CC - Item 4L - Request for support of Senator Dianne Feinstein Federal Gang Violence Act 1996 - Internal Files Box 069~4
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER l~
DATE: MARCH 21, 1996
RE: REQUEST FOR SUPPORT OF SENATOR DIANNE FEINSTEIN'S FEDERAL
GANG VIOLENCE ACT OF 1996 AND METHAMPHETAMINE CONTROL ACT OF
1996
This item has been placed on the agenda at the request of Mayor Vasquez. Attached for the City
Council's review is a press release and other information from Senator Dianne Feinstein's office
outlining two bills introduced recently by the Senator - the Federal Gang Violence Act of 1996 and
the Methamphetamine Control Act of 1996.
The Federal Gang Violence Act seeks to strengthen federal penalties against criminal street gangs by
accomplishing the following: (1) doubling the penalty for any gangmember who commits a federal
crime; (2) establishing severe penalties for any person convicted of soliciting a minor to participate
in federal gang activity, (3) making it a crime to wear a bullet-proof vest while committing a federal
crime; and (4) treating juveniles and adults the same when they unlawfully give a minor a firearm,
with the maximum penalty being a ten-year prison sentence. The Methamphetamine Control Act of
1996 seeks to achieve the twin goals of increasing the regulation of the raw materials necessary to
produce the drug and increasing the criminal penalties for individuals manufacturing
methamphetamine and possessing methamphetamine-making paraphernalia.
COUNCIL
MAR 2 61996
ITEM No. e, L
Gangs/Methamphetamine Control 1996
March 21, 1996
Page 2.
Senator Feinstein formally introduced the bills last week. They are not yet in print and they have not
been assigned to committee. Should the Council choose to support these measures, it would be
appropriate, at this time to send correspondence to the Senator's office indicating the City's support.
RECOMMENDATION:
It is recommended that the City Council support the Federal Gang Act of 1996 and the
Methamphetamine Control Act of 1996.
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DIANNE FEINSTEIN
CALIFORNIA
'United Mates senate
WASHINGTON, DC 20510-0504
February 29, 1996
The Honorable Joe Vasquez
Mayor
City of Rosemead
8838 East Valley Boulevard
Post Office Box 399
Rosemead, California 91770
Dear Mayor Vasquez:
0002
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON THE JUDICIARY
COMMITTEE ON ROLES AND ADMINISTRATION
I am writing to ask for your support on the Federal Gang Violence Act of 1996 and
the Methamphetamine Control Act of 1996, which I plan to introduce in the United States
Senate soon.
Attached is a brief summary on each proposed bill. Please call my Los Angeles
office, 310/914-7300, if you need any additional information.
Sincerely,
42 S I
Dianne Feinstein
United States Senator
DF:ksk
FRESNO OFFICE: LOS ANGELES OFFICE: SAN DIEGO OFFICE:
1130'6' ST944r 11111 SAWA MONO" BLVD. 760'5' STKEer
SUITE 2449 Su1T9 919 Su'TC 1030
FRISNO. CA 93721 LOS ANGELES, CA 9002$ SAN OIEGO, CA 92101
12091 466-7430 13101910.7300
16191231-9712
SAN FRANCISCO OFFICE:
$25 MARKET STREET
S V ITE 3070
SAN F.ANUSCO, CA 94105
14161539-6$60
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EMBARGOED UNTIL 9:30 a.m. PST
Three page summary for press
THE FEDERAL GANG VIOLENCE ACT
Senator Dianne Feinstein
February 12, 1996
Over the last few months, Senator Dianne Feinstein has talked with California's law
enforcement leaders, prosecutors and judges about the problem. of gang violence. Senator
Feinstein has authored the Federal Gang Violence Act in order to toughen federal penalties
against criminal street gangs and organized crime syndicates.
The legislation: doubles the penalty for any member of a gang who commits a federal crime;
expands the inter-state commerce laws to more effectively target criminal street gangs and
doubles those penalties as well; makes solicitation of a minor to participate in federal gang
activity a new crime, punishable by 10 years in prison and a fine of up to $250,000; creates
a new law carrying a two-year prison sentence making it a crime to wear a bullet-proof
vest in the commission of a federal crime; makes alien smuggling and firearms violations a
predicate act under RICO; and treats juveniles and adults the same when they unlawfully
give a minor a firearm, with the maximum penalty being a 10-year prison sentence.
