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S. 1236Became Law

Criminal Law and Procedure Technical Amendments Act of 1986

(Measure passed House, amended)

Criminal Law and Procedure Technical Amendments Act of 1986 - Makes technical and conforming changes to the Federal criminal code, the Federal judicial code, and the Federal Rules of Criminal Procedure.

Waives the residency requirement for any judge holding a full-time position on the United States Sentencing Commission.

Requires the court, when not ordering restitution (or ordering only partial restitution) as part of a sentence, to include in the statement the reasons therefor.

Eliminates the discharge of liability for unexecuted fines or other punishment which was granted by the fulfillment of the terms and conditions of probation.

Provides that a period of supervised release shall run concurrently with any term of imprisonment of less than 30 days.

Authorizes the Director of the Administrative Office of the United States Courts to contract, subject to appropriations, with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are alcohol or drug-dependent.

Authorizes courts to order restitution in lieu of other criminal penalties if the offense is a misdemeaner.

Amends the Federal Rules of Criminal Procedure to grant courts the authority to order the defendant to submit to an examination to determine whether he has the mental capacity to stand trial.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.

Includes all Delegates to Congress within the definition of "public official" as it pertains to certain prohibitions in the Federal criminal code. (Current law includes only the Delegates from the District of Columbia within such definition.)

Authorizes the U.S. Marshals Service to credit all fees, commissions, and services collected to such Service's appropriation.

Makes technical changes to the Victims of Crime Act of 1984.

Establishes a maximum sentence of ten years imprisonment for an accessory after the fact, if the principal is punishable by a life sentence.

Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to add certain new predicate offenses (tampering with and retaliating against a witness, victim, or informant).

States that the obstruction of justice provisions of the Federal criminal code do not prohibit the providing of lawful legal representation.

States that a person found guilty of an offense shall be released pending appeal where the judicial officer finds that such appeal will likely result in a sentence that does not include a term of imprisonment.

Provides criminal penalties for: (1) providing contraband materials to prisoners; and (2) possessing contraband materials in prison. (Current law prohibits trafficking in contraband articles in prison.)

Includes detention facilities as a class of institution within the mutiny and riot provisions of the Federal criminal code.

Amends the Federal Rules of Criminal Procedure regarding a conditional ruling on a motion for a new trial.

Allows the U.S. Parole Commission to modify the conditions of parole without regard to the ten-day response period if such modification is required to prevent harm to the parolee or to the public.

Amends the Federal criminal code to make technical changes regarding the offense of Federal program theft and bribery.

Provides enhanced criminal penalties for threats to assault, kidnap, or murder certain Federal officials. (Current law provides such enhanced penalties for threats made against family members of such officials.)

Provides enhanced criminal penalties for killing or attempting to kill a person to prevent a witness from testifying or to prevent the production of evidence.

Makes it a Federal criminal offense to assassinate, kidnap, or assault a major Presidential or Vice Presidential candidate.

Provides criminal penalties for the communication of certain threats in foreign (as well as interstate) commerce.

Makes it a Federal criminal offense to trepass on Bureau of Prisons property. (Currently, trespass on such property is prosecuted under the Assimulative Crime Act.) Increases the number of offenses for which Bureau of Prison personnel can make arrests without warrants to include assaults on officers, theft, depredation of property, destruction of property, and trespass.

Authorizes the Director of the Bureau of Prisons to enter into contracts with States or territories for the exchange of prisoners.

Authorizes the Attorney General to accept donations for use by the Bureau of Prisons. Authorizes the chief executive officer of a Federal penal or correctional facility to order autopsies under certain circumstances.

Includes extortion of federally insured banks as a bank robbery offense.

Authorizes the Attorney General to appoint interim United States Attorneys when vacancies occur. (Current law authorizes the appropriate district court to make such appointments.)

Requires that at least half the money in the Crime Victims Fund allocated for Federal use be used to provide services for victims of Federal crimes. (Current law requires that not more than half of such funds go for such purposes.)

Provides that the court of appeals, in reversing a sentencing decision, must remand the case for further sentencing proceedings.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to the seizure of property.

