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CRIME AND JUSTICE

    Safe Neighborhoods | DNA as a Crime Fighting Tool | Protecting Against Hoaxes | Identity Theft | Enforcing Gun Laws | Memorials for Law Enforcement Officers | Inmate Rehabilitation

    As a member of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, a former federal prosecutor, and a member of the bipartisan Law Enforcement Caucus, I am deeply committed to fighting crime and working to make our neighborhoods safe.

    In providing ample resources and the latest technologies available to law enforcement officials, we can employ the most effective and expeditious methods in solving crimes so that justice can be served as swiftly as possible.

    Safe Neighborhoods

    Keeping Children and Families Safe

    I voted in support of the Keeping Children and Families Safe Act to authorize $312 million to prevent child abuse, expand adoption opportunities, assist abandoned infants, and prevent family violence.

    Unfortunately, child abuse is widespread in this country. This legislation would ensure that states have the necessary resources and flexibility to deal effectively with child abuse and family violence, while educating the public on prevention.

    For more information on this legislation, please click here.

    National AMBER Alert Network

    As the parent of two young children, we must do everything possible to safeguard our children and facilitate the recovery of abducted and missing children.

    I was an original cosponsor of H.R. 412 (108th), the National AMBER Alert Network Act, to provide for a seamless national AMBER Alert system in order to respond to abductions quickly and effectively, even if abductors flee across state lines. Adopted unanimously by the Senate, this legislation was also strongly supported by the Polly Klaas Foundation and the family of Elizabeth Smart.

    I supported passage of the Child Abduction Prevention Act, which included the AMBER Alert legislation that was enacted in 2003.

    DNA as a Crime Fighting Tool

    As a former federal prosecutor, I recognize what a powerful tool the use of DNA has become in solving crimes. In April 2003, I introduced the DNA Database Enhancement Act, which will enable law enforcement agents from around the country to more effectively compare and match DNA samples with the national database. DNA evidence is perhaps the most powerful tool we have to solve unsolved murder and rape cases. The failure to make effective use of this tool is in itself, criminal.

    Specifically, my bill would:

    1. Inclusion of DNA samples from persons convicted of violent felonies. Currently, federal law only requires that a state collect for analysis DNA samples from persons convicted of a felony of a sexual nature. This provision would amend this to broaden the requirement to include all individuals convicted of violent felonies.

    2. Authorization for states to upload DNA samples collected in a lawful manner. In Virginia, law enforcement is authorized to collect DNA samples from suspects being charged with violent crimes and other felonies. The uploading of these samples to the state’s database has yielded tremendous results, with forensic officials making their 1,000th "cold hit" last year by matching a rape suspect to a 2001 sexual assault case. This provision would facilitate crime solving and information sharing among local and state law enforcement agencies, by permitting states to upload collected DNA samples to the national database.

    3. Ensure that law enforcement can compare collected DNA samples with the national database. While most states already run comparisons on collected samples, some states have restrictions on how and when samples can be compared. This bill will increase the effectiveness of DNA databases in crime solving by removing restrictions that impede the comparison of DNA samples against established DNA databases. Where DNA is given voluntarily or obtained by law enforcement in a lawful manner, law enforcement should be able to compare those samples with CODIS.

    Provisions of this bill passed the House of Representatives in the 108th Congress as part of the Advancing Justice Through DNA Technology Act.

    For more information on this bill, please click here.

    Protecting Against Hoaxes

    Our communities continue to struggle each day to meet the demands of our citizens and prepare for potential terrorist attacks. They are working around the clock to strengthen and improve protocols to respond swiftly and safely in the event of a terrorist attack. Every time a suspected threat turns out to be a hoax, however, it costs the taxpayers an enormous amount of money and a waste of resources. Instead of responding to these hoaxes, our policemen and firefighters should be out protecting our community. We simply cannot allow hoaxes to clog up the investigation of other potentially life-threatening dangers.

    That is why I have joined my colleague, Rep. Lamar Smith from Texas, in introducing the Anti-Hoax Terrorism Act (H.R. 1678 in 108th). Those who would prey on the fears of the American public and keep our first responders chasing empty hoaxes instead of saving lives should be punished.

    The Anti-Hoax Terrorism Act creates criminal and civil penalties for falsely reporting chemical, biological or nuclear threats including those in written or verbal form, as well as those communicated through physical actions.

    Under this bill, perpetrators of such hoaxes would be subject to the following penalties:

    • A prison sentence of not more than five years or a fine, or both;

    • Liability in a civil action, including the cost of a response made by any military or civilian agency to protect public health or safety; and

    • Liability for reimbursement expenses for the false impression(s) created.

    To read more about this legislation, please click here.

    Cracking Down on Identity Theft

    Felonies arising from identity theft continue to be a very serious problem. The Federal Trade Commission reported 162,000 identity theft complaints in 2002 alone, with estimated losses of $2.1 billion, making identity theft the No. 1 consumer complaint in the nation.

    Therefore, I recently joined my colleague, Rep. Carter of Texas, in introducing H.R. 1731 (108th), the Identity Theft Penalty Enhancement Act. This legislation will facilitate the prosecution of criminals who steal identities in order to commit felonies.