Specifically, this 10-point plan:
Doubles the penalty for any member of an organized criminal street gang who
commits a federal crime.
Current federal law increases the penalties for organizers, leaders, managers and
supervisors of criminal activity including gang leaders who commit a federal
crime. However, me ers of known criminal street gangs are not subjected to
higher penalties. This legislation amends the Sentencing Guidelines so that
individual gang members convicted of felonies will have their sentencing level
approximately doubled, by adding six levels to the base offense level for the crime
they committed.
2. Doubles penalties against gangs who cross state lines to commit crimes such as
drug trafficking, drive-by shootings, robberies, burglaries and alien smuggling,
to name a few. i
The Travel Act, passed in 1961, now makes it illegal to cross state lines to commit
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such crimes as extortion, bribery, and narcotics trafficking. While many of these
crimes especially drug trafficking are frequently committed by gangs, there are
many other crimes that should be incorporated under the Travel Act.
This legislation expands the list of unlawful activities in the Travel Act to
include: dive-by shooting, robbery, burglary, assault with a deadly weapon,
witness intimidation, assault resulting in bodily injury, possession and/or
trafficking of stolen property, alien smuggling, firearms trafficking, kidnaping,
and insurance fraud.
This legislation also doubles the base offense levels for traveling in interstate or
foreign commerce in aid of a street gang, from 6 to 12 offense levels; and for
committing violen crimes in aid of street gang or racketeering activity from 12
to 24 offense levels.
3• Makes recruiting minors to join criminal streets gangs a crime, punishable by
10 years in prison or a fine of $250,000.
4. Toughens the penalties against juveniles and adults who transfer a firearm to a
minor - and subjects juveniles and adults to the same penalties for violating this
law. This legislation:
* Sets a one-year minimum sentence for anyone adult or juvenile who
provides a minor with a firearm.
* Holds juveniles accountable when they unlawfully give another minor -a
firearm by applying the same five-year maximum sentence now given to
adults.
* Sets a one-year minimum sentence and applies the same 10-year maximum
sentence to adults and juveniles who give a firearm to a minor and S-bould
have known the eun would be used Jag crime of violente-. Currently, the
10-year maximum sentence only applies to adults.
5. Prevents handguns from reaching the hands of gang members.
Law enforcement officials report gang members using high-powered military-style
assault weapons to commit drug-related crimes, commercial robberies, drive-by
shootings, home invasion robberies, attacks on rival gangs, and to protect gang
enterprises.
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This legislation- expands the federal prohibition on providing children with
handguns to other firearms. This legislation also includes a specific exemption
for temporary transfers for hunting, ranching, farming, target shooting,
employment or safety training purposes.
6. Makes it a crime punishable by a two-year prison sentence to wear a bullet-
proof vest during the commission of a federal crime. Also bans the mail-order sale
of bullet proof vests to decrease the now-frequent use by gang members of body
armor.
7. Updates the Definition of Street Gangs in Federal Law to respond to current
types of crimes.
Current federal law bases the definition and penalties for criminal street gangs upon
the commission of a federal crime. This legislation broadens the definition of
criminal street gangs to include many types of state crimes, such as drive-by shooting,
rape, torture, carjacking, kidnaping, and assault with a deadly weapon.
By expanding the definition of gang membership, more gang members who commit
state crimes will be subjected to the higher penalties if they subsequently commit
a federal crime.
8. Gives prosecutors more time - up to 70 days to bring juvenile proceedings to
trail. Same length of time now available to pursue adult suspects will be applied to
juvenile cases as well.
9. Makes alien smuggling and firearms violations, such as trafficking, predicate
acts under RICO. This will also make alien smuggling a money laundering crime.
10. Promotes the use of military and non-military linguists to assist in translating
and monitoring wiretaps in gang investigations.
