Elizabeth Furse on Crime Former Democratic Representative (OR-1)

Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.

Voted NO on making federal death penalty appeals harder.

Voted YES on replacing death penalty with life imprisonment.

Stricter sentencing for hate crimes.

Congressional Summary:

• To make sentencing guidelines for Federal criminal cases that provide sentencing enhancements for hate crimes.
• Amends the Federal judicial code to require the U.S. Sentencing Commission to:
• promulgate or amend existing guidelines to provide for sentencing enhancements of not less than three offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes; and
• assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions.

Proponents' Argument in Favor:Rep. SENSENBRENNER. This bill does not create a new Federal crime. Nothing that is presently not criminal now would be made criminal as a result of enactment. What enactment of H.R. 1152 will do is provide for enhanced criminal penalties for certain specifically designated hate crimes. As used in the bill, the term hate crime is defined as a Federal crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of the person. Hate crimes are more serious offenses and often result in a greater level of injury to the victim and to society.

More prison cells; more truth in sentencing.

• To encourage each State to adopt truth in sentencing laws and to help fund additional spaces in the State correctional programs as needed.
• Provide grants to States to build, expand, or operate space in correctional facilities in order to implement specified "truth in sentencing" requirements.
• Requires a State, to be eligible for funding under this Act, to have in effect throughout the State such requirements, including provisions which:
  1. restrict parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85% of the sentence imposed by a judge or jury;
  2. require the sentencing authority to allow the defendant's victim or the victim's family the opportunity to be heard regarding the issue of sentencing;
  3. allow as a sentencing option a "life sentence" without the possibility of parole; and
  4. provide that the victim and the victim's family shall be notified whenever such defendant is to be released.

Life imprisonment for repeat sexual predators.

Expresses the sense of the Congress that States should:
• more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with first-time sexual offenders and whether to grant parole to sexual offenders; and
• review their treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals.
• Whoever violates provisions regarding aggravated sexual abuse after previously having been convicted of another State or Federal sexual abuse offense shall be imprisoned for life.
• Establish guidelines for State programs requiring any person who is convicted of a sex offense to register and keep up to date a current address with a designated State law enforcement agency for ten years after being released from prison
• Maintain on-line availability of information obtained under this Act
• Carry out a study of persistent sexual predators and to report to the Congress and the President.