Modifies the standards for imposing restitution. Authorizes the Attorney General to enforce a restitution order in the manner provided for the collection of fines.

Eliminates the presentencing requirement that the court give notice to the defendant and the government that it is considering imposing an order of restitution.

Requires the court to consider the need to provide restitution to the victim of the offense when determining the sentence to be imposed.

Provides crime victim grant recipients with additional time to determine how to expend its grant.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractural agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act.

Sexual Abuse Act of 1986 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: (1) aggravated sexual abuse; (2) sexual abuse; (3) sexual abuse of a minor or ward; and (4) abusive sexual conduct.

Defines aggravated sexual abuse as knowingly causing another person to engage in sexual conduct by: (1) using force against that person; or (2) threatening or placing that person in fear of death, serious bodily injury, or kidnapping. Provides additional penalties when that person is a child (under 12 years of age).

Defines sexual abuse as: (1) knowingly causing another person to engage in sexual conduct by threatening or placing that person in fear that another person will be subjected to death, serious bodily harm, or kidnapping; or (2) engaging in sexual conduct with another person who is incapable of appreciating the nature of the conduct or of declining participation.

Defines the sexual abuse of a minor as knowingly engaging in a sexual act with another person who is: (1) between the ages of 12 and 16; and (2) at least four years younger. Defines the sexual abuse of a ward as knowingly engaging in a sexual act with another person who is: (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging. Establishes defenses for the sexual abuse of a minor or ward by establishing that: (1) the defendant believed the other person had attained the age of 16; or (2) the persons engaged in the sexual act were married to each other at that time.

Defines abusive sexual conduct for the purposes of this Act.

Repeals the chapter on rape. Makes conforming changes to the Public Health Service Act, the Juvenile Justice and Delinquency Prevention Act of 1974, the Mental Health Systems Act, and the Federal Aviation Act.

Became Public Law No: 99-646.

Sen. Thurmond, Strom [R-SC](R-SC)Sponsor
3 cosponsors2 D1 R
3cosponsors2committees27actions3amendments93subjects
  • Public LawNov 11, 1986
  1. PresidentE40000

    Became Public Law No: 99-646.

  2. BecameLaw36000

    Became Public Law No: 99-646.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Floor

    Measure Signed in Senate.

  8. ResolvingDifferences

    Senate agreed to the House amendment by Voice Vote.

  9. NotUsed20500

    Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.

  10. Floor

    Message on House action received in Senate and held at desk: House amendments to Senate bill.

  11. FloorH37100

    Passed House (Amended) by Voice Vote.

  12. Floor8000

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

  13. FloorH30000

    Called up by House by Unanimous Consent.

  14. DischargeH12300

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  15. Committee5500

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  16. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  17. Floor

    Passed Senate with amendments by Voice Vote.

  18. Floor17000

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

  19. Floor

    Measure laid before Senate by unanimous consent.

  20. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 596.

  21. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond under the authority of the order of Mar 27, 86 with an amendment in the nature of a substitute. With written report No. 99-278.

    Judiciary Committee
  22. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond under the authority of the order of Mar 27, 86 with an amendment in the nature of a substitute. With written report No. 99-278.

    Judiciary Committee
  23. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  24. Committee

    Committee on Judiciary. Subcommittee on Criminal Law discharged from further consideration.

    Judiciary Committee
  25. Committee

    Referred to Subcommittee on Criminal Law.

    Terrorism, Technology, and Government Information Subcommittee
  26. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  27. IntroReferral10000

    Introduced in Senate

Oct 17, 198636
(Measure passed House, amended)

Criminal Law and Procedure Technical Amendments Act of 1986 - Makes technical and conforming changes to the Federal criminal code, the Federal judicial code, and the Federal Rules of Criminal Procedure.

Waives the residency requirement for any judge holding a full-time position on the United States Sentencing Commission.

Requires the court, when not ordering restitution (or ordering only partial restitution) as part of a sentence, to include in the statement the reasons therefor.

Eliminates the discharge of liability for unexecuted fines or other punishment which was granted by the fulfillment of the terms and conditions of probation.

Provides that a period of supervised release shall run concurrently with any term of imprisonment of less than 30 days.