    Just as concerning, is the fact that the theft of identities aids terrorist crimes. Foreign terrorists can move more freely in the U.S. with illicit IDs, credit cards, and other documentation. Insufficient legislation and prosecution has allowed a situation to arise where identities are easy to steal without fear of reprisal.

    The Identity Theft Penalty Enhancement Act gives prosecutors greater power in convicting and sentencing an identity thief, including creating a new and separate crime of “aggravated identity theft” for any person who uses the identity of another person to commit certain felonies.

    This legislation passed the House of Representatives on June 23, 2004 and the U.S. Senate on June 25, 2004, and currently awaits signature by the President. These improvements will help make our nation a safer place and will effectively address the problem of felony complaints to the FTC

    Enforcing Gun Laws

    Reauthorizing the Assault Weapons Ban
    Each year, too many innocent lives are lost because of accidents and crimes involving firearms. Assault weapons are especially attractive to criminals because of the ability to quickly target a relatively wide area with a lethal spray of bullets. Since its introduction in 1994, the ban on assault weapons has increased public safety and prevented dangerous weapons from falling into the hands of violent criminals and terrorists.

    This is why I am a cosponsor of H.R. 2038 (108th), the Assault Weapons Ban and Law Enforcement Protection Act, to reauthorize the much-needed assault weapons ban.

    Improving the Background Check System for Gun Sales
    I was a cosponsor of the Our Lady of Peace Act, H.R. 4757 (107th), a bill encouraging states to update information in the National Instant Criminal Background Check System (NICS), used to monitor and/or restrict gun purchases. By a 30-2 vote, the House Judiciary Committee approved this bill to help weed out felons and others ineligible to purchase firearms.

    Since 1994, more than 689,000 people have been denied gun purchases because the instant check system has found they had criminal records or other disqualifying conditions, such as domestic violence records or mental health problems. However, there have been many delays in the background check system because states have failed to computerize their criminal and mental illness records.

    The bill provides $250 million a year in grants for the years 2004-2006 to help states improve their information collection systems. The bill also authorizes $125 million a year for fiscal 2004 through 2006 for the Attorney General to carry out provisions of the gun check program.

    The legislation was named after a shooting in New York where a priest and parishoner were shot at the Our Lady of Peace Church by a deranged man who shouldn't have had a gun to begin with.

    Closing the Gun Show Loophole
    I was a cosponsor of H.R. 2377 (107th), the Gun Show Loophole Closing and Gun Law Enforcement Act. This common sense legislation protected the rights of legitimate gun owners, strengthened important enforcement laws already in place and helped us explore new technologies that can keep guns away from criminals.

    The bill:

    • Requires 3 business days to conduct a background check for guns bought at gun shows;

    • Provides incentives and funds to help states modernize their records and prosecute gun offenders; and

    • Adds new ATF agents and gun crime prosecutors.

    Law Enforcement Tribute Act

    Police officers and firefighters touch the lives of so many Americans. When an officer is killed in the line of duty and community leaders want to create a memorial in their honor, lack of funding shouldn't stand in their way. Therefore, I authored the Law Enforcement Tribute Act, which created the first-ever national fund for disbursing federal grants to states and localities to help construct memorials for those killed or disabled while serving as law enforcement or public safety officers.

    Serving as the original inspiration for the Law Enforcement Tribute Act is the Glendale Police Officers Association Foundation and its efforts to raise the funds to create a Glendale Police Memorial for their fallen officer, Charles A. Lazzaretto. 'Chuck' Lazzaretto was killed in a shoot-out in May 1997 along with three other officers in the line of duty. Officer Lazzaretto joined the Glendale Police Department on May 3, 1987 where he was appointed as a reserve police officer. In 1991, he received the rank of officer and worked assignments in the juvenile, burglary, auto theft, arson, and robbery/homicide areas. Officer Chuck Lazzaretto is survived by his wife and two sons, Andrew and Matthew, his parents and three brothers.

    Recently, federal funding was approved to help build community memorials to honor our brave fallen law enforcement officers as part of this bill.

    To read more about the Law Enforcement Tribute Act, please click here.

    Improving Prison Inmate Rehabilitation Programs

    The rehabilitation of inmates is paramount to the safety of our communities. I therefore introduced two amendments, which passed the House Judiciary Committee as part of H.R. 1829 (108th), the Federal Prison Industries Competition in Contracting Act, to assist in this matter. This piece of legislation provides for the implementation of the following vocational and rehabilitative programs:

    • In-prison assessments of inmates' needs and aptitudes

    • A full range of educational opportunities

    • Vocational training and apprenticeships

    • Comprehensive release-readiness preparation

    My first amendment requires a firm timetable for implementation of these valuable vocational and rehabilitation programs in all federal prisons. In addition to establishing such programs, policymakers also need data to determine the efficacy of such programs designed to rehabilitate and assist inmates. Therefore, the second amendment I offered requires a study of the effectiveness of various vocational and rehabilitative efforts on curbing recidivism rates.

    To read more about these amendments, please click here.

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