The Violent Crime Control and Law Enforcement Act of 1994 is the product of six years of work by Congress and the Administration. It is the largest money crime bill in the history of the country. It authorizes spending $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs which were formulated and designed with significant input from experienced police officers. The Act also significantly expands the government's ability to deal with other crimes. Some of the most significant provisions of the bill are summarized below:
I. Substantive Criminal Provisions
- Assault Weapons-- Bans the manufacture of 19 military-style assault weapons, assault weapons with specific combat features, "copy-cat" models, and certain high-capacity ammunition magazines of more than ten rounds.
- Death Penalty -- Expands the Federal death penalty to cover about 60 offenses, including terrorist homicides, murder of a Federal law enforcement officer, large-scale drug trafficking, drive-by-shootings resulting in death and carjackings resulting in death.
- The Business of Insurance -- Adds to the law penalties for knowingly, and with the intent to deceive, making false statements or reports; in connection with any financial reports or documents presented to any insurance regulatory official.or an agent appointed to examine the affairs of an applicant. There are additional and substantive insurance industry provisions; click here to view.
- Domestic Abusers and Firearms -- Prohibits firearms sales to and possession by persons subject to family violence restraining orders.
- Firearms Licensing -- Strengthens Federal licensing standards for firearms dealers.
- Fraud -- Creates new insurance and telemarketing fraud categories. Expands Federal jurisdiction to cases that do not involve the use of the mail or telephone wire to commit a fraud. Provides special sentencing enhancements for fraud crimes committed against the elderly.
- Gang Crimes -- Provides new and stiffer penalties for violent and drug trafficking crimes committed by gang members.
- Immigration -- Provides for enhanced penalties for alien smuggling, illegal reentry after deportation and other immigration-related crimes. (See Part II).
- Juveniles -- Authorizes adult prosecution of those 13 and older charged with certain serious violent crimes. Prohibits the sale or transfer of a firearm to or possession of certain firearms by juveniles. Triples the maximum penalties for using children to distribute drugs in or near a protected zone, i.e., schools, playgrounds, video arcades and youth centers.
- Registration of Sexually Violent Offenders -- Requires states to enact statutes or regulations which require those determined to be sexually violent predators or who are convicted of sexually violent offenses to register with appropriate state law enforcement agencies for ten years after release from prison. Requires state prison officials to notify appropriate agencies of the release of such individuals. Requires states to criminally punish those who fail to register. States which fail to establish registration systems may have Federal grant money reduced.
- Repeat Sex Offenders -- Doubles the maximum term of imprisonment for repeat sex offenders convicted of Federal sex crimes.
- Three Strikes -- Mandatory life imprisonment without possibility of parole for Federal offenders with three or more convictions for serious violent felonies or drug trafficking crimes.
- Victims of Crime -- Allows victims of Federal violent and sex crimes to speak at the sentencing of their assailants. Strengthens requirements for sex offenders and child molesters to pay restitution to their victims. Improves the Federal Crime Victims' Fund and the victim-related programs it supports.
- Other-- Creates new crimes or enhances penalties for: drive- by-shootings, use of semi-automatic weapons, sex offenses, crimes against the elderly, interstate firearms trafficking, firearms theft and smuggling, arson, hate crimes and interstate domestic violence.
II. Immigration Initiatives
The Crime Bill contains specialized enforcement provisions respecting immigration and
criminal aliens. Those programs are highlighted here:
- $1.2 billion for border control, criminal alien deportations, asylum reform and a criminal alien tracking center.
- $1.8 billion to reimburse states for incarceration of illegal criminal aliens. (See State Criminal Alien Assistance Program (SCAAP) Grants in Section III).
- Enhanced penalties for failure to depart the United States after a deportation order or reentry after deportation.
- Expedited deportation for aliens who are not lawful permanent residents and who are convicted of aggravated felonies.
- Statutory authority for abused spouses and spouses with abused children to petition for permanent residency or suspension of deportation.
III. Grant Programs for 1995
Most of these programs are authorized for six years beginning October 1, 1994. Some are
formula grants, awarded to states or localities based on population, crime rate or some
other combination of factors. Many are competitive grants. All grants will require an
application process and are administered by the Department of Justice unless otherwise
noted. As always, all funds for the years 1996-2000 are subject to appropriation by the
Congress.
- Brady Implementation -- Competitive grant program for states to upgrade criminal history records keeping so as to permit compliance with the Brady Act. $100 million available in 1995. $100 million authorized in 1996-2000.
- Byrne Grants -- Formula grant program for states for use in more than 20 law enforcement purposes, including state and local drug task force efforts. $450 million available for the formula grant program in 1995. $550 million authorized in 1996-2000.
- Community Policing -- Competitive grant program (COPS Program) to put 100,000 police officers on the streets in community policing programs. $1.3 billion available in 1995. $7.5 billion authorized in 1996-2000.
