[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 894 Placed on Calendar Senate (PCS)]
Calendar No. 683
106th CONGRESS
2d Session
H. R. 894
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2000
Received and read the first time
July 13, 2000
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To encourage States to incarcerate individuals convicted of murder,
rape, or child molestation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as ``Aimee's Law''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18 years
against an individual who has not attained the age of 14 years.
(2) Murder.--The term ``murder'' has the meaning given the
term under applicable State law.
(3) Rape.--The term ``rape'' has the meaning given the term
under applicable State law.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given the term under applicable State law.
(5) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given the term under
applicable State law.
SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN
RELEASED FELONS.
(a) Penalty.--
(1) Single state.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense, who
has a prior conviction for any one of those offenses in a State
described in paragraph (3), the Attorney General shall transfer
an amount equal to the costs of incarceration, prosecution, and
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not
distributed to the State that convicted the individual of the
prior offense, to the State account that collects Federal law
enforcement assistance funds of the State that convicted that
individual of the subsequent offense.
(2) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any one or more of those
offenses in more than one other State described in paragraph
(3), the Attorney General shall transfer an amount equal to the
costs of incarceration, prosecution, and apprehension of that
individual, from Federal law enforcement assistance funds that
have been allocated to but not distributed to each State that
convicted such individual of the prior offense, to the State
account that collects Federal law enforcement assistance funds
of the State that convicted that individual of the subsequent
offense.
(3) State described.--A State is described in this
paragraph if--
(A) the State has not adopted Federal truth-in-
sentencing guidelines under section 20104 of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13704);
(B) the average term of imprisonment imposed by the
State on individuals convicted of the offense for which
the individual described in paragraph (1) or (2), as
applicable, was convicted by the State is less than 10
percent above the average term of imprisonment imposed
for that offense in all States; or
(C) with respect to the individual described in
paragraph (1) or (2), as applicable, the individual had
served less than 85 percent of the term of imprisonment
to which that individual was sentenced for the prior
offense.
(b) State Applications.--In order to receive an amount transferred
under subsection (a), the chief executive of a State shall submit to
the Attorney General an application, in such form and containing such
information as the Attorney General may reasonably require, which shall
include a certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior conviction
for one of those offenses in another State.
(c) Source of Funds.--Any amount transferred under subsection (a)
shall be derived by reducing the amount of Federal law enforcement
assistance funds received by the State that convicted such individual
of the prior offense before the distribution of the funds to the State.
The Attorney General, in consultation with the chief executive of the
State that convicted such individual of the prior offense, shall
establish a payment schedule.
(d) Construction.--Nothing in this subsection may be construed to
diminish or otherwise affect any court ordered restitution.
(e) Exception.--This section does not apply if the individual
convicted of murder, rape, or a dangerous sexual offense has been
released from prison upon the reversal of a conviction for an offense
described in subsection (a) and subsequently been convicted for an
offense described in subsection (a).
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) In General.--Beginning with calendar year 2000, and each
calendar year thereafter, the Attorney General shall collect and
maintain information relating to, with respect to each State--
(1) the number of convictions during that calendar year
for--
(A) any sex offense in the State in which, at the
time of the offense, the victim had not attained the
age of 14 years and the offender had attained the age
of 18 years;
(B) rape; and
(C) murder; and
(2) the number of convictions described in paragraph (1)
that constitute second or subsequent convictions of the
defendant of an offense described in that paragraph.
(b) Report.--Not later than March 1, 2001, and on March 1 of each
year thereafter, the Attorney General shall submit to Congress a
report, which shall include--
(1) the information collected under subsection (a) with
respect to each State during the preceding calendar year; and
(2) the percentage of cases in each State in which an
individual convicted of an offense described in subsection
(a)(1) was previously convicted of another such offense in
another State during the preceding calendar year.
Passed the House of Representatives July 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 683
106th CONGRESS
2d Session
H. R. 894
_______________________________________________________________________
AN ACT
To encourage States to incarcerate individuals convicted of murder,
rape, or child molestation.
_______________________________________________________________________
July 13, 2000
Read the second time and placed on the calendar