Authorizes the Director of the Administrative Office of the United States Courts to contract, subject to appropriations, with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are alcohol or drug-dependent.

Authorizes courts to order restitution in lieu of other criminal penalties if the offense is a misdemeaner.

Amends the Federal Rules of Criminal Procedure to grant courts the authority to order the defendant to submit to an examination to determine whether he has the mental capacity to stand trial.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.

Includes all Delegates to Congress within the definition of "public official" as it pertains to certain prohibitions in the Federal criminal code. (Current law includes only the Delegates from the District of Columbia within such definition.)

Authorizes the U.S. Marshals Service to credit all fees, commissions, and services collected to such Service's appropriation.

Makes technical changes to the Victims of Crime Act of 1984.

Establishes a maximum sentence of ten years imprisonment for an accessory after the fact, if the principal is punishable by a life sentence.

Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to add certain new predicate offenses (tampering with and retaliating against a witness, victim, or informant).

States that the obstruction of justice provisions of the Federal criminal code do not prohibit the providing of lawful legal representation.

States that a person found guilty of an offense shall be released pending appeal where the judicial officer finds that such appeal will likely result in a sentence that does not include a term of imprisonment.

Provides criminal penalties for: (1) providing contraband materials to prisoners; and (2) possessing contraband materials in prison. (Current law prohibits trafficking in contraband articles in prison.)

Includes detention facilities as a class of institution within the mutiny and riot provisions of the Federal criminal code.

Amends the Federal Rules of Criminal Procedure regarding a conditional ruling on a motion for a new trial.

Allows the U.S. Parole Commission to modify the conditions of parole without regard to the ten-day response period if such modification is required to prevent harm to the parolee or to the public.

Amends the Federal criminal code to make technical changes regarding the offense of Federal program theft and bribery.

Provides enhanced criminal penalties for threats to assault, kidnap, or murder certain Federal officials. (Current law provides such enhanced penalties for threats made against family members of such officials.)

Provides enhanced criminal penalties for killing or attempting to kill a person to prevent a witness from testifying or to prevent the production of evidence.

Makes it a Federal criminal offense to assassinate, kidnap, or assault a major Presidential or Vice Presidential candidate.

Provides criminal penalties for the communication of certain threats in foreign (as well as interstate) commerce.

Makes it a Federal criminal offense to trepass on Bureau of Prisons property. (Currently, trespass on such property is prosecuted under the Assimulative Crime Act.) Increases the number of offenses for which Bureau of Prison personnel can make arrests without warrants to include assaults on officers, theft, depredation of property, destruction of property, and trespass.

Authorizes the Director of the Bureau of Prisons to enter into contracts with States or territories for the exchange of prisoners.

Authorizes the Attorney General to accept donations for use by the Bureau of Prisons. Authorizes the chief executive officer of a Federal penal or correctional facility to order autopsies under certain circumstances.

Includes extortion of federally insured banks as a bank robbery offense.

Authorizes the Attorney General to appoint interim United States Attorneys when vacancies occur. (Current law authorizes the appropriate district court to make such appointments.)

Requires that at least half the money in the Crime Victims Fund allocated for Federal use be used to provide services for victims of Federal crimes. (Current law requires that not more than half of such funds go for such purposes.)

Provides that the court of appeals, in reversing a sentencing decision, must remand the case for further sentencing proceedings.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to the seizure of property.

Modifies the standards for imposing restitution. Authorizes the Attorney General to enforce a restitution order in the manner provided for the collection of fines.

Eliminates the presentencing requirement that the court give notice to the defendant and the government that it is considering imposing an order of restitution.

Requires the court to consider the need to provide restitution to the victim of the offense when determining the sentence to be imposed.

Provides crime victim grant recipients with additional time to determine how to expend its grant.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractural agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act.

Sexual Abuse Act of 1986 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: (1) aggravated sexual abuse; (2) sexual abuse; (3) sexual abuse of a minor or ward; and (4) abusive sexual conduct.

