Page:United States Statutes at Large Volume 98 Part 2.djvu/990

 98 STAT. 2150

PUBLIC LAW 98-473—OCT. 12, 1984

jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 841, 952(a), 955, or 959 of 21 USC 841, 952, title 21, and that there is a substantial Federal interest in the case 955, 959. or the offense to warrant the exercise of Federal jurisdiction." Ante, p. 2149. (b) The fourth paragraph of section 5032 of title 18 of the United States Code is amended— (1) by striking "punishable by a maximum term of ten years imprisonment or more, life imprisonment or death," and inserting in lieu thereof: "that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21,"; (2) by striking out "sixteen" and "sixteenth" and inserting in lieu thereof "fifteen" and "fifteenth" respectively; and (3) by striking out the period at the end of the paragraph and inserting in lieu thereof: "; however, a juvenile who is alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense, or would be an offense described in section 32, 81, 844 (d), (e), (f), Post, p. 2187; 18 (h), (i) or 2275 of this title, and who has previously been found use 81, 844; guilty of an act which if committed by an adult would have been U^C 2275 ^"^ ^^ *^® offenses set forth in this subsection or an offense in violation of a State felony statute that would have been such an offense if a circumstance giving rise to Federal jurisdiction had existed, shall be transferred to the appropriate district court of the United States for criminal prosecution."; and (c) Section 5032 of title 18 of the United States Code is further amended by adding at the end thereof the following: "Whenever a juvenile transferred to district court under this section is not convicted of the crime upon which the transfer was based or another crime which would have warranted transfer had the juvenile been initially charged with that crime, further proceedings concerning the juvenile shall be conducted pursuant to the provisions of this chapter. "Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until any prior juvenile court records of such juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior record, or that the juvenile's record is unavailable and why it is unavailable. "Whenever a juvenile is adjudged delinquent pursuant to the provisions of this chapter, the specific acts which the juvenile has been found to have committed shall be described as part of the official record of the proceedings and part of the juvenile's official record.". SEC. 1202. Section 5038 of title 18 of the United States Code is amended to read as follows: Confidentiality.

"§ 5038. Use of juvenile records "(a) Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure

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