Legislation to Combat Gang Violence

I wanted to set the record straight on the facts behind legislation that has been crafted to stiffen federal penalties against criminal street gangs.

I must admit I was a bit surprised by the Feb. 23 letters because they did not seem to reflect the goals of the legislation I will introduce soon in Congress. The problem of gang violence must be attacked on two fronts--by funding prevention programs and by making sure that violent incidents carry stiff penalties. The crime bill, passed by Congress in 1994, provides nearly $8 billion in prevention funds. And I am working to see that the Los Angeles request for a $5-million grant is approved by the Clinton administration.

But we cannot ignore the fact that gang violence is on the rise and we must make sure that penalties reflect the changing nature of this violence. Increasingly, gangs move across state lines, recruit minors to do the “dirty work” of gang activity and violate federal laws that pertain to interstate commerce and firearms violations. Yet over the course of the last six months, my staff has found that federal laws are not tough enough.

The Federal Gang Violence Act specifically addresses the fact that gangs are no longer simply an inner-city problem, but a national problem. This bill specifically addresses the interstate aspects of gangs in the following ways:

* Expands the list of unlawful activities in the federal travel act to include crimes associated with gang activity such as drive-by shootings, firearms trafficking, kidnapping, witness intimidation and others. This provision specifically targets the “traveling syndicates” that cross state lines to commit crimes;

* Increases penalties for interstate travel in aid of criminal gang activity;

* Adds to the list of crimes punishable under federal racketeering laws, firearms trafficking and alien smuggling, crimes that more and more are associated with highly organized street gangs.

Bishop Charles Blake, for whom I have a great deal of respect, unfortunately writes that this legislation “perpetuates the myth that the drug and gang problems are innate in urban minority communities.” I would urge everyone to read the specifics of this legislation to fully understand this is meant to be just one tool in our fight against gangs.

We all know that stopping gang violence means offering prevention programs that work and making sure we teach our young adults how to be good parents to their children growing up in our cities today. In addition to penalties and prevention programs, ultimately it is families and communities that are going to have to step up and take responsibility for raising youngsters to turn away and against gangs. The federal government cannot do it for them.

Gang violence is something that touches the lives of all of us. This legislation is simply an effort to attack one aspect of the problem.

There is no silver bullet in the fight against gangs, but my bill is one step--among many that are necessary--in the right direction.

SEN. DIANNE FEINSTEIN

D-Calif.