximum fine that would otherwise be imposed for the offense.

`(b) DEFINITIONS- In this section:

`(1) CRIME OF VIOLENCE- The term `crime of violence' has the meaning given the term in section 16 of this title.

`(2) MINOR- The term `minor' means a person who is less than 18 years of age.

`(3) USES- The term `uses' means employs, hires, persuades, induces, entices, or coerces.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following:

25. Use of minors in crimes of violence.'.

END