1

23

“(b) If, in the trial of such person upon that indictment, 2 he is convicted of any offense described in that indictment, 3 the court shall, before sentence is imposed, hold a hearing 4 before the court alone to determine whether such person is

5

a professional offender or an organized crime offender. The 6 court shall fix a time for the hearing and notice thereof shall 7 be given to such person at least three days prior thereto. 8 At the hearing, if the court shall find from the evidence 9 submitted during the trial or hearing, or on the basis of 10 the presentence report, that the accused is a professional 11 offender, or an organized crime offender, and because of the 12 dangerousness of such accused that a period of confined con13 victional treatment or custody longer than that provided. for 14 the offense of which he was convicted pursuant to such indict15 ment is required for the protection of the public, the court 16 shall sentence such person, so convicted, as a professional 17 offender or as an organized crime offender, as the case may 18 be, for a term of not to exceed thirty years. If the court 19 does not so find, it shall sentence such person in accordance 20 with the law prescribing penalties for the offense for which 21 he was convicted.

22

"(c) This section shall not prevent the imposition and

23 execution of a sentence of death upon any person convicted

24 of an offense punishable by death.

25

"(d) Any person sentenced as a professional offender

24

1

or an organized crime offender under this section shall not be 2 eligible for the suspension of that sentence, and shall not 3 be eligible for parole or for the remission or reduction of 4 that sentence for any cause, until he has been imprisoned 5 under that sentence for at least two-thirds of the term so 6 imposed.

7 "(e) Notwithstanding any other provision of this sec8 tion, in any case in which the offense for which any person 9 is convicted pursuant to any such indictment referred to in 10 subsection (a) of this section is an offense with respect to 11 which a mandatory minimum penalty is prescribed by law, 12 the court, in sentencing such person as a professional offender 13 or an organized crime offender under this section, shall not 14 sentence such person for a term less than the mandatory 15 minimum so prescribed for such offense.

16

17

18

19

20

21

22

2 2 2 2 2 2

23

24

"(f) As used in this section, the term

"(1) 'professional offender' means any person who has knowingly devoted himself to criminal activity as a major source of livelihood, or who has substantial income

or resources not explained to be derived from a source

other than criminal activity; and

"(2) organized crime offender' means a person

who, with intent that conduct constituting a series of

crimes be performed, plans, counsels, promotes, finances,

25 organizes, manages, advises, supervises, directs, or con

1

2

3

4

5

6

7

8

9

10

25

ducts a conspiratorial relationship, composed of five or

more conspirators, involving a structured division of labor, and having as its objective the engaging in or

causing of the performance of such conduct as a part of a continuing course of activity. A person shall not be considered an organized crime offender within the meaning of this definition unless conduct constituting more than one crime as part of a continuing course of activity

is engaged in or caused by one or more of the conspirators to effect the objective of the relationship.

11 "§ 3577. Review of sentence

12

23

"With respect to any sentence imposed on any person 13 pursuant to section 3575 or 3576 by reason of such person 14 being determined to be a habitual criminal, a professional 15 offender, or an organized crime offender, a review may be 16 taken by and on behalf of such person or the United States 17 to a court of appeals. The review in all such cases shall be 18 taken within thirty days after the sentence has been im19 posed and shall be diligently prosecuted. The court of appeals conducting any such review shall, after considering 21 the entire record, have the right, subject to the provisions 22 of sections 3575 (f) and 3576 (e) of this title, to increase or decrease such sentence. No such sentence so imposed pursuant to any such section shall be considered final until

20

23

24

25 after the final disposition of any such review taken with

26

1 respect to such sentence or until the expiration of the

2 period during which any such review may be taken.

3 "83578. Use of evidence in connection with sentencing 4 "In sentencing any person convicted of a crime or offense 5 in any court of the United States, a judge may, in order to 6 obtain the fullest information on the background and char7 acter of any such person for the purpose of imposing an 8 appropriate sentence, receive and consider any and all evi9 dence and evaluate its relevancy to the matters involved 10 without regard to the manner in which such evidence was 11 obtained."

12 (b) The analysis of such chapter 227 is amended by 13 adding at the end thereof the following new items:

14

15

"3575. Increased punishment for habitual offenders.

"3576. Increased punishment for professional offenders or organized crime offenders.

"3577. Review of sentence.

"3578. Use of evidence in connection with sentencing."

TITLE IX-SEPARABILITY

SEC. 901. If any provision of or any amendment made

16 by this Act or the application thereof to any person or cir17 cumstance is held invalid, the other provisions of or other 18 amendments made by this Act and the application of such 19 provisions and amendments to other persons or circumstances 20 shall not be affected thereby.

.

S. 974

FEBRUARY 7, 1969 [Mr. TYDINGS]

A BILL

To create a position of Assistant Attorney General for Organized

1

Crime, to provide necessary personnel to carry out his responsibilities, to provide for training of State and local law enforcement personnel in methods of dealing with organized crime, to provide Federal facilities for protective housing of witnesses, and for other purposes.

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) section 506 of title 28, United States Code, is 4 amended by—

5

6

7

8

(1) striking the word "nine" and inserting in lieu thereof the word "ten" and

(2) adding at the end thereof the following new paragraph: