A few days ago we put out this action alert on new mandatory minimum sentencing laws the House of Representatives will consider Wednesday when it holds a hearing on H.R. 1279, the "Gang Deterrence and Community Protection Act of 2005," called the the anti-gang bill, for short.

Also pending is a bill passed by the House Judiciary Committee that would apply much harsher mandatory minimums to federal drug offenses. A third bill intended to protect judicial officials would establish mandatory minimum sentences for courthouse crimes.

TalkLeft's view on the anti-gang bill: America cannot jail itself out of its perceived juvenile crime problems. We do not need more laws that emphasize punishment over treatment, prevention and rehabilitation. One-size-fits-all justice is no justice at all.

It's too late. The Senate has passed the bill by a unanimous vote. It now goes to Bush for his signature.

Update: Raw Story reports the Daily News tomorrow will have an about an impending court battle over the Real ID Act. Also, a New York Judge has ruled that the state cannot deny drivers' licenses to undocumented residents.

And Cheers to the U.S. Conference of Bishops. They launched a national campaign to support immigrants today.

Comprehensive immigration reform—including a broad legalization program—is the goal of the national campaign. Catholic organizations which have come together to launch the campaign intend to mobilize a growing network of Catholic institutions and individuals in support of its goals. The campaign also marks a new effort to educate and galvanize Catholics on the need for “justice for immigrants.”

There will be a hearing on the Patriot Act tomorrow before the House Permanent Select Committee on Intelligence. Timothy H. Edgar, ACLU Policy Counsel for National Security will testify. (Received by e-mail.)

Too many of the controversial Patriot Act powers are used in secret," said Timothy H. Edgar, ACLU Policy Counsel for National Security, who will testify before the committee. "Because of the restrictions on disclosure regarding intelligence aspects of the act, this committee is uniquely poised to determine how these provisions are impacting our freedoms. The American people deserve better than a blind acceptance that sacrificing civil liberties is necessary to secure our nation against future terrorist attacks."

Both the House and the Senate have been holding hearings on the reauthorization of the Patriot Act. Several key sections are set to sunset (expire) at the end of the year.

Here's what happened today at the Senate Judiciary Committee Hearing. Here's what happened at the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security hearing.

For all of the ACLU's concerns with the Patriot Act, go here.

Grits for Breakfast reports that a bill is advancing through the Texas House that would require law enforcement to obtain a written consent to search during traffic stops.

This should be the law in every state.

Several states are contemplating court action to fight implementation of the new drivers' license requirements contained in the Real ID Act.

There is concern among some states that they'll get stuck with a large tab to pay for implementing the new rules and that getting a driver's license will become a bigger headache for law-abiding residents.

"Governors are looking at all their options. If more than half of the governors agree we're not going down without a fight on this, Congress will have to consider changing this unfunded federal mandate," said Arkansas Gov. Mike Huckabee, vice chairman of the National Governors Association. A Huckabee aide said the options include court action.

Bottom line: This is too much work to pass onto states for a program of such dubious value.

The Senate is set to vote on the bill this week. The House has already passed it.

Via Sentencing Law and Policy we learn that FAMM is sounding the alarm bell and urges everyone to click here and tell your Congressperson to vote no on H.R. 1279, the anti-gang bill.

"Sometime during the week of May 9th, the U.S. House of Representatives is expected to vote on H.R. 1279, an extremely harsh and unnecessary gang bill that includes many new and increased federal mandatory minimum sentences."

H.R. 1279, the "Gang Deterrence and Community Protection Act of 2005," includes many new and increased mandatory minimum sentences. House members need to hear from their constituents that this bill is full of mandatory minimum sentences that will not help deter youth involvement in gangs; it will cost an estimated $7 billion dollars over the next 10 years; and it is an unnecessary federal intrusion into matters traditionally handled by the states.

Here is FAMM's short list of what's wrong with the bill:

Law Prof Orrin Kerr of the Volokh Conspiracy testified before Congress today on reforms to the Patriot Act. His topic was the Internet surveillance portion of the statute. He recommends an exlusionary rule as a remedy.

