Bobby Scott on Crime Democratic Representative (VA-3)

Voted YES on enforcing against anti-gay hate crimes.

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.

Voted YES on expanding services for offenders' re-entry into society.

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.

Voted YES on funding for alternative sentencing instead of more prisons.

Voted NO on more prosecution and sentencing for juvenile crime.

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.

Rated 100% by CURE, indicating pro-rehabilitation crime votes.

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

1. to use prisons only for those who have to be in them; and
2. for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.

Moratorium on death penalty; more DNA testing.

H.R. 1038, S.233:

To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty .

To reduce the risk that innocent persons may be executed [by examining DNA evidence more thoroughly].

• H. R. 912, 3/7/2001, Innocence Protection Act of 2001 (Delahunt, et. al.)
• S.486, 3/7/2001, Innocence Protection Act of 2001 (Leahy, et. al.)
• H.R.1038, 3/15/2001, National Death Penalty Moratorium Act of 2001 (Jackson (IL), Rodriguez, Clay, Hoeffel, Jackson-Lee (TX))
• S.233, 1/31/2001, National Death Penalty Moratorium Act of 2001 (Feingold, Levin, Wellstone, Corzine)

Require DNA testing for all federal executions.

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:
1. the Federal crime of which the person was convicted; or

2. any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.

3. 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.

4. Provides grants to prosecutors for DNA testing programs.

5. Establishes the National Commission on Capital Representation.

6. Withholds funds from States not complying with standards for capital representation.

7. Provides for capital defense incentive grants and resource grants.

8. Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.

9. Adds a certification requirement in Federal death penalty prosecutions.

10. Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.

Increase 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:

1. the hiring or training of law enforcement officers for intelligence, antiterror, and homeland security duties;
2. the hiring of school resource officers;
3. 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;
4. innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; and
5. enhanced community policing and crime prevention grants that meet emerging law enforcement needs.

Authorizes the Attorney General to make grants to:
1. 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
2. develop new technologies to assist state and local law enforcement agencies in crime prevention.

Reduce recidivism by giving offenders a Second Chance.

Recidivism Reduction and Second Chance Act of 2007
• Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society.
• Directs the Attorney General to award grants for:
  1. state and local reentry courts;
  2. Comprehensive and Continuous Offender Reentry Task Forces;
  3. pharmacological drug treatment services to incarcerated offenders;
  4. technology career training for offenders;
  5. mentoring services for reintegrating offenders into the community;
  6. pharmacological drug treatment services to incarcerated offenders;
  7. prison-based family treatment programs for incarcerated parents of minor children; and
  8. a study of parole or post-incarceration supervision violations and revocations.

Abolish the federal death penalty.

Congressional Summary:

• Repeals death penalty provisions for a wide range of homicide-related offenses, including offenses punished under the Uniform Code of Military Justice.
• Prohibits the sentencing to death or execution of any person for any violation of federal law after the enactment of this Act.
• Commutes death penalties imposed prior to the enactment of this Act to life imprisonment without the possibility of parole.

OnTheIssues Notes: This bill affects only the FEDERAL death penalty, not STATE death penalties. The death penalty is currently implemented in 34 states. It was re-legalized by a Supreme Court decision in 1977, for both state and federal executions. Since then, 1,278 people have been executed, but only 3 of those have been federal executions. About 3,250 inmates remain on 'Death Row,' and 61 for federal death row. Texas is by far the national leader in executions--it has executed 477 people as of Jan. 2012, 37% of the national total. (Virginia is a very distant second with 109). In other words, this bill is largely symbolic, unless states followed the federal abolition.

Apply evidence-based & proven prevention for street gangs.

Congressional Summary:Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth Promise Act:

• Establish a PROMISE Advisory Panel to assess and develop standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity.
• Collect data to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention.
• Implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities.
• Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention.
• Awards grants to institutions of higher education to serve as regional research partners with PCCs that are located in the same geographic region as the educational institution.

Opponent's argument against bill: (Dissenting views on

Sponsored providing defense lawyers for all indigent defendants.

