CRIME CONTROL ACT OF 1990 (PUB. L. 101-647)

Sexual Crimes Against Children. Pub.L. 101–647, Title III, § 321, Nov. 29, 1990, 104 Stat. 4817, provided:

“Sec. 321. Sentencing Commission Guidelines.

The United States Sentencing Commission shall amend existing guidelines for sentences involving sexual crimes against children, including offenses contained in chapter 109A of title 18, so that more substantial penalties may be imposed if the Commission determines current penalties are inadequate.”

Kidnapping, Abduction, or Unlawful Restraint. Pub.L. 101–647, Title IV, § 401, Nov. 29, 1990, 104 Stat. 4819, amended 18 U.S.C. § 1201 by adding the following new subsection:

“(g) Special Rule for Certain Offenses Involving Children.—

(1) To Whom Applicable.—If—

(A) the victim of an offense under this section has not attained the age of eighteen years; and

(B) the offender—

(i) has attained such age; and

(ii) is not—

(I) a parent;

(II) a grandparent;

(III) a brother;

(IV) a sister;

(V) an aunt;

(VI) an uncle; or

(VII) an individual having legal custody of the victim;

the sentence under this section for such offense shall be subject to paragraph (2) of this subsection.

(2) Guidelines.—The United States Sentencing Commission is directed to amended the existing guidelines for the offense of ‘kidnapping, abduction, or unlawful restraint,’ by including the following additional specific offense characteristics: If the victim was intentionally maltreated (i.e., denied either food or medical care) to a life-threatening degree, increase by 4 levels; if the victim was sexually exploited (i.e., abused, used involuntarily for pornographic purposes) increase by 3 levels; if the victim was placed in the care or custody of another person who does not have a legal right to such care or custody of the child either in exchange for money or other consideration, increase by 3 levels; if the defendant allowed the child to be subjected to any of the conduct specified in this section by another person, then increase by 2 levels.”

Report on Mandatory Minimum Sentencing Provisions. Pub.L. 101–647, Title XVII, § 1703, Nov. 29, 1990, 104 Stat. 4845, provided:

“Sec. 1703. Report on Mandatory Minimum Sentencing Provisions.

(a) Report.—Not less than six months after the date of enactment of this Act, the United States Sentencing Commission shall transmit to the respective Judiciary Committees of the Senate and House of Representatives a report on mandatory minimum sentencing provisions in Federal law.

(b) Components of Report.—The report mandated by subsection (a) shall include:

(1) a compilation of all mandatory minimum sentencing provisions in Federal law;

(2) an assessment of the effect of mandatory minimum sentencing provisions on the goal of eliminating unwarranted sentencing disparity;

(3) a projection of the impact of mandatory minimum sentencing provisions on the Federal prison population;

(4) an assessment of the compatibility of mandatory minimum sentencing provisions and the sentencing guidelines system established by the Sentencing Reform Act of 1984;

(5) a description of the interaction between mandatory minimum sentencing provisions and plea agreements;

(6) a detailed empirical research study of the effect of mandatory minimum penalties in the Federal system;

(7) a discussion of mechanisms other than mandatory minimum sentencing laws by which Congress can express itself with respect to sentencing policy, such as:

(A) specific statutory instructions to the Sentencing Commission;

(B) general statutory instructions to the Sentencing Commission;

(C) increasing or decreasing the maximum sentence authorized for particular crimes;

(D) Sense of Congress resolutions; and

(8) any other information that the Commission would contribute to a thorough assessment of mandatory minimum sentencing provisions.

(c) Amendment of Report.—The Commission may amend or update the report mandated by subsection (a) at any time after its transmittal.”

Offenses Affecting Financial Institutions. Pub.L. 101–647, Title XXV, § 2507, Nov. 29, 1990, 104 Stat. 4862, provided:

“Sec. 2507. Increased Penalties in Major Bank Crime Cases.

(a) Increased Penalties.—Pursuant to section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987 [28 U.S.C. 994 note], the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide that a defendant convicted of violating, or conspiring to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code, or section 1341 or 1343 affecting a financial institution (as defined in section 20 of title 18, United States Code) shall be assigned not less than offense level 24 under chapter 2 of the sentencing guidelines if the defendant derives more than $1,000,000 in gross receipts from the offense.

(b) Amendments to Sentencing Guidelines.—If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result.”

Smokable Crystal Methamphetamine. Pub.L. 101–647, Title XXVII, § 2701, Nov. 29, 1990, 104 Stat. 4912, provided:

“Sec. 2701. Sentencing Commission Guidelines.

“The United States Sentencing Commission is instructed to amend the existing guidelines for offenses involving smokable crystal methamphetamine under section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) so that convictions for offenses involving smokable crystal methamphetamine will be assigned an offense level under the guidelines which is two levels above that which would have been assigned to the same offense involving other forms of methamphetamine.”

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