Defines aggravated sexual abuse as knowingly causing another person to engage in sexual conduct by: (1) using force against that person; or (2) threatening or placing that person in fear of death, serious bodily injury, or kidnapping. Provides additional penalties when that person is a child (under 12 years of age).

Defines sexual abuse as: (1) knowingly causing another person to engage in sexual conduct by threatening or placing that person in fear that another person will be subjected to death, serious bodily harm, or kidnapping; or (2) engaging in sexual conduct with another person who is incapable of appreciating the nature of the conduct or of declining participation.

Defines the sexual abuse of a minor as knowingly engaging in a sexual act with another person who is: (1) between the ages of 12 and 16; and (2) at least four years younger. Defines the sexual abuse of a ward as knowingly engaging in a sexual act with another person who is: (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging. Establishes defenses for the sexual abuse of a minor or ward by establishing that: (1) the defendant believed the other person had attained the age of 16; or (2) the persons engaged in the sexual act were married to each other at that time.

Defines abusive sexual conduct for the purposes of this Act.

Repeals the chapter on rape. Makes conforming changes to the Public Health Service Act, the Juvenile Justice and Delinquency Prevention Act of 1974, the Mental Health Systems Act, and the Federal Aviation Act.

Apr 17, 198635
(Measure passed Senate, amended)

Amends the Federal criminal code to make technical changes to the Comprehensive Crime Control Act of 1984. Provides that a pretrial detention hearing shall be held upon motion of the government if the defendant has been convicted of two or more offenses. Grants the court discretion to reopen the detention hearing at any time before trial.

Repeals the authority to impose a sentence pursuant to the Federal Youth Corrections Act (which was repealed pursuant to the Comprehensive Crime Control Act of 1984). Modifies the terms of office, compensation, and duties for members of the United States Sentencing Commission.

Requires the U.S. Marshal to return the defendant to the court for final sentencing only if the defendant is in custody. Provides for a presentence examination and a report by a psychiatric or psychological examiner as the basis for the hospitalization of a convicted person suffering from mental disease or defect.

Provides that in the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for its relationship to sentences prescribed by guidelines. Directs the court to include a statement of the reason for ordering only partial restitution to a victim. Repeals the provision that states that the fulfillment of the terms and conditions of probation discharges the defendant's liability for any unexecuted fine or other punishment imposed as to which probation is granted. Allows the court to modify conditions of probation without a hearing if certain conditions are met. Declares that a term of probation does not run while a defendant is imprisoned for a Federal, State, or local conviction unless the imprisonment is for a period of less than 30 consecutive days.

Authorizes probation officers to assist in the supervision of persons within the custody of the Attorney General while on work release, furlough, or other authorized release from confinement.

Applies good time credit to the first year of imprisonment as well as to subsequent years.

Allows the court to order restitution in addition to, but not in lieu of, any other penalty authorized by law.

Authorizes the Director of the Administrative Office of the United States Courts to contract, subject to appropriations, with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are addicts or drug-dependent persons.

Modifies the standard for appellate court review of sentences to require a finding that the sentence was a result of a clearly erroneous construction of the sentencing guidelines. Requires an appellate court which finds error (regarding an appeal for review of an otherwise final sentence) to remand the case to the district court for imposition of a sentence consistent with its decision.

Makes the maximum sentence for juveniles the same as the maximum sentence for adults. Makes the "good time" provisions applicable to adults also applicable to juveniles.

Extends the time limit for the U.S. Sentencing Commission to promulgate guidelines from 18 to 30 months.

Amends the Tariff Act of 1930 to require a bond of $5,000 for a claimant to obtain judicial forfeiture of property otherwise subject to administrative forfeitures.

Authorizes the Secretary of the Treasury to transfer forfeited property to any other Federal agency.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to criminal forfeiture.

Authorizes seizures pursuant to the admiralty rules only for property subject to civil forfeiture under the Controlled Substances Act since the admiralty rules apply only to civil forfeiture in rem.

Allows the Government to seek a stay of a Federal civil forfeiture action if a State indictment or information for the same kind of offense is filed.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping forfeited vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.

Prohibits the admission of evidence obtained with respect to a psychological examination of defendants for purposes of ascertaining their competency to stand trial.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act. Empowers the Attorney General to authorize State and local law enforcement officers to perform certain law enforcement functions.

