Scott Votes For Bipartisan Safer Communities Act
WASHINGTON, D.C. – Congressman Bobby Scott (VA-03), a Vice Chair of the House Democratic Caucus Gun Violence Prevention Task Force, entered the following statement into the Congressional record for the debate on S. 2938, the Bipartisan Safer Communities Act:
"Madam Speaker, I rise today to share my concerns regarding the Bipartisan Safer Communities Act. While I support the underlying bill and appreciate that several Republican Senators finally came to the table to work with Democrats to address our nation's gun violence epidemic, I remain troubled by the legislation's possible expansion of the federal death penalty and the creation of broad new criminal offenses that may disproportionately impact Black and Brown communities.
"Specifically, with regard to the expansion of the federal death penalty, I have not been given a clear answer as to the impact of the legislation's additions to the definition of ‘racketeering activity' in 18 U.S.C. § 1961(1), commonly known as ‘RICO predicates.' On its face and cross referencing the impacted provisions in Title 18, it appears that murder committed in the furtherance of these new RICO predicates would trigger the federal death penalty. This creates a new opportunity for federal prosecutors to seek the death penalty especially in states where it does not currently exist. It is possible that because of these changes, a new universe of defendants would now be subject to the federal death penalty.
"The Senate Judiciary Committee staff circulated a document last night that appears to confirm my reading of this provision. I also consulted several experts in the criminal justice defense community who also determined that this bill expands federal death penalty-eligible offenses. However, the Department of Justice (DOJ) sent a dismissive e-mail to staff simply stating that ‘changes to RICO laws do not constitute an expansion of the potential applications of the federal death penalty as a matter of law.' While I hope this is indeed the case, DOJ provided no citation to federal law or reference to internal Department memorandum directing charging decisions. I hope that the Department provides Congress with a complete analysis because many people relied on the Department's assurance that the legislation did not expand the death penalty.
"It is clear, however that even if there is an expansion of the death penalty there is no consensus as to the magnitude of these expansions. While this may in fact not be a measurable expansion, I have been troubled by the lack of comprehensive legal analysis available for a reasonable understanding of the breadth of this legislation.
"While I find this troubling, I will vote in favor of this bill. This is the first significant legislative effort in thirty years that attempts to address the scourge of gun violence in our country. I have a long record of supporting measures to curb the epidemic of gun violence and the legislation includes provisions I have long supported. This bill closes the boyfriend loophole for domestic abusers, enhances background checks for those aged 18-21 when purchasing a gun, and provides incentives to states to enact red flag laws that protects individuals in crisis from perpetuating further harm on themselves or others. But without adequate time for members and the American public to review the unintended consequences of the many provisions within the bill, many questions are left unanswered.
"Madam Speaker, despite my strong concerns, I applaud the bipartisan effort that went into crafting this legislation. With reservations about the bill's potential to expand the federal death penalty, I will vote yes, because of the assurance from the Department of Justice and the positive strides towards creating safer communities that the bill seeks to achieve."
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