Congressional RESOLUTION supporting the Sixth Amendment to the US Constitution, the right to counsel.
• WHEREAS on March 18, 1963, the Supreme Court recognized in Gideon v. Wainwright that counsel must be provided to indigent defendants in all felony cases;
• WHEREAS the Supreme Court held that providing counsel to indigent defendants in all felony cases meets the essential requirements of the Sixth Amendment to the US Constitution; and
• WHEREAS the Supreme Court held in Argersinger v. Hamlin that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless they were represented by counsel at their trial:

Now, therefore, be it RESOLVED, That the House of Representatives--
1. supports the Sixth Amendment to the US Constitution, the right to counsel; and
2. supports strategies to improve the criminal justice system to ensure that indigent defendants in all felony cases are ade Source: H.RES.196 13-HRes196 on May 3, 2013

   National standards on excessive use of police force.

   Scott co-sponsored H.Res.589

   Congressional Summary: Congress finds the following:

   • This past year alone we have seen 7 different incidents of the unjustified use of lethal and excessive force by police officers against African-Americans
   • From 2011 to 2015, 28,500 complaints filed against Chicago Police officers resulted in no discipline.
   • These incidents and countless others are not isolated but reflect a pervasive pattern of racial bias in the use of excessive force in communities of color.
   • It is the will of the Congress that a select committee be formed to investigate these patterns of excessive use of force in communities of color, and recommend:
   • A uniform definition of `excessive use of force` for purposes of criminal prosecutions of law enforcement officers who employ force against individuals suspected of criminal offenses.
   • Collection of accurate and reliable data on police shootings and the use of excessive force.
   • Implementation of a national database to make available to the public data on complaints filed against law enforcement officers and departments alleging excessive use of force.
   • Creation of effective training methods and mental counseling of a law enforcement officer to understand what is and is not a real threat to his or her safety, and to examine his or her reactions to presumed threats for any latent racial bias, animus, or hostility.
   OnTheIssues Notes:The 'Black Lives Matter' movement seeks to get police to stop treating African-Americans differently than white suspects. The movement comes to the fore whenever a video emerges from a police shooting of black suspects, as has occurred regularly over the past years. Saying 'Black Lives Matter' blames the police for institutionalized racism, and demands corrective action by changing how police behave. The counter-movement uses the term 'Blue Lives Matter,' implying support of police in a dangerous job. Source: Select Committee on Excessive Use of Police Force 16-HRes589 on Jan 13, 2016

   First step: reduce recidivism & mass incarceration.

   Scott voted YEA First Step Act

   Congressional Summary:

   • TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
   • TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
   • TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
   • TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

   Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

   Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

   Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

   Source: Congressional vote 18-S756 on Dec 20, 2018

   Stricter sentencing for hate crimes.

   Scott co-sponsored 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.

   Source: Hate Crimes Sentencing Enhancement Act (H.R.1152) 1993-H1152 on Mar 1, 1993

   Rated 85% by the NAPO, indicating a tough-on-crime stance.

   Scott 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

   Sponsored stricter rules for police accountability.

   Scott co-sponsored George Floyd Justice in Policing Act

   This bill addresses policing practices and law enforcement accountability:

   • lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
   • limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
   • grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

   Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

   OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

   Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

   Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.