Amends the Controlled Substances Import and Export Act with regard to its definitions and penalties.

Amends the Employee Retirement Income Security Act of 1974 concerning disqualifications from serving as a consultant or advisor to an employee benefit plan because of a conviction of certain crimes.

Amends the Currency and Foreign Transactions Reporting Act Amendments to increase from $5,000 to $10,000 the amount required to be transported before the reporting requirement is invoked.

Amends the Comprehensive Crime Control Act of 1984 to prohibit crimes of violence perpetrated against the offender's own property.

Imposes mandatory minimum additional penalties upon any person who carries a firearm during and in relation to the commission of a Federal felony. Provides for such additional penalty for any person who carries a handgun loaded with armor-piercing ammunition during a crime of violence or a drug felony.

Makes the attempted kidnapping of a Federal law enforcement officer an offense punishable by imprisonment for up to 20 years.

Makes a technical correction to the prohibition regarding bank bribery.

Revises the definition of "public official" for purposes of the prohibition against a U.S. public official's acting as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938.

Revises the provisions relating to the introduction or possession of contraband in prisons.

Allows a probation officer, upon request of the Attorney General, to supervise any person provided protection under the witness protection program who is on probation or parole under State law if the State consents. Subjects such person to all Federal laws pertaining to probationers or parolees.

Authorizes the U.S. Marshals Service to credit to its appropriations account all fees, commissions, and expenses collected for the service of civil process and seizures, levies, and sales associated with judicial orders of execution by the Marshals Service.

Prohibits the special assessment from being imposed on any person convicted of an offense for which local rules of the district court, or other Federal law, establishes that collateral may be posted in lieu of appearance in court.

Extends the deadline for spending funds granted to the States for victim compensation programs.

Exempts from the prohibition against credit card fraud, the lawful authorized investigative, protective, or intelligence activity of a Federal, State, or local law enforcement agency or of a Federal intelligence agency.

Imposes a maximum sentence of ten years on an accessory after the fact, if the principal is punishable by a life sentence.

Defines "organization" for purposes of the Act as a person other than an individual.

Extends the coverage for purposes of the prohibition against the bribery of public officials and witnesses and the prohibition against public officials receiving compensation for services rendered in relation to any proceeding in which the United States is a party, to include all Delegates to the Congress.

Revises the definition of the offense of using or carrying an explosive or using fire during the commission of a Federal felony.

Revises the definition of "racketeering activity" to add two more predicate offenses.

Makes changes to the provisions dealing with the receipt of stolen property in interstate or foreign commerce.

Sets forth the procedures by which the Bureau of Prisons must determine the length and manner of sentences to be served by persons transferred to the United States under prisoner transfer treaties.

States that it is a lawful condition of release that a person undergo available psychological treatment.

States that Federal extortion laws apply to threats transmitted in foreign as well as interstate commerce.

Expands the category of persons covered by the provision dealing with penalties for violent offenses against certain persons in the U.S. Government to include all major candidates for President and Vice-President.

Apr 4, 198601
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 99-278)

Amends the Federal criminal code to make technical changes to the Comprehensive Crime Control Act of 1984. Provides that a pretrial detention hearing shall be held upon motion of the government if the defendant has been convicted of two or more offenses. Grants the court discretion to reopen the detention hearing at any time before trial.

Repeals the authority to impose a sentence pursuant to the Federal Youth Corrections Act (which was repealed pursuant to the Comprehensive Crime Control Act of 1984). Modifies the terms of office, compensation, and duties for members of the United States Sentencing Commission.

Requires the U.S. Marshal to return the defendant to the court for final sentencing only if the defendant is in custody. Provides for a presentence examination and a report by a psychiatric or psychological examiner as the basis for the hospitalization of a convicted person suffering from mental disease or defect.

Provides that in the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for its relationship to sentences prescribed by guidelines. Directs the court to include a statement of the reason for ordering only partial restitution to a victim. Repeals the provision that states that the fulfillment of the terms and conditions of probation discharges the defendant's liability for any unexecuted fine or other punishment imposed as to which probation is granted. Allows the court to modify conditions of probation without a hearing if certain conditions are met. Declares that a term of probation does not run while a defendant is imprisoned for a Federal, State, or local conviction unless the imprisonment is for a period of less than 30 consecutive days.

