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1 declaration made by one such defendant may be received in 2 evidence against any other such defendant if the court deter3 mines that (1) the declaration was made by the declarant 4 during his participation in the conspiracy, (2) there are in 5 existence facts and circumstances from which its trustworthi

6

ness may be inferred, (3) the declaration relates to the 7 existence or execution of the conspiracy, and (4) the decla8 ration was made during the time in which such other de9 fendant participated in the conspiracy.".

10 (b) The section analysis of chapter 223, title 18, United 11 States Code, is amended by adding at the end thereof the fol12 lowing new item:

"3504. Admissions of coconspirators.".

13 TITLE VIII-SPECIAL OFFENDER SENTENCING 14 SEC. 801. (a) Chapter 227 of title 18, United States 15 Code, is amended by adding at the end thereof the following 16 new sections:

17 "§ 3575. Increased punishment for habitual offenders

18

"(a) Whenever a United States attorney charged with 19 the prosecution of any person over the age of twenty-one 20 years in a court of the United States for an alleged offense 21 punishable as a felony has reason to believe that on two or 22 more previous occasions such person has been convicted of 23 a felony, and because of the dangerousness of such person 24 that a period of confined convictional treatment or custody.

19

1 longer than that provided for the offense for which he is 2 charged is required for the protection of the public, there 3 shall be appended to the indictment returned against such

4

person for such alleged offense a notice (1) specifying that 5 such person is an habitual offender who upon conviction for 6 such offense is subject to the imposition of a sentence under 7 subsection (b) of this section, and (2) setting out with 8 particularity each previous occasion on which such person 9 is alleged to have been convicted of a felony. In no case, 10 however, shall the fact that the accused is charged with 11 being a habitual offender be an issue upon the trial of the 12 felony charge and shall not in any manner be disclosed to 13 the jury.

14

18

"(b) If, in the trial of such person upon that indict15 ment, he is convicted of any offense described in that indict16 ment, the court shall, before sentence is imposed, hold a hear17 ing before the court alone to determine whether such person on two or more previous occasions has been convicted of a 19 felony. The court shall fix a time for the hearing and notice 20 thereof shall be given to such person at least three days prior 21 thereto. At the hearing, if the court shall find from the evi22 dence submitted during the trial or hearing, or on the basis 23 of the presentence report, that the accused on two or more 24 previous occasions has been convicted of a felony (other

20

1 than a conviction of a felony pursuant to the indictment upon 2 which such hearing is conducted) and sentences have been 3 imposed therefor by any Federal or State court, and because 4 of the dangerousness of such accused that a period of con5 fined convictional treatment or custody longer than that pre6 scribed for the offense of which he was convicted pursuant 7 to such indictment is required for the protection of the pub8 lic, the court shall sentence such person so convicted as a 9 habitual offender for a term of not to exceed thirty years. 10 If the court does not so find, it shall sentence such person 11 in accordance with the law prescribing penalties for the 12 offense for which he was convicted. At the hearing of any

13

person charged with being an habitual offender, a duly 14 authenticated copy of the former judgment and commitment, 15 from any court in which such judgment and commitment was 16 had, for any of such felonies formerly committed by the per

17

son so charged, shall be competent and prima facie evidence 18 of such former judgment and commitment.

19

"(c) This section shall not prevent the imposition and 20 execution of a sentence of death upon any person convicted 21 of an offense punishable by death. In determining under this 22 section whether any person has been convicted of a felony on two or more previous occasions, the conviction of such person of two or more felonies charged in separate counts

23

24

25 of a single indictment or information, or in two or more

21

1 indictments or informations consolidated for trial in a single

2 criminal action, shall be deemed to be only one conviction

3 of a felony.

4

"(d) Any person sentenced as a habitual offender

5 under this section shall not be eligible for the suspension of 6 that sentence, and shall not be eligible for parole or for the 7 remission or reduction of that sentence for any cause, until 8 he has been imprisoned under that sentence for at least two9 thirds of the term so imposed.

10

"(e) As used in this section, the term 'convicted of a 11 felony', when used with regard to any person, means a con12 viction of such person in a court of competent jurisdiction, for 13 an offense punishable as a felony under the laws of the 14 United States, any State, or the District of Columbia, upon 15 which such person was sentenced to imprisonment and served 16 such sentence in whole or in part, and for which he was not 17 thereafter pardoned for the reason that he was innocent, or 18 his conviction set aside in any postconviction proceeding. "(f) Notwithstanding any other provision of this sec20 tion, in any case in which the offense for which any person 21 is convicted pursuant to any such indictment referred to in 22 subsection (a) of this section is an offense with respect to 23 which a mandatory minimum penalty is prescribed by law, 24 the court, in sentencing such person as a habitual offender 25 under this section, shall not sentence such person for a term

19

22

1 less than the mandatory minimum so prescribed for such

2 offense.

3 "3576. Increased punishment for professional offenders

4

or organized crime offenders

5 "(a) Whenever a United States attorney charged with 6 the prosecution of any person over the age of twenty-one 7 years in a court of the United States for an alleged offense 8 punishable as a felony has reason to believe that such per9 son is a professional offender, or an organized crime offender, 10 and because of the dangerousness of such person that a period 11 of confined convictional treatment or custody longer than 12 that provided for the offense for which he is charged is re13 quired for the protection of the public, there shall be ap14 pended to the indictment returned against such person for 15 such alleged offense a notice (1) specifying that such person 16 is a professional offender or an organized crime offender, as 17 the case may be, who upon conviction for such offense is 18 subject to the imposition of a sentence under subsection (b) 19 of this section, and (2) setting out with particularity the reasons why such attorney believes such person to be a 21 professional offender or an organized crime offender. In no

20

22

case, however, shall the fact that the accused is charged 23 with being a professional offender or an organized crime

2

24 offender be an issue upon the trial of the felony charge and 25 -shall not in any manner be disclosed to the jury.

30-902 O-69-3