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Congressman Cole Votes for Legislation to Protect Communities from Gang Violence

May 11, 2005

Washington, D.C. – Congressman Tom Cole voted today for legislation that helps curb the growing national problem of gang violence across the United States. The Gang Deterrence and Community Protection Act of 2005 (H.R. 1279) passed today in the House.

"While the national crime rate continues to decline, gang-related violence has risen. And even though at one time, gangs were confined to inner-cities, they are now increasingly appearing in rural and suburban areas across the country," Congressman Tom Cole said. "This legislation puts forth a comprehensive plan that will address this problem by increasing gang-related prosecutions and helping to prevent gang-related crimes."

According to the Department of Justice, there are currently over 25,000 active gangs in 3,000 jurisdictions around the United States. The bill authorizes increases in federal funding to support law enforcement efforts at all levels, and enhances existing gang and violent crime penalties.

This legislation will toughen penalties for gang crimes that are committed in order to further the activities of criminal street gang:

  • Life in prison or death for any crime resulting in death;
  • Mandatory minimum of 30 years in prison for kidnapping, aggravated sexual abuse or maiming;
  • Mandatory minimum of 20 years in prison for an assault resulting in serious bodily injury;
  • Mandatory minimum of 10 years in prison for any other gang crime.

The legislation contains a number of other measures aimed at reducing gang violence including:

  • Extending the statute of limitations for violent crime from 5 to 15 years after the offense occurred or the continuing offense was completed;
  • Increasing penalties for criminal use of firearms in crimes of violence and drug trafficking;
  • Modification of the list of RICO (Racketeer Influenced and Corrupt Organizations Act) predicates to clarify applicability of offenses which occur on Indian country or in any other area of exclusive Federal jurisdiction;
  • Authorization for the Attorney General to charge as an adult in federal court a juvenile who is 16 years or older and commits a crime of violence;
  • Designation of and assistance for "High Intensity" interstate gang activity areas;
  • $20 million for each of the fiscal years 2005 to 2009 to allow for the hiring of additional state and local prosecutors, and the purchasing of technological equipment to increase the accurate identification and prosecution of violent offenders.

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