Pubdate: Thu, 17 Apr 2003
Source: News Journal (DE)
Copyright: 2003 The News Journal
Contact:  http://www.delawareonline.com/newsjournal/
Details: http://www.mapinc.org/media/822
Author: Nick Anderson, Los Angeles Times

NO ONE RAVING OVER BIDEN BILL

His controversial proposal to crack down on all-night dance parties where 
illegal drugs are used or sold is on the brink of becoming law, but Sen. 
Joe Biden insists he's not out to stop the music.

At issue is a bill -- once known as the "RAVE Act" -- that has drawn fire 
from civil liberties groups and grass-roots activists as an unfair attack 
on the events, popular with teenagers and young adults, where Ecstasy is a 
common ingredient.

The Delaware Democrat's proposal went nowhere last year in either the House 
or Senate. But this year he renamed it the "Illicit Drug Non-Proliferation 
Act" and slipped it into a larger crime bill during a House-Senate 
conference. The bill cleared Congress last week, and President Bush has 
said he will sign it.

"The reason I introduced this bill was not to ban dancing, kill 'the rave 
scene' or silence electronic music - all things of which I have been 
accused," Biden told the Senate last week. "In no way is this bill aimed at 
stifling any type of music or expression. It is only trying to deter 
illicit drug use and protect kids."

Biden's maneuver was little-noticed when Congress overwhelmingly approved 
the crime bill. The main sections of the legislation would expand the 
"Amber alert" interstate network aimed at catching child abductors and 
impose stiff penalties on child sex offenders and other criminals.

But some lawmakers, including members of Biden's own party, were upset at 
the impending enactment of a measure that, by itself, had never been voted 
on in either the House or the Senate. Rep. Barney Frank, D-Mass., a senior 
member of the House Judiciary Committee, voted against the final version of 
the crime bill after having previously supported it. Frank said he switched 
to protest Biden's provision.

Sen. Patrick J. Leahy of Vermont, the top Democrat on the Senate Judiciary 
Committee, voted for the final bill but also expressed concerns. Biden's 
measure, Leahy said, "has drawn serious grass-roots opposition. And I know 
that I am not alone in hearing from many constituents about their serious, 
and well-considered, objections to it." The measure should have been given 
"a fuller hearing," Leahy said.

The Biden measure revises a 1986 law holding owners of crack houses 
criminally responsible if they knowingly allow their property to be used by 
drug makers or dealers.

Under the new measure, the crack house law would be expanded to include 
properties used or rented for temporary or one-time events. Violators -- 
who could include event promoters and property owners or managers -- would 
face prison terms or civil fines of $250,000 or twice the gross revenue of 
an event, whichever is greater.

When he introduced the bill, Biden said he was targeting "club drugs" such 
as Ecstasy, which are often found at raves, concerts and other events 
frequented by teenagers. He said the measure would help drug enforcement 
agents, who have sought to crack down on users and dealers at such venues.

Biden said his measure sets a "high bar" for prosecuting offenses and does 
not punish owners or promoters who follow the law. But critics said the 
measure ignores the efforts of club owners and event promoters to deter 
illegal drug use by their patrons. They also said the measure would trample 
on constitutionally protected free expression if it forces the promoters to 
cancel events rather than risk prosecution or steep fines.
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MAP posted-by: Beth