S 378

A bill to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes.

Sponsor: Patrick J. Leahy (D) VT

Status: Passed

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4/19/2007--Passed Senate amended. Court Security Improvement Act of 2007 - Title I: Judicial Security Improvements and Funding - (Sec. 101) Amends the federal judicial code to require the Director of the U.S. Marshals Service to consult with the Judicial Conference of the United States (Judicial Conference) on a continuing basis regarding the security requirements of the judicial branch.(Sec. 102) Amends the Ethics in Government Act of 1978 to: (1) authorize the Judicial Conference to allow redactions of personal information of family members of judges from financial disclosure forms filed by such judges; (2) extend through 2009 the authority of the Judicial Conference to redact certain personal information of judges from financial disclosure reports; and (3) require the Administrative Office of the U.S. Courts to include in its annual report to the House and Senate Judiciary Committees additional information about redactions from financial disclosure forms.(Sec. 104) Amends the federal judicial code and the Internal Revenue Code to authorize the U.S. Marshals Service to provide security for the U.S. Tax Court. (Sec. 105) Authorizes an additional appropriation in each of FY2007-FY2011 for the U.S. Marshals Service for protection of the judiciary. Requires such additional funding to be used for: (1) hiring entry-level deputy marshals to provide judicial security; (2) hiring senior-level deputy marshals for investigating threats to the judiciary and for providing protection for members of the judiciary and assistant U.S. attorneys; and (3) the Office of Protective Intelligence. Title II: Criminal Law Enhancements To Protect Judges, Family Members, and Witnesses - (Sec. 201) Amends the federal criminal code to prohibit the filing (or attempts or conspiracies to file) in any public record any false lien or encumbrance against the real or personal property of any U.S. officer or employee on account of the performance of that officer's or employee's official duties, knowing such lien or encumbrance is false. Impose a fine and/or prison term of up to 10 years for violations.(Sec. 202) Prohibits the public disclosure of restricted personal information about a federal officer or employee, witness, or juror (or immediate family members) with the intent to threaten or cause harm to such individuals. Imposes a fine and/or prison term of up to five years for violations.(Sec. 203) Prohibits the possession of dangerous weapons in federal court facilities. (Sec. 204) Sets forth venue requirements for prosecutions for retaliation against a witness. (Sec. 205) Increases maximum prison terms for tampering with, or retaliating against, a witness, victim, or informant.(Sec. 207) Increases maximum prison terms for voluntary and involuntary manslaughter. Title III: Protecting State And Local Judges And Related Grant Programs - (Sec. 301) Amends the Violent Crime Control and Law Enforcement Act of 1994 to include as a required use of community-based justice grants the creation and expansion of state, local, or Indian tribe witness protection programs. Authorizes appropriations for FY2007-FY2011.(Sec. 302) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make state courts eligible for grants to improve court security (correctional options grants) and for armor vests. Title IV: Law Enforcement Officers - Requires the Attorney General to report to the House and Senate Judiciary Committees on the security of assistant U.S. attorneys and other federal attorneys arising from the prosecution of terrorists and other violent criminals. Requires such report to include information on the number and nature of threats and assaults against such attorneys, security measures in place to protect such attorneys, programs available to such attorneys for personal security training, secure parking spaces for such attorneys, and the role of the U.S. Marshals Service in protecting such attorneys.Title V: Miscellaneous Provisions - Amends the federal judicial code to: (1) authorize through FY2010 the U.S. Sentencing Commission to enter into multi-year procurement contracts and to make advance, partial, progress, or other payments for property or services to the same extent as executive agencies; (2) extend certain life insurance benefits to bankruptcy, magistrate, and territorial judges; (3) expand the powers of judges who have retired from active service (senior judges) to include all powers of a sitting judge, including participation in the appointment of court officers, the selection of magistrate judges, rulemaking, governance, and administrative matters; (4) reduce the number of judges on the Court of Appeals for the District of Columbia Circuit from 12 to 11; and (5) increase the number of judges on the Court of Appeals for the Ninth Circuit from 28 to 29.

Text of Legislation:

S 378 IS

111th CONGRESS

1st Session

S. 378

To correct the interpretation of the term proceeds under RICO.

IN THE SENATE OF THE UNITED STATES

February 4, 2009

Mr. BAYH (for himself and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To correct the interpretation of the term proceeds under RICO.

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 ‘Money Laundering Control Enhancement Act of 2009’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) According to the 2007 National Money Laundering Strategy, ‘Money laundering, in its own right, is a serious threat to our national and economic security. Integrating illicit proceeds into the financial system enables organized crime, fuels corruption, and erodes confidence in the rule of law.’.

(2) The United Nations Convention Against Transnational Organized Crime, the Model Money Laundering Act, and the 14 States that have money laundering statutes that define the term proceeds do so in a way that encompasses gross receipts.

(3) In United States v. Santos (2008) (128 S. Ct. 2020), the Supreme Court misinterpreted Congressional intent with respect to the definition of proceeds in money laundering crimes.

SEC. 3. PROCEEDS.

Section 1956(c)(1) of title 18, United States Code, is amended by striking ‘represented proceeds’ and inserting ‘represented proceeds, including gross receipts,’.

SEC. 4. SENTENCING COMMISSION STUDY.

The United States Sentencing Commission shall--

(1) study any merger problem that may result from the amendment made by this Act and, if necessary, amend its guidelines to avoid unwarranted sentencing disparities among those found guilty of similar criminal conduct; and

(2) report the findings of the study to Congress not later than 6 months after the date of enactment of this Act.

Full Text of Legislation

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Law

Assault

Authorization

Bankruptcy courts

Budgets

Civil liberties

Computer security measures

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