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Nick Rahall on Crime
Democratic Representative (WV-3)
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Voted YES on enforcing against anti-gay hate crimes.
Congressional Summary:Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994: a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person. Provides technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of hate crimes, including financial grant awards. Proponent's argument to vote Yes:Rep. JOHN CONYERS (D, MI-14):This bill expands existing Federal hate crimes law to groups who are well-known targets for bias-based violence--they are sexual orientation, gender, gender identity, and disability. These crimes of violence are directed not just at those who are directly attacked; they are targeting the entire group with the
threat of violence.
Opponent's argument to vote No:Rep. LAMAR SMITH (R, TX-21): Every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice.
Reference: Local Law Enforcement Hate Crimes Prevention Act;
Bill HR.1913
; vote number 2009-H223
on Apr 2, 2009
Voted YES on expanding services for offenders' re-entry into society.
H.R.1593: Second Chance Act of 2007: Community Safety Through Recidivism Prevention or the Second Chance Act (Motion to Suspend the Rules and Pass). To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, and to improve reentry planning and implementation. Proponents support voting YES because:
Rep. CONYERS: Some 650,000 men and women are leaving the Federal and State prisons each year. While the vast majority of the prisoners are committed to abiding by the law and becoming productive members of society, they often encounter the same pressures & temptations that they faced before prison. More than two-thirds of them are arrested for new crimes within 3 years of their release. This exacts a terrible cost in financial terms as well as in human terms. The Second Chance Act will help provide these men and women with the training, counseling and other support needed to help them obtain
& hold steady jobs; to kick their drug and alcohol habits; rebuild their families; and deal with the many other challenges that they face in their efforts to successfully rejoin society.
Opponents recommend voting NO because:
Rep. GOHMERT: The programs that are sought to be renewed are ones we don't have information on how successful they were. I can tell you from my days as a judge, there was some anecdotal evidence that it looked like faith-based programs did a better job of dramatically reducing recidivism. In addition:
- There are some provisions that allow for too much administration. That is going to build a bigger bureaucracy.
- Dismissing all charges if someone completes drug rehab under another provision I think is outrageous. You are going to remove the hammer that would allow you to keep people in line?
- We also have a provision to teach inmates how they can go about getting the most welfare before they leave prison and go out on their own.
Reference: Second Chance Act;
Bill HR1593
; vote number 2007-1083
on Nov 13, 2007
Voted YES on funding for alternative sentencing instead of more prisons.
Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA;
Bill HR 4690
; vote number 2000-317
on Jun 22, 2000
Voted NO on more prosecution and sentencing for juvenile crime.
Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL;
Bill HR 1501
; vote number 1999-233
on Jun 17, 1999
Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.
Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Bill HR 2703
; vote number 1996-64
on Mar 14, 1996
Voted NO on making federal death penalty appeals harder.
Vote on a bill to make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts.
Bill HR 729
; vote number 1995-109
on Feb 8, 1995
Voted YES on replacing death penalty with life imprisonment.
Amendment to replace death penalty crimes in the 1994 Omnibus Crime Bill with life imprisonment.
Bill HR 4092
; vote number 1994-107
on Apr 14, 1994
Rated 80% by CURE, indicating pro-rehabilitation crime votes.
Rahall scores 80% by CURE on rehabilitation issues
CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are
- to use prisons only for those who have to be in them; and
- for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislator’s percentage score on CURE’s preferred votes.
Source: CURE website 00n-CURE on Dec 31, 2000
Require DNA testing for all federal executions.
Rahall co-sponsored the Innocence Protection Act:
Title: To reduce the risk that innocent persons may be executed.
Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit: - the Federal crime of which the person was convicted; or
- any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.
- Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.
- Provides grants to prosecutors for DNA testing programs.
- Establishes the National Commission on Capital Representation.
- Withholds funds from States not complying with standards for capital representation.
- Provides for capital defense incentive grants and resource grants.
- Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.
- Adds a certification requirement in Federal death penalty prosecutions.
- Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
Source: House Resolution Sponsorship 01-HR912 on Mar 7, 2001
Increase funding for "COPS ON THE BEAT" program.
Rahall co-sponsored increasing funding for "COPS ON THE BEAT" program
COPS Improvements Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for:
- the hiring or training of law enforcement officers for intelligence, antiterror, and homeland security duties;
- the hiring of school resource officers;
- school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools;
- innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; and
- enhanced community policing and crime prevention grants that meet emerging law enforcement needs.
Authorizes the Attorney General to make grants to: - assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and
- develop new technologies to assist state and local law enforcement agencies in crime prevention.
Source: COPS Improvements Act (S.368/H.R.1700) 07-S368 on Jan 23, 2007
Facilitate recovering crime victim restitution fees.
Rahall co-sponsored Crime Victim Restitution and Court Fee Intercept Act
Congressional Summary:
- Requires the chief justice of the highest court of any state that wishes to collect past-due, legally enforceable state judicial debts to designate a single state entity to communicate judicial debt information to the Secretary of the Treasury.
- Directs the Secretary, upon receiving notice from such an entity that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person.
- Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state.
Source: HR1416/S755 11-H1416 on Apr 7, 2011
Harsher sentencing for "pill mill" operators.
Rahall signed Pill Mill Crackdown Act
The Pill Mill Crackdown Act of 2011: Amends the Controlled Substances Act to:- double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill,
- increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and
- exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense.
Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture.- Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse.
- Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.
Source: H.R.1065 11-HR1065 on Mar 14, 2011
Rated 85% by the NAPO, indicating a tough-on-crime stance.
Rahall scores 85% by the NAPO on crime & police issues
Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.
"Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation’s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO’s accomplishments:
- Enactment of the Fair Sentencing Act
- Enactment of the National AMBER Alert Act
- Enactment of the Violent Crime Control and Law Enforcement Act
- Enactment of the Adam Walsh Child Protection and Safety Act
- Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)
VoteMatch scoring for the NAPO ratings is as follows:
- 0%-50%: soft on crime and police issues;
- 50%-75%: mixed record on crime and police issues;
- 75%-100%: tough on crime and police issues.
Source: NAPO ratings on Congress and politicians 2014_NAPO on Dec 31, 2014
Page last updated: Jul 14, 2016