Larry LaRocco on Crime Democratic Senate Challenger; previously US Rep.

Voted NO 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.