   Source: H.R.1280 21-HR1280 on Feb 24, 2021

   Click here for definitions & background information on Crime. Click here for HouseMatch answers by Bobby Scott. Click here for a summary of Bobby Scott's positions on all issues. Click here for a summary of Bobby Scott's positions on the AmericansElect.org quiz. Click here for contact information for Bobby Scott. Click here for a Wikipedia profile of Bobby Scott. Click here for a Ballotpedia profile of Bobby Scott. Click here for other VA politicians. Click here for VA primary archives. Click here for VA secondary archives.
   2021-22 Governor, House and Senate candidates on Crime:			Bobby Scott on other issues:
   VA Gubernatorial: Amanda Chase Bob McDonnell Frank Wagner Glenn Youngkin Jennifer Carroll Foy Jennifer McClellan Justin Fairfax Ken Cuccinelli Kirk Cox Lee Carter Mark Herring Pete Snyder Ralph Northam Robert Sarvis Terry McAuliffe Tim Kaine Tom Perriello VA Senatorial: Amanda Chase Corey Stewart Daniel Gade Mark Warner Scott Taylor Tim Kaine	Open Seats / Turnovers 2022: AL-5: Mo Brooks (R) running for AL Senator CA-37: Karen Bass (D) running for mayor of Los Angeles FL-10: Val Demings (D) running for FL Senator FL-13: Charlie Crist (D) running for FL governor HI-2: Kai Kahele (D) running for MD governor MD-4: Anthony G. Brown (D) running for attorney general of Maryland MO-4: Vicky Hartzler (R) running for MO Senator MO-7: Billy Long (R) running for MO Senator NY-1: Lee Zeldin (R) running for NY governor NY-3: Thomas Suozzi (D) running for NY governor NC-8: Ted Budd (R) running for NC Senator NC-11: Madison Cawthorn (R) Incumbent lost renomination OH-13: Tim Ryan (D) running for OH Senator OK-2: Markwayne Mullin (R) running for OK Senator OR-5: Kurt Schrader (D) Incumbent lost renomination PA-17: Conor Lamb (D) running for PA Senator SC-7: Tom Rice (R) Incumbent lost renomination TX-1: Louie Gohmert (R) running for attorney general of Texas VT-0: Peter Welch (D) running for VT Senator Special Elections 2021: LA-2: Troy Carter (R, April 2021) LA-5: Julia Letlow (R, March 2021) NM-1: Melanie Stansbury (D, June 2021) OH-11: Shontel Brown (D, Nov. 2021) OH-15: Mike Carey (R, Nov. 2021) TX-6: Jake Ellzey (R, July 2021)	Hot Races 2022: CA-27: Christy Smith (D) vs. Mike Garcia (R) FL 27: Annette Taddeo (D) vs. Maria Elvira Salazar (R) GA-7: Carolyn Bourdeaux (D) lost redistricting race to Lucy McBath (D) GA-10: Vernon Jones(R) vs. Paul Broun (R,lost May 24 primary) to replace Jody Hice (R) running for Secretary of GA ME-2: Bruce Poliquin (R) rematch against Jared Golden (D) MI-10: John James (R) - running for newly redistricted seat MI-11: Andy Levin (D) redistricted to face Haley Stevens (D) MT 1: Ryan Zinke (R) - running for newly created seat MT-2: Al Olszewski(R) vs. Sam Rankin(Libertarian) vs. Matt Rosendale(R) NJ-7: Thomas Kean Jr. (R) challenging Tom Malinowski (R) NY-10: Bill de Blasio (D) challenging Mondaire Jones (D) NY-11: Max Rose (D) challenging Nicole Malliotakis (R) NY 12: Carolyn Maloney (D) redistricted to face Jerry Nadler (D) RI-2: Seth Magaziner (D) vs. Allan Fung (R) RI-1: Allen Waters (R) vs. David Cicilline (D) TX-34: Mayra Flores (R) - Elected SPEL June 2022; general election Nov. 2022 against Vicente Gonzalez (D) WA-4: Brad Klippert (R) challenging Dan Newhouse (R) WV-2: David McKinley lost a redistricting race to fellow incumbent Alex Mooney Special Elections 2022: AK-0: Sarah Palin (R) vs. Al Gross (Independent) CA-22: Connie Conway (R) replaced Devin Nunes on June 7. FL-20: Sheila Cherfilus-McCormick (D) replaced Alcee Hastings on Jan. 11. MN-1: vacancy left by Jim Hagedorn (R), deceased Feb. 17; SPEL on August 9. NE-1: Jeffrey Fortenberry (R) Resigned on March 31, after being convicted; Mike Flood (R) in SPEL on June 28. NY-19: Marc Molinaro (R) running for SPEL Aug. 23 for seat vacated by Antonio Delgado (D), now Lt.Gov. TX-34: Mayra Flores (R) SPEL June 14 for seat vacated by Filemon Vela Jr. (D)	Abortion Budget/Economy Civil Rights Corporations Crime Drugs Education Energy/Oil Environment Families Foreign Policy Free Trade Govt. Reform Gun Control Health Care Homeland Security Immigration Jobs Principles Social Security Tax Reform Technology War/Peace Welfare/Poverty Candidate Information: Main Page Profile VA politicians Contact info: Email Contact Form Mailing Address: Longworth HOB 1201, Washington, DC 20515 Official Website

   
   
   
   
   
   Page last updated: Oct 01, 2022; copyright 1999-2022 Jesse Gordon and OnTheIssues.org