Somewhat remarkably, Internet surveillance law does not include a suppression remedy for violations. The Fourth Amendment is traditionally enforced with a suppression remedy; if the police violate the Fourth Amendment, they can't use the evidence illegally obtained. Not so in the case of the Patriot Act and the Internet privacy statutes. When Congress passed its first Internet privacy law in 1986, they struck a deal with the Justice Department: the Justice Department would go along with the legislation so long as there was no statutory suppresion remedy for violations. That compromise remains on the books today. As a result, Congress's statute provides strong civil remedies but no right to suppression of evidence unlawfully obtained.

by TChris

Politicians like Rep. Sensenbrenner just can't say no to ever harsher drug laws, no matter the cost to our prison nation. Sensenbrenner's latest brainchild, which TalkLeft criticized here, "would require five-year terms for the sale or distribution of every illegal drug, no matter how small the amount or the penalty under state law." Pass a joint and do five years in the federal joint.

The cynically titled Safe Access to Drug Treatment and Child Protection Act of 2005 does little to push drug treatment but could do much to harm children. It would also make a bad sentencing system worse and punish judges who have rightly criticized its many inequities. ... Offenders with a prior conviction on almost any drug charge would automatically get 10 years. Adults who sold to minors could get life.

[I]f Dad watches Mom smoke marijuana in their living room, they both head to prison, and Junior goes to foster care.

The LA Times exposes Sensenbrenner's true agenda, and explains why his misguided attempt to add to the booming prison population isn't worth the cost.

The Conference report (CONFERENCE REPORT (H. REPT. 109–72)on the Iraq supplemental spending bill which contains the Real I.D. Act has been published in the May 3 Congressional Record. It's 65 pages and will take me a while to read and digest. It is expected to be voted on by the House this week and by the Senate next week.

The ACLU issued this press release today. TChris weighed in earlier today. I urge everyone to read their thoughts.

Here's the table of contents:

Gov. Jeb Bush has signed Florida's new sex offender law.

The Jessica Lunsford Act requires those who prey on children under 12 to be sentenced to at least 25 years in prison and, if they get out, to be tracked for life.

It is never a good idea to enact legislation in response to a singular event, no matter how horrific. Act in haste, repent at leisure.

This one-size-fits-all attempt at justice will result in no justice at all. The bill fails to adequately distinguish between violent and non-violent offenders. A 2003 Justice Department study found that sex offenders have a lower incidence of recidivism than other those convicted of non-sex crimes.

The House and Senate Conferees will determine the fate of the Real I.D. bill, which has been tacked on to the military operations funding bill. The ACLU is making a final push to defeat this ill-advised bill, on which it says, neither the House nor Senate has held hearings. Joining the ACLU in opposition are:

The National Association of Evangelicals, the Ancient Order of Hibernians, the National Council of State Legislatures, the National Governors Association and the American Association of Motor Vehicle Administrators.

The ACLU is asking that certain provisions be deleted from the bill.

The American Civil Liberties Union today urged Congressional conferees to strip the anti-privacy, anti-asylum, anti-property rights bill from an appropriations measure to fund the war in Iraq and tsunami relief.

by TChris

Legislation directed against domestic violence isn't always well-conceived, but the problem of domestic violence shouldn't be belittled by lawmakers who claim to be trying to solve it. Voters in South Carolina should pay attention to this exchange, occurring in the state's House Judiciary Committee.

At Tuesday's meeting, according to the newspaper account, Rep. John Graham Altman asked why the bill's title "Protect Our Women in Every Relationship (POWER)" just mentioned protecting women. Judiciary Committee Chairman Jim Harrison suggested calling the bill the "Protecting Our People in Every Relationship Act," or "POPER," the newspaper reported.

A voice on the tape is heard pronouncing it "Pop her." Then another says "Pop her again," followed by laughter.

Funny. Real funny.