71 Stat. 637. 62 Stat. 932. Repeal. PART II-TO Provide for an ADDITIONAL ASSISTANT ATTORNEY GENERAL SEC. 111. There shall be in the Department of Justice one additional Assistant Attorney General, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall assist the Attorney General in the performance of his duties, and who shall receive compensation at the rate prescribed by law for other Assistant Attorneys General. PART III-TO STRENGTHEN THE CIVIL RIGHTS STATUTES, AND FOR SEC. 121. Section 1343 of title 28, United States Code, is amended as follows: (a) Amend the catch line of said section to read, ❝g 1343. Civil rights and elective franchise" (b) Delete the period at the end of paragraph (3) and insert in lieu thereof a semicolon. (c) Add a paragraph as follows: (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.” SEC. 122. Section 1989 of the Revised Statutes (42 U. S. C. 1993) is hereby repealed. PART IV-TO PROVIDE MEANS OF FURTHER SECURING AND PROTECTING SEC. 131. Section 2004 of the Revised Statutes (42 U. S. C. 1971), is amended as follows: (a) Amend the catch line of said section to read, "Voting rights". (b) Designate its present text with the subsection symbol “(a)”. (c) Add, immediately following the present text, four new subsections to read as follows: "(b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. "(c) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b), the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. In any proceeding hereunder the United States shall be liable for costs the same as a private person. "(d) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. 71 Stat. 637. "(e) Any person cited for an alleged contempt under this Act shall71 Stat. 638. be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel.” PART V-TO PROVIDE TRIAL BY JURY FOR PROCEEDINGS TO PUNISH SEC. 151. In all cases of criminal contempt arising under the pro- Criminal convisions of this Act, the accused, upon conviction, shall be punished by tempt. fine or imprisonment or both: Provided however, That in case the Penalties. accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence Nonapplicability. of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court. Nor shall anything herein or in any other provision of law be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention. SEC. 152. Section 1861, title 28, of the United States Code is hereby 62 Stat. 951. amended to read as follows: " 1861. Qualifications of Federal jurors "Any citizen of the United States who has attained the age of twenty-one_years and who has resided for a period of one year within 21-579 0-64- -9 71 Stat. 638. Short title. the judicial district, is competent to serve as a grand or petit juror unless "(1) He has been convicted in a State or Federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. "(2) He is unable to read, write, speak, and understand the English language. 66 (3) He is incapable, by reason of mental or physical infirmities to render efficient jury service." SEC. 161. This Act may be cited as the "Civil Rights Act of 1957”. Public Law 86-449 86th Congress, H. R. 8601 AN ACT To enforce constitutional rights, and for other purposes. 74 STAT. 86. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Civil Rights be cited as the "Civil Rights Act of 1960". TITLE I OBSTRUCTION OF COURT ORDERS Act of 1960. SEC. 101. Chapter 73 of title 18, United States Code, is amended by 62 Stat. adding at the end thereof a new section as follows: "§ 1509. Obstruction of court orders "Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. "No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime." SEC. 102. The analysis of chapter 73 of such title is amended by adding at the end thereof the following: "1509. Obstruction of court orders." TITLE II FLIGHT TO AVOID PROSECUTION FOR DAMAGING OR DESTROYING ANY BUILD- 769. SEC. 201. Chapter 49 of title 18, United States Code, is amended by 62 Stat. 755. adding at the end thereof a new section as follows: "8 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property "(a) Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for willfully attempting to or damaging or destroying by fire or explosive any building, structure, facility, vehicle, dwelling house, synagogue, church, religious center or educational institution, public or private, or (2) to avoid giving testimony in any criminal proceeding relating to any such offense shall be fined not more than $5,000 or imprisoned not more than five years, or both. "(b) Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement: Provided, however, That this section shall not be construed as indicating an intent on the part of Congress to prevent any State, Territory, Commonwealth, or possession of the United States of any jurisdiction over any offense over which they would have jurisdiction in the absence of such section." 74 STAT. 87. SEC. 202. The analysis of chapter 49 of such title is amended by adding thereto the following: "1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property." SEC. 203. Chapter 39 of title 18 of the United States Code is amended by adding at the end thereof the following new section: § 837. Explosives; illegal use or possession; and, threats or false information concerning attempts to damage or destroy real or personal property by fire or explosives "(a) As used in this section "'commerce' means commerce between any State, Territory, Commonwealth, District, or possession of the United States, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory, or possession of the United States, or the District of Columbia; "'explosive' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound or mixture or any part thereof may cause an explosion. "(b) Whoever transports or aids and abets another in transporting in interstate or foreign commerce any explosive, with the knowledge or intent that it will be used to damage or destroy any building or other real or personal property for the purpose of interfering with its use for educational, religious, charitable, residential, business, or civic objectives or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both; and if personal injury results shall be subject to imprisonment for not more than ten years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life, but the court may impose the death penalty if the jury so recommends. "(c) The possession of an explosive in such a manner as to evince an intent to use, or the use of, such explosive, to damage or destroy any building or other real or personal property used for educational, religious, charitable, residential, business, or civic objectives or to intimidate any person pursuing such objectives, creates rebuttable presumptions that the explosive was transported in interstate or foreign commerce or caused to be transported in interstate or foreign commerce by the person so possessing or using it, or by a person aiding or abetting the person so possessing or using it: Provided, however, That no person may be convicted under this section unless there is evidence independent of the presumptions that this section has been violated. "(d) Whoever, through the use of the mail, telephone, telegraph, or other instrument of commerce, willfully imparts or conveys, or causes to be imparted or conveyed, any threat, or false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to damage or destroy any building or other real or personal property for the purpose of interfering with its use for educational, religious, charitable, residential, business, or civic objectives, or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not more than one year or a fine of not more than $1,000, or both. |