S 867

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IN THE SENATE OF THE UNITED STATES

June 10, 1997

Mr. DeWine introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To assist State and local governments in establishing effective criminal records concerning serious and violent juvenile offenders and information concerning adult members of violent criminal gangs and Federal, State, and local criminal justice officials in countering the rise in serious crime, and for other purposes.

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 “Violent Juvenile Criminal Records Act of 1997”.

SEC. 2. FINDINGS.

Congress finds that—

(1) in recent years, the United States has experienced a significant increase in juvenile crime, especially with respect to serious and violent offenses;

(2) a great proportion of the serious and violent offenses referred to in paragraph (1) are committed by individuals whose past criminal record is not revealed to criminal justice agencies, including courts, because of the current or former status of those individuals as juveniles;

(3) in recent years, because of the increased mobility and ease of travel by juvenile offenders, especially members of criminal street gangs, to other States and units of local government, the officials of those States and units of local government are often—

(A) unable to obtain any record of prior serious offenses of those juvenile offenders; and

(B) unprepared for the violent behavior of those juvenile offenders; and

(4) the inaccessibility of records indicating past violent offenses committed by juvenile offenders—

(A) endangers public safety officers who may encounter those offenders;

(B) increases risks to students at schools where those offenders may be enrolled; and

(C) prevents judicial officials from making the best decision with respect to such an offender that is necessary to protect innocent citizens.

SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.

(a) In General.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

(1) by redesignating part Y as part Z;

(2) by redesignating section 2501 as section 2601; and

(3) by inserting after part X the following:

“PART Y—INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS

“SEC. 2501. DEFINITION.

“In this part, the term ‘violent criminal gang’ means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal, that engages in, or has engaged in within a 2-year period preceding the date on which criminal history records are entered for purposes of this part, 2 or more felonies or serious misdemeanors committed in furtherance of, or in connection with, that group.

“SEC. 2502. INCENTIVE GRANTS.

“(a) In General.—With funds made available to carry out this part, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants to States and units of local government (or any combination thereof) to enable—

“(1) States to assist units of local government in carrying out programs described in paragraphs (1) through (3) of subsection (b); and

“(2) States and units of local government to carry out the programs described in paragraphs (1) through (3) of subsection

(b).

“(b) Purposes.—The Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants under subsection

(a)—

“(1) to establish programs to obtain fingerprints and photographs of juveniles arrested for the offenses described in paragraph (2)(A);

“(2) to establish, develop, update, or upgrade the criminal history records systems of State and local governments to—

“(A) include arrest, detention, and disposition records, fingerprints, photographs, and (if used) DNA barcodes, for juveniles arrested or detained for—

“(i) violent offenses which, if committed by an adult, would be a felony or serious misdemeanor;

“(ii) serious drug offenses which, if committed by an adult, would be a felony or serious misdemeanor;

“(iii) serious property crimes which, if committed by an adult, would be a felony;

“(iv) illegal possession, use, or carrying of a handgun, or other firearm; or

“(v) participation in violent criminal gangs or other violent criminal organizations;

“(B) maintain the records described in subparagraph (A) at the State agency responsible for the operation of the adult criminal history record system of that State;

“(C) submit such information to the Federal Bureau of Investigation as is necessary to enable the records described in subparagraph (A) to be accessed in the same manner as are records for adult criminal histories; and

“(D) ensure that, each time an information on a criminal offense or activity described in subparagraph

(A) or other criminal offense is reported to a State repository for juvenile and adult criminal records described in subparagraph (B), a criminal history including information that relates to that individual for the preceding 5-year period is submitted to that repository;

“(3) to establish, develop, update, or upgrade the criminal information systems of State and local governments, and regional intelligence sharing systems, to—

“(A) include identification, and criminal investigative and intelligence information concerning adults who participate in the illegal activities of violent criminal gangs or other violent criminal organizations;

“(B) maintain the records described in subparagraph (A) at the appropriate State agency; and

“(C) submit such information as is necessary to enable the records referred to in subparagraph (B) to be accessed, to the Federal Bureau of Investigation or a regional intelligence sharing system; and

“(4) to establish State programs to provide financial assistance to units of local government, if necessary to meet any purpose specified in paragraphs (1) through (3).

“(c) Applications.—To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General, acting through the Director of the Bureau of Justice Statistics (who shall consult with the Director of the Federal Bureau of Investigation), shall require.

“(d) Application Requirements.—

“(1) Formula grants.—The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(a) only to a State with respect to which the chief executive officer submits an application under subsection (c) that provides assurances that are satisfactory to the Attorney General that the State will use the assistance provided under the grant to carry out programs that meet the purposes described in paragraphs (1) through (3) of subsection

(b). The State may provide for the participation of units of local government in the grant program that is the subject of a grant application.

“(2) Discretionary grants.—The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(b) to a State or unit of local government (or a combination of a State and 1 or more units of local government) that provides assurances that the State, unit of local government, or combination will use the assistance provided under the grant to carry out at least 1 program that meets at least 1 of the purposes described in paragraphs (1) through (3) of subsection (b).

“SEC. 2503. ALLOCATION OF GRANTS.

“(a) Formula Grants.—Of the total amount made available by appropriations to carry out this part for each fiscal year, 90 percent shall be used to make grants to eligible States described in section 2502(d)(1) that submit an application that the Attorney General, acting through the Director of the Bureau of Justice Statistics, determines to be satisfactory in accordance with the following formula:

“(1) the greater of 0.25 percent of that amount or $250,000 shall be allocated to each eligible State; and

“(2) of the total amount remaining after the allocation under paragraph (1) (referred to in this paragraph as the ‘remaining funds’), there shall be allocated to each State an amount which bears the same ratio to the remaining funds as the population of that State bears to the population of all States.

“(b) Discretionary Grants.—Of the total amount made available to carry out this part for each fiscal year, 10 percent shall be used by the Attorney General, acting through the Director of the Bureau of Justice Statistics, for grants to States and units of local government that submit an application that the Attorney General, acting through the Director, determines to meet the requirements of section 2502(d)(2).

“(c) Contracting Authority.—A State that receives a grant under this section may enter into a contract with a person or entity to carry out an activity that is related to a purpose specified in section 2502(b).

“SEC. 2504. FUNDING SOURCE.

“Appropriations for activities authorized in this part may be made from the Violent Crime Reduction Trust Fund.”.

(b) Conforming Amendment.—The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

“Part Y—Incentive Grants for State and Local Criminal Records Systems

“Sec. 2501. Definition. “Sec. 2502. Incentive grants. “Sec. 2503. Allocation of grants. “Sec. 2504. Funding source. “Part Z—Transition-Effective Date-Repealer

“Sec. 2601. Continuation of rules, authorities, and proceedings.”.

(c) Authorization of Appropriations.—Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended—

(1) in paragraph (3), by striking “and X” and inserting “X, and Y”; and

(2) by adding at the end the following:

“(23) There are authorized to be appropriated to carry out part Y—

“(A) $50,000,000 for fiscal year 1998;

“(B) $50,000,000 for fiscal year 1999;

“(C) $50,000,000 for fiscal year 2000;

“(D) $50,000,000 for fiscal year 2001; and

“(E) $50,000,000 for fiscal year 2002.”. <all>