Page:United States Statutes at Large Volume 108 Part 3.djvu/344

 108 STAT. 2096 PUBLIC LAW 103-322—SEPT. 13, 1994 "(A) the applicable category of offense committed by, the applicable category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant ' to section 994(a)(1) of title 28, United States Code, and that are in effect on the date the defendant is sentenced; or "(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code;". SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION. Section 3563(a)(3) of title 18, United States Code, is amended by striking "possess illegal controlled substances" and inserting "unlawfully possess a controlled substance". 28 USC 994 note. SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMIS- SION REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES. (a) DEFINITION.— In this section, "hate crime" means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person. Guidelines. (b) SENTENCING ENHANCEMENT. —Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 3 offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes. In carrying out this section, the United States Sentencing Commission shall ensure that there is reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions. SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN CASES. Section 3561(a)(3) of title 18, United States Code, is amended by inserting "that is not a petty offense" before the period. SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING COMMISSION. (a) ESTABLISHMENT OF POSITIONS. — Section 991(a) of title 28, United States Code, is amended— President. (1) in the second sentence by striking the period and inserting "and three of whom shall be designated by the President as Vice Chairs."; (2) in the fourth sentence by striking the period and inserting ", and of the three Vice Chairs, no more than two shall be members of the same political party."; and (3) in the sixth sentence by striking "Chairman" and inserting "Chair, Vice Chairs,". (b) TERMS AND COMPENSATION.— Section 992(c) of title 28, United States Code, is amended— (1) by amending the first sentence to read as follows: 'The Chair and Vice Chairs of the Commission shall hold full-time