Authorizes probation officers to assist in the supervision of persons within the custody of the Attorney General while on work release, furlough, or other authorized release from confinement.

Applies good time credit to the first year of imprisonment as well as to subsequent years.

Allows the court to order restitution in addition to, but not in lieu of, any other penalty authorized by law.

Authorizes the Director of the Administrative Office of the United States Courts to contract with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are addicts or drug-dependent persons.

Makes the maximum sentence for juveniles the same as the maximum sentence for adults. Makes the "good time" provisions applicable to adults also applicable to juveniles.

Extends the time limit for the U.S. Sentencing Commission to promulgate guidelines from 18 to 30 months.

Amends the Tariff Act of 1930 to require a bond of $5,000 for a claimant to obtain judicial forfeiture of property otherwise subject to administrative forfeitures.

Authorizes the Secretary of the Treasury to transfer forfeited property to any other Federal agency.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to criminal forfeiture.

Authorizes seizures pursuant to the admiralty rules only for property subject to civil forfeiture under the Controlled Substances Act since the admiralty rules apply only to civil forfeiture in rem.

Allows the Government to seek a stay of a Federal civil forfeiture action if a State indictment or information for the same kind of offense is filed.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping forfeited vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.

Prohibits the admission of evidence obtained with respect to a psychological examination of defendants for purposes of ascertaining their competency to stand trial.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act. Empowers the Attorney General to authorize State and local law enforcement officers to perform certain law enforcement functions.

Amends the Controlled Substances Import and Export Act with regard to its definitions and penalties.

Amends the Employee Retirement Income Security Act of 1974 concerning disqualifications from serving as a consultant or advisor to an employee benefit plan because of a conviction of certain crimes.

Amends the Currency and Foreign Transactions Reporting Act Amendments to increase from $5,000 to $10,000 the amount required to be transported before the reporting requirement is invoked.

Amends the Comprehensive Crime Control Act of 1984 to prohibit crimes of violence perpetrated against the offender's own property.

Imposes mandatory minimum additional penalties upon any person who carries a firearm during and in relation to the commission of a Federal felony. Provides for such additional penalty for any person who carries a handgun loaded with armor-piercing ammunition during a crime of violence or a drug felony.

Makes the attempted kidnapping of a Federal law enforcement officer an offense punishable by imprisonment for up to 20 years.

Makes a technical correction to the prohibition regarding bank bribery.

Revises the definition of "public official" for purposes of the prohibition against a U.S. public official's acting as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938.

Revises the provisions relating to the introduction or possession of contraband in prisons.

Allows a probation officer, upon request of the Attorney General, to supervise any person provided protection under the witness protection program who is on probation or parole under State law if the State consents. Subjects such person to all Federal laws pertaining to probationers or parolees.

Authorizes the U.S. Marshals Service to credit to its appropriations account all fees, commissions, and expenses collected for the service of civil process and seizures, levies, and sales associated with judicial orders of execution by the Marshals Service.

Prohibits the special assessment from being imposed on any person convicted of an offense for which local rules of the district court, or other Federal law, establishes that collateral may be posted in lieu of appearance in court.

Extends the deadline for spending funds granted to the States for victim compensation programs.

Exempts from the prohibition against credit card fraud, the lawful authorized investigative, protective, or intelligence activity of a Federal, State, or local law enforcement agency or of a Federal intelligence agency.

Imposes a maximum sentence of ten years on an accessory after the fact, if the principal is punishable by a life sentence.

Defines "organization" for purposes of the Act as a person other than an individual.

Extends the coverage for purposes of the prohibition against the bribery of public officials and witnesses and the prohibition against public officials receiving compensation for services rendered in relation to any proceeding in which the United States is a party, to include all Delegates to the Congress.

Revises the definition of the offense of using or carrying an explosive or using fire during the commission of a Federal felony.

Revises the definition of "racketeering activity" to add two more predicate offenses.

