Cracking Down on Gangs and Deporting Criminals Act of 2020

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cracking Down on 4 Gangs and Deporting Criminals Act of 2020’’. 5 SEC. 2. CRIMINAL STREET GANGS. 6 Section 521 of title 18, United States Code, is 7 amended— 8 (1) in subsection (b), by striking ‘‘the cir- 9 cumstances’’ and inserting ‘‘a circumstance’’; 10 VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4238 IS (2) in subsection (c)— 1 (A) in paragraph (3), by striking ‘‘and’’ at 2 the end; 3 (B) by redesignating paragraph (4) as 4 paragraph (5); 5 (C) by inserting after paragraph (3) the 6 following: 7 ‘‘(4) an offense under section 1962; and’’; and 8 (D) in paragraph (5), as so redesignated, 9 by striking ‘‘or (3)’’ and inserting ‘‘(3), or (4)’’; 10 (3) in subsection (d)— 11 (A) by striking paragraphs (1) and (2) and 12 inserting the following: 13 ‘‘(1)(A) participates in a criminal street gang 14 with knowledge that its members engage in or have 15 engaged in a continuing series of offenses described 16 in subsection (c); 17 ‘‘(B) intends to promote or further the felo- 18 nious activities of the criminal street gang or main- 19 tain or increase his or her position in the gang; 20 ‘‘(C) intends to acquire or maintain, directly or 21 indirectly, through illegal activity by or on behalf of 22 a criminal street gang, or proceeds derived there- 23 from any interest in or control of any real or per- 24 sonal property of any nature, including money; 25 VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4238 IS ‘‘(D) occupies a position of organizer, super- 1 visory position, or any other position of management 2 or leadership with regard to a criminal street gang; 3 ‘‘(E) intends to cause, encourage, solicit, re- 4 cruit, or coerce another to become a member or as- 5 sociate of a criminal street gang, to participate in a 6 criminal street gang; 7 ‘‘(F) communicates, directly or indirectly, with 8 another person any threat of injury or damage to 9 the person or property of the other person or of any 10 associate or relative of the other person with the in- 11 tent to deter such person from assisting a member 12 or associate of a criminal street gang to withdraw 13 from such criminal street gang; 14 ‘‘(G) communicates, directly or indirectly, with 15 another person any threat of injury or damage to 16 the person or property of the other person or of any 17 associate or relative of the other person with the in- 18 tent to punish or retaliate against such person for 19 having withdrawn from a criminal street gang; 20 ‘‘(H) communicates, directly or indirectly, with 21 another person any threat of injury or damage to 22 the person or property of the other person or of any 23 associate or relative of the other person with the in- 24 tent to punish or retaliate against such person for 25 VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4238 IS refusing to or encouraging another to refuse to be- 1 come or obtain the status of a member or associate 2 of a criminal street gang; 3 ‘‘(I) communicates, directly or indirectly, with 4 another person any threat of injury or damage to 5 the person or property of the other person or of any 6 associate or relative of the other person with the in- 7 tent to punish or retaliate against such person for 8 providing statements or testimony against criminal 9 street gangs or any criminal street gang member or 10 associate; or 11 ‘‘(J) communicates, directly or indirectly, with 12 another person any threat of injury or damage to 13 the person or property of the other person or of any 14 associate or relative of the other person with the in- 15 tent to intimidate, deter, or prevent such person 16 from communicating to any law enforcement or cor- 17 rections officer, prosecuting attorney, or judge infor- 18 mation relating to criminal street gangs, or criminal 19 street gang members or associates; and’’; and 20 (B) by redesignating paragraph (3) as 21 paragraph (2); and 22 (4) by adding at the end the following: 23 ‘‘(e) CRIMINAL STREET GANG DATABASE.— 24 VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4238 IS ‘‘(1) IN GENERAL.—The Attorney General shall 1 establish and maintain a national criminal street 2 gang database to facilitate the exchange of informa- 3 tion between Federal, State, and local law enforce- 4 ment agencies, prosecution and corrections agencies, 5 offices, and departments. 6 ‘‘(2) REPORTING OF CRIMINAL STREET GANG 7 DATA.—Each State and unit of local government 8 that receives Federal funds under subpart 1 of part 9 E of title I of the Omnibus Crime Control and Safe 10 Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall 11 submit to the Attorney General such information re- 12 lating to criminal street gangs as the Attorney Gen- 13 eral may require to be included in the criminal street 14 gang database established under paragraph (1). 15 ‘‘(f) ALIENS ASSOCIATED WITH CRIMINAL GANGS.— 16 If the sentence of an alien is enhanced under this section, 17 or the sentence is eligible for enhancement regardless of 18 whether such enhancement is actually applied or sought, 19 the Attorney General shall report such sentence enhance- 20 ment to the Department of Homeland Security, and the 21 alien shall be subject to removal in accordance with section 22 241 of the Immigration and Nationality Act (8 U.S.C. 23 1231). 24 VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4238 IS ‘‘(g) REPORTING.—Not later than 1 year after the 1 date of enactment of the Cracking Down on Gangs and 2 Deporting Criminals Act of 2020, and each year there- 3 after, each United States Attorney shall submit to the 4 Committee on the Judiciary of the Senate and the Com- 5 mittee on the Judiciary of the House of Representatives 6 a report detailing the— 7 ‘‘(1) number of cases for which a sentence en- 8 hancement was sought under this section; and 9 ‘‘(2) the actual sentences imposed in the cases 10 described in paragraph (1).’’. 11 Æ VerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S4238.IS S4238 pbinns on DSKJLVW7X2PROD with BILLS