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a1ANNI, rt.INSTEIN
TTE
CALIron NIA COMMIE ON FOPEIGN RELAPONS
COMMITTEE ON THE Ju"CIAPT
COMMITTEE ON POLES AND AOMINIST TON
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WASHINGTON. DC 20570-0504
THE METNAMPNET"INE. CONTROL ACT OF 1996
U.S. Senator Dianne Feinstein
February 22, 1996
Introduction
Methamphetamine, also known as "crank" or "speed," is fast becoming the crack
epidemic of the 1990s . Its cheap cost, simple production, and the wide availability of
inexpensive ingredients used in production of the drug have caused methamphetamine
abuse to skyrocket throughout the country, particularly in western states.
The Public Statistics Institute indicates that in California hospitals, emergency
room admissions from methamphetamine overdoses have increased by more than 366
percent. In some counties, the increase is more than 1,000 percent.
California is the main producer of methamphetamine
The Drug Enforcement Administration has identified California as a "source
country" of methamphetamine, much like Columbia is for cocaine. DEA reports that of
all the methamphetamine seized from January 1.993 through May 1995 in Operation
Pipeline, a national drug enforcement effort targeting trafficking via U.S. highways, 92.8
percent was identified as having its point of origin in California.
Law enforcement officials say California is infested with hundreds of illicit
methamphetamine labs. Cn San Bernardino County, the Sheriffs office recorded 363 busts
of methamphetamine laboratories in 1995.
TfIE METHAMPHETAMINE CONTROL ACT OF 1996
Senator Feinstein's legislation focuses on two goals: First, increasing
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regulations and reporting requirements of the raw materials necessary to produce
methamphetamine. Second, increasing criminal penalties for possession of a listed
chemical with intent to manufacture methamphetamine and possession of
production methamphetamine-making paraphemalia.
1) Adds the precursor chemicals necessary to manufacture methamphetamine,
iodine, red phosphorous and hydrochloric gas to the Chemical Diversion and
Trafficking Act (CDTA).
Iodine and red phosphorous are the major components of hydriodic acid, an
essential chemical to make methamphetamine. Hydriodic acid or its sibling,
hydrochloric gas, is used to crystallize methamphetamine during the production
process. Adding iodine and red phosphorous to the CDTA would require
customers to provide their name and address and evidence of a legitimate purpose
for the purchase of these chemicals.
2) Imposes civil "three-strikes" for chemical supply companies that sell
chemicals used in the production of methamphetamine.
First Strike: Chemical supply houses receive a written warning by the DEA that
chemicals they have sold which are listed under the Chemical Diversion and
Trafficking Act are either above the allowable threshold or without the proper
reporting requirements and arc being used to make methamphetamine.
Second Strike: Fine of up to $250,000;
Third Strike: Shut down of company.
3) Remove the pseudoephedrine "loophole" from the Controlled Substances Act.
Ephedrinc, which is an essential ingredient in methamphetamne, is heavily
regulated. By contrast, pseudoephedrine, a common ingredient in over-the-
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counter medications is minimally regulated, easily obtainable and increasingly
used as a substitute in the production of methamphetamine. This Act adds
pseud oephedrine to the Controlled Substances Act.
U008
Industry and private consumers will still be able to obtain pseudoephedrine.
Private purchases of up to a 120 day supply or 24 grams will not be subject to any
regulatory requirements. The DEA would also waive registration requirements for
legitimate retail distributors as is currently the case for ephedrine. This would
ensure that over-the-counter cold remedies and other legitimate purchases would
be unaffected.
4) Doubles the maximum criminal penalty for possession of a designated "List I"
chemical with the intent to manufacture methamphetamine identified under
the CDTA..
Possession and distribution of ephedrine, pseudoephedrine and hydriodic acid
currently are subject to criminal sanctions. This legislation would add iodine in
large amounts. Additionally, consistent with current law, an offender could also be
subject to a $30,000 fine.
5) Increases the maximum criminal penalty from four to ten years for those who
possess equipment used to manufacture methamphetamine.
6) "Sense of the Senate" resolution supporting efforts for global chemical control.
The legislation would support the concept of a global "drug clearinghouse" to be
administered by the International Narcotics Control Board (INCB), part of the
United Nations Drug Control Commission. The INCB would monitor all
shipments of legal chemicals that could be used to make illicit drugs throughout
the world, thereby making it easier to identify and curtail smuggling of chemicals
like ephedrine.
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