Makes changes to the provisions dealing with the receipt of stolen property in interstate or foreign commerce.

Sets forth the procedures by which the Bureau of Prisons must determine the length and manner of sentences to be served by persons transferred to the United States under prisoner transfer treaties.

States that it is a lawful condition of release that a person undergo available psychological treatment.

States that Federal extortion laws apply to threats transmitted in foreign as well as interstate commerce.

Expands the category of persons covered by the provision dealing with penalties for violent offenses against certain persons in the U.S. Government to include all major candidates for President and Vice-President.

Jun 4, 198500

Amends the Federal criminal code to make minor or technical changes to the Comprehensive Crime Control Act of 1984. Modifies the kinds of offenses for which pretrial detention on grounds of dangerousness is authorized to include serious explosive and firearms violations. Provides that a pretrial detention hearing shall be held upon motion of the government if the defendant has been convicted of two or more offenses. Grants the court discretion to reopen the detention hearing at any time before trial.

Reenacts provisions of the Criminal Fine Enforcement Act. Repeals the authority to impose a sentence pursuant to the Federal Youth Corrections Act (which was repealed pursuant to the Comprehensive Crime Control Act of 1984). Modifies the terms of office, compensation, and duties for members of the United States Sentencing Commission.

Requires the U.S. Marshal to return the defendant to the court for final sentencing only if the defendant is in custody. Provides for a presentence examination and a report by a psychiatric or psychological examiner as the basis for the hospitalization of a convicted person suffering from mental disease or defect.

Provides that in the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for its relationship to sentences prescribed by guidelines. Directs the court to include a statement of the reason for ordering only partial restitution to a victim. Repeals the requirement that the court give notice to the parties before imposing an order of restitution. Repeals the provision that states that the fulfillment of the terms and conditions of probation discharges the defendant's liability for any unexecuted fine or other punishment imposed as to which probation is granted. Allows a court not to impose a fine, restitution, or community service in extraordinary circumstances regarding mandatory or discretionary conditions of probation. Allows the court to modify conditions of probation without a hearing if certain conditions are met. Declares that a term of probation does not run while a defendant is imprisoned for a Federal, State, or local conviction unless the imprisonment is for a period of less than 30 consecutive days. Lengthens and modifies the authorized terms of supervised release.

Authorizes probation officers to assist in the supervision of persons within the custody of the Attorney General while on work release, furlough, or other authorized release from confinement.

Applies good time credit to the first year of imprisonment as well as to subsequent years.

Allows the court to order restitution in addition to, but not in lieu of, any other penalty authorized by law. Extends certain remedies available for the collection or satisfaction of unpaid fines to the enforcement of a restitution order.

Authorizes the Director of the Administrative Office of the United States Courts to contract with appropriate public or private agencies or persons for the detention of and care in the community of offenders who are addicts or drug-dependent persons.

Sets forth the standard of review for cases challenging the application of the sentencing guidelines. Provides that the court must find that the lower court's construction was clearly erroneous before it can remand the case for further sentencing proceedings. Requires that district courts are to review sentences imposed by magistrates according to the same standards that apply to appellate court review of district court sentences.

Makes the maximum sentence for juveniles the same as the maximum sentence for adults. Makes the "good time" provisions applicable to adults also applicable to juveniles.

Provides that defendants already sentenced to imprisonment, but who are not appealing their convictions, shall remain in custody pending a government appeal protesting the length of the sentence.

Implements U.S. treaty obligations with regard to persons sentenced to a term of imprisonment by a foreign court who are later transferred to the United States to provide that the overall sentence imposed may not be modified but only the portion of that sentence which is to be served in official custody (therefore allowing for supervised release).

Revises the effective date for the sentencing reform and the abolition of the United States Parole Commission. Establishes transition procedures.

Makes technical changes to the Racketeer Influenced and Corrupt Organizations statute with regard to criminal forfeiture.

Amends the Tariff Act of 1930 to require a bond of $5,000 for a claimant to obtain judicial forfeiture of property otherwise subject to administrative forfeitures.

