Feinstein-Hatch-Schumer Gang Deterrence and
Community Protection Act of 2007

The Feinstein-Hatch-Schumer Gang Abatement and Prevention Act of 2007 includes more than $1 billion over the next five years for Federal, State and local law enforcement efforts against violent gangs, for witness protection programs, and services geared toward gang prevention. Included in the $1 billion is $100 million over five years to expand crime control grants to state and local governments, so they can hire additional prosecutors, staff and technology as needed to bring more cases against gangs and violent criminals. it is expected that this bill will draw the same level of opposition that stalled previous legislation.

Then there is the "Gang Elimination Act of 2007," a house bill that argues that the 800,000 gang members in the US is a larger army than all but six countries.

The Senate bill is endorsed by the National Association of Police Organizations. The new legislation also creates new criminal gang offenses to prohibit recruitment of minors in a criminal street gang, and to punish violent crimes related to gangs. The bill also replaces the current federal law's mere sentencing enhancement for gang-related conduct - a provision rarely used - with a new federal anti-gang law that directly criminalizes and penalizes criminal street gang crime, and related conspiracies and attempts to commit crimes in furtherance of a criminal street gang.

Many organizations have lined up against the 2005 bill. Sen. Bill Nelson of Florida has introduced a similar bill into the Senate. Nelson targets the growth of MS-13 in the US and blames its growth on the invasion of the US by Salvadorean gangs. The reality is that MS-13 and Calle 18 were founded in the US and exported to Central America, bringing gang culture to post civil war El Salvador and other countries. The bill adds a federal death penalty for gang crimes that result in death. It appears that in its present form, the death penalty provision has been dropped in the 2007 bill.

The bill is being hotly debated in communities around the US.

Chicago Police Get Prepared:
A Sign of Things to Come?

The Gang Deterrence and Community Protection Act of 2005 is likely to neither deter gangs nor protect the community. The latest in a long list of repressive legislation, the bill appears to be based on stereotypes of gangs, not research. Watch this space for more information on the 2007 bill as it becomes available

The 2005 senate bill, sponsored by Ilinois Senator Dick Durban, criminalized participation in street gangs as well as other repressive provisions.

Among other opponents of the bill, Families Against Mandatory Minimums pointed out the 2005 legislation

· Adds many new mandatory minimum penalties to the criminal street gangs statute;
· Broadens the definition of a street gang, and changes the definition of crime of violence to include drug trafficking crimes that involve no violence whatsoever;
· Increases from five to seven years the mandatory consecutive sentence for carrying or possessing a firearm in connection with a drug trafficking offense or violent felony;
· Increases the mandatory penalty for discharging a firearm from ten to 15 years, and
· Makes defendants convicted of “conspiracy” to commit drug trafficking or crimes of violence eligible for the mandatory consecutive firearm penalties if a firearm is involved, even if the defendant did not possess or use the firearm.

Feinstein-Hatch-Schumer Gang Deterrence and Community Protection Act of 2007

"Moral Panic" Background to the Legislation

Important Sites to Understand the 2005 Bill

Feinstein-Hatch-Schumer Gang Deterrence and
Community Protection Act of 2007

"Moral Panic"
Background to the Legislation