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Coalition Support Why is it necessary?Congressman J. Randy Forbes
Bill Summary
The Gang Deterrence and Community Protection Act of 2005, or “The Gangbusters Bill”, authorizes increased federal funding to support federal, state and local law enforcement efforts against violent gangs, to coordinate law enforcement agencies’ efforts to share intelligence and to jointly investigate violent gangs. The Act also creates new criminal gang prosecution offenses, enhances existing gang and violent crime penalties to deter and punish illegal street gangs, and proposes violent crime reforms needed to effectively prosecute gang members.
Cosponsors
Sponsored by Congressman J. Randy Forbes (VA-04)
Cosponsors: Representatives Rodney Alexander, Eric Cantor, Shelley Moore Capito, Jo Ann Davis, Tom Davis, Thelma Drake, Bob Etheridge, Elton Gallegly, Virgil Goode, Bob Goodlatte, Gene Green
Peter King, Mark Souder, Patrick Tiberi, Ed Royce and Frank Wolf.
Fraternal Order of Police
National Association of Police Organizations
National Sheriff’s Association
Major County Sheriffs’ Association
Law Enforcement Alliance of America
National Troopers Coalition
Federal Criminal Investigators Association
California Gang Investigators Association
National Latino Peace Officers Association
New Orleans District Attorney, Eddie Jordan
Los Angeles Deputy Sheriffs, Inc.
Baltimore Police Department
According to the U.S. Justice Department, there are currently over 25,000 gangs and over 750,000 gang members who are active in more than 3,000 jurisdictions across the United States. Gang activity has been directly linked to the narcotics trade, human trafficking, identification document falsification, violent maiming and assault, and the use of firearms to commit deadly shootings. This legislation is part of an increasing federal effort to assist local law enforcement in targeting and federally prosecuting violent criminals who are associated with street gangs. The bill will encourage partnerships across all levels of government and ensure the success of these partnerships through the expansion of resources and intelligence.
Purposes
The Gang Deterrence and Community Protection Act of 2005 is a comprehensive gang bill aimed at creating a national strategy to identify, apprehend, and prosecute gangs across the nation. The bill would accomplish two primary goals:
GOAL #1 - Designates “High-intensity Gang Areas” and authorizes funds to combat gang activity in those areas and other areas of need
Authorizes $50 million over 5 years ($250 million total) to:
• Create and fund criminal street gang enforcement teams consisting of local, state, and federal law enforcement authorities to investigate and prosecute criminal street gangs in high intensity gang areas;
• Direct the reassignment or detailing of personnel from any federal department or agency to a criminal street gang enforcement team;
• Provide funding for national and regional meetings of criminal street gang enforcement teams to ensure the effective operation of such teams through the sharing of intelligence and best practices.
Authorizes $7.5 million over 5 years ($37.5 million total) to allow the Attorney General to hire 94 additional Assistant United States attorneys to prosecute crimes in high intensity interstate gang activity areas.
Authorizes $20 million over 5 years ($100 million total) in grants to state and local law enforcement and prosecutors to combat violent criminal gang activity to:
• Hire additional prosecutors;
• Purchase technology, equipment, and training for law enforcement in order to increase accurate identification of gang members and violent offenders;
• Maintain criminal gang databases to facilitate coordination among law enforcement and prosecutors;
• Finance technology, equipment, and training for prosecutors to increase the identification and prosecution of young violent gang members.
GOAL #2 - Defines a gang crime in federal code and specifies punishments for gang-related crimes and other violent crimes
Creates a statute to prosecute criminal gang enterprises similar to the existing RICO statute used to prosecute federal racketeering
Defines a “criminal street gang” to mean a formal or informal group or association of 3 or more individuals who commit 2 or more gang crimes, one of which is a crime of violence, in 2 or more separate criminal episodes, in relation to the group or association, if any of the activities of the criminal street gang affects interstate or foreign commerce.
Sets the following penalties, based on the seriousness of the offense, for committing a gang crime or other violent crime:
• Death or life imprisonment for any crime resulting in death;
• Mandatory minimum of 30 years with a maximum of life for kidnapping, aggravated sexual abuse or maiming;
• Mandatory minimum of 20 years to life for an assault resulting in serious bodily injury; and
• Mandatory minimum of 10 years to life imprisonment for other violent crimes.
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