- Community Schools -- Formula grant program administered by the Department of Health and Human Services for supervised after-school, weekend, and summer programs for at-risk youth. Funds expected to be available in 1995. $567 million authorized in 1995-2000.
- Correctional Facilities/Boot Camps -- Formula and competitive grant program for state corrections agencies to build and operate correctional facilities, including boot camps and other alternatives to incarceration, to insure that additional space will be available to put - and keep - violent offenders incarcerated. Fifty percent of money to be set aside for those states which adopt truth-in-sentencing laws (violent offenders must serve at least 85% of their sentence) or which meet other conditions. $24.5 million in competitive funds available for boot camps in 1995. $7.9 billion authorized in 1996-2000.
- Drug Courts -- Competitive grant program to support state and local drug courts which provide supervision and specialized services to offenders with rehabilitation potential. $29 million available in 1995. $971 million authorized in 1996-2000.
- Hotline - Competitive grant program administered by the Department of Health and Human Services to establish a National Domestic Violence Hotline. $1 million authorized in 1995. An additional $2 million authorized in 1996-2000.
- Prevention Council -- Provides funding for the President's Prevention Council to coordinate new and existing crime prevention programs. $1.5 million available in 1995. $88.5 million authorized for competitive grants in 1996-2000.
- SCAAP Grants -- Formula grant program to reimburse states for the cost of incarcerating criminal aliens. $130 million available in 1995. $1.67 billion authorized in 1996-2000.
- Violence Against Women -- Formula grant program to support police and prosecutor efforts and victims services in cases involving sexual violence or domestic abuse, and for other programs which strengthen enforcement and provide services to victims in such cases. $26 million available in 1995. $774 million for formula grants and over $200 million for related competitive grants authorized in 1996-2000.
IV. Grant Programs For 1996-2000
All programs available in 1995 are continued. All programs are administered by the
Department of Justice unless otherwise noted. Funding for 1996-2000 is, as always, subject
to appropriation by the Congress.
- Battered Women's Shelters -- Competitive grant program administered by the Department of Health and Human Services for battered women's shelters and other domestic violence prevention activities. $325 million authorized.
- Capital Improvements to Prevent Crime in Public Parks -- Competitive grant program administered by the Department of Interior for states and localities for crime prevention programs in national and public parks. $15 million authorized.
- Community Economic Partnership -- Competitive program administered by the Department of Health and Human Services for lines of credit to community development corporations to stimulate business and employment opportunities for low-income, unemployed and underemployed individuals. $270 million authorized.
- Crime Prevention Block Grants -- $377 million authorized for a new Local Crime Prevention Block Grant program to be distributed to local governments to be used as local needs dictates. Authorized programs include: anti-gang programs, sports leagues, boys and girls clubs, partnerships (triads) between the elderly and law enforcement, police partnerships for children and youth skills programs.
- Delinquent and At-Risk-Youth -- Competitive grant program for public or private non-profit organizations to support the development and operation of projects to provide residential services to youth, aged 11 to 19, who have dropped out of school, have come into contact with the juvenile justice system or are at risk of either. $36 million authorized.
- DNA Analysis -- Competitive grant program for states and localities to develop or improve DNA identification capabilities. $40 million authorized. An additional $25 million is authorized to the FBI for DNA identification programs.
- Drug Treatment -- $383 million for prison drug treatment programs, including $270 million in formula grants for states.
- Education and Prevention to Reduce Sexual Assaults Against Women -- Competitive grant program administered by the Department of Health and Human Services to fund rape prevention and education programs in the form of educational seminars, hotlines, training programs for professionals and the preparation of informational materials. $205 million authorized.
- Family and Community Endeavor Schools -- Competitive grants program administered by the Department of Education for localities and community organizations to help improve the overall development of at-risk youth living in poor and high-crime communities. This program is for both in- school and after-school activities. $243 million authorized.
- Local Partnership Act -- Formula grant program administered by the Department of Housing and Urban Development for localities to enhance education, provide substance abuse treatment and fund job programs to prevent crimes. $1.6 billion authorized.
- Model Intensive Grants -- Competitive grant program for model crime prevention programs targeted at high-crime neighborhoods. Up to 15 cities will be selected. $625 million authorized.
- Police Corps -- Competitive funding for the Police Corps (college scholarships for students who agree to serve as police officers), and formula grants to states for scholarships to in-service law enforcement officers. $100 million authorized for Police Corps, and $100 million authorized for in-service law enforcement scholarships.
- Prosecutors -- Competitive grant program for state and local courts, prosecutors and public defenders. $150 million authorized.
- Rural Law Enforcement -- Competitive grant program for rural anti-crime and drug efforts. $240 million authorized.
- Technical Automation -- Competitive grant program to support technological improvements for law enforcement agencies and other activities to improve law enforcement training and information systems. $130 million authorized.
- Urban Recreation For At-Risk-Youth -- Competitive grant program administered by the Department of Interior for localities to provide recreation facilities and services in areas with high crime rates and to provide such services in other areas to at-risk-youth. $4.5 million authorized.
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