Authorizes the Secretary of the Treasury to transfer forfeited property to any other Federal agency.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to make technical changes with regard to criminal forfeiture.

Authorizes seizures pursuant to the admiralty rules only for property subject to civil forfeiture under the Controlled Substances Act since the admiralty rules apply only to civil forfeiture in rem.

Allows the Government to seek a stay of a Federal civil forfeiture action if a State indictment or information for the same kind of offense is filed.

Authorizes use of the Department of Justice Assets Forfeiture Fund for the purpose of equipping forfeited vessels, vehicles, and aircraft for law enforcement functions for use by the Federal Bureau of Investigation and the United States Marshals Service. Exempts from deposit in the fund proceeds of forfeitures pursuant to the Endangered Species Act and the Lacey Act Amendments of 1981.

Prohibits the admission of evidence obtained with respect to a psychological examination of defendants for purposes of ascertaining their competency to stand trial.

Amends the Controlled Substances Act to revise the definition of "isomer" and "cocaine" with regard to drug penalties.

Authorizes the Attorney General to enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under the Controlled Substances Act. Empowers the Attorney General to authorize State and local law enforcement officers to perform certain law enforcement functions.

Amends the Controlled Substances Import and Export Act with regard to its definitions and penalties.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to grant the United States Claims Court exclusive jurisdiction over all actions seeking review of the final decisions of the Bureau of Justice Assistance.

Amends the Employee Retirement Income Security Act of 1974 concerning disqualifications from serving as a consultant or advisor to an employee benefit plan because of a conviction of certain crimes.

Amends the Currency and Foreign Transactions Reporting Act Amendments to increase from $5,000 to $10,000 the amount required to be transported before the reporting requirement is invoked.

Amends the Comprehensive Crime Control Act of 1984 to prohibit crimes of violence perpetrated against the offender's own property.

Imposes mandatory minimum additional penalties upon any person who carriers a firearm during and in relation to the commission of a Federal felony. Provides for such additional penalty for any person who carries a handgun loaded with armor-piercing ammunition during a crime of violence or a drug felony.

Makes the attempted kidnapping of a Federal law enforcement officer an offense punishable by imprisonment for up to 20 years.

Makes a technical correction to the prohibition regarding bank bribery.

Revises the definition of "public official" for purposes of the prohibition against U.S. public officials acting as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938.

Strengthens the provisions relating to the introduction or possession of contraband in prisons.

Allows a probation officer, upon request of the Attorney General, to supervise any person provided protection under the witness protection program who is on probation or parole under State law if the State consents. Subjects such person to all Federal laws pertaining to probationers or parolees.

Amends the Federal Rules of Criminal Procedure to incorporate the same procedure for a conditional ruling on a defendant's motion for a new trial in connection with the granting of a post-verdict acquittal in a criminal case as exists under the Federal Rules of Civil Procedure in a comparable situation in which a motion for a new trial is coupled with a motion for judgment notwithstanding the verdict.

Authorizes the U.S. Marshals Service to credit to its appropriations account all fees, commissions, and expenses collected for the service of civil process and seizures, levies, and sales associated with judicial orders of execution by the Marshals Service.

Prohibits the special assessment from being imposed on any person convicted of an offense for which local rules of the district court, or other Federal law, establishes that collateral may be posted in lieu of appearance in court.

Extends the deadline for spending funds granted to the States for victim compensation programs.

Exempts from the prohibition against credit card fraud, the lawful authorized investigative, protective, or intelligence activity of a Federal, State, or local law enforcement agency or of a Federal intelligence agency.

Imposes a maximum sentence of ten years on an accessory after the fact, if the principal is punishable by a life sentence.

Defines "organization" for purposes of the Act as a person other than an individual.

Extends the coverage for purposes of the prohibition against the bribery of public officials and witnesses and the prohibition against public officials receiving compensation for services rendered in relation to any proceeding in which the United States is a party, to include all Delegates to the Congress.

Revises the offense of using or carrying an explosive or using fire during the commission of a Federal felony.

Revises the definition of "racketeering activity" to add two more predicate offenses.

Makes minor changes to the provisions dealing with the receipt of stolen property in interstate or foreign commerce.