[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5722 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5722
To prevent the abuse and exploitation of older individuals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2006
Mr. Chandler (for himself and Mr. Kennedy of Minnesota) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent the abuse and exploitation of older individuals.
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 the ``Elder Abuse Prevention Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of older Americans who are abused,
neglected, or exploited is increasing, and a large percentage
of elder abuse cases are not reported to Federal and State law
enforcement authorities.
(2) The number of Americans aged 65 and older is projected
to increase exponentially in the coming years, and many of
these valued citizens will begin to constitute a vulnerable
population at increased risk of abuse and exploitation in
domestic and community-based settings.
(3) The projected increase in the number of Americans aged
65 and over is expected to result in a corresponding increase
in the number of cases of elder abuse, which suggests an urgent
need for comprehensive consideration of means by which such
abuse can be prevented, reported, and prosecuted by Federal and
State authorities.
(4) Violent, physical, and sexual assaults upon older
Americans are particularly abhorrent and should be prosecuted
vigorously by Federal and State law enforcement authorities.
Such acts should be deterred by appropriate penalties including
enhanced penalties and the elimination of parole for
individuals convicted of violent sexual offenses against the
elderly.
SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST THE ELDERLY OR
FOR SEXUALLY VIOLENT PREDATORS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for a program referred to in subsection (b)(2), the State shall have in
effect throughout the State laws and policies that prohibit parole for
any individual who is--
(1) convicted of a criminal sexual offense against a victim
who is elderly, which shall include any such offense under
State law for conduct that would constitute an offense under
chapter 109A of title 18 had the conduct occurred in the
special maritime and territorial jurisdiction of the United
States or in a Federal prison; or
(2) a sexually violent predator, as such term is defined in
section 14071(a)(3) of title 18, United States Code.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State under Subpart 1 of Part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), whether characterized as the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(3) Reallocation.--Amounts not allocated under a program
referred to in paragraph (2) to a State for failure to fully
comply with subsection (a) shall be reallocated under that
program to States that have not failed to comply with such
subsection.
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.
(a) Request for Immediate Consideration by the United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission is requested to--
(1) promptly review the sentencing guidelines applicable to
sexual offenses committed against the elderly;
(2) expeditiously consider the promulgation of new
sentencing guidelines or amendments to existing sentencing
guidelines to provide an enhancement for such offenses; and
(3) submit to Congress an explanation of actions taken by
the Sentencing Commission pursuant to paragraph (2) and any
additional policy recommendations the Sentencing Commission may
have for combating offenses described in paragraph (1).
(b) Considerations in Review.--In carrying out this section, the
Sentencing Commission is requested to--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of such offenses and the
need for aggressive and appropriate law enforcement action to
prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553 (a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
United States Sentencing Commission is requested to promulgate the
guidelines or amendments provided for under this section as soon as
practicable, and in any event not later than the 180 days after the
date of enactment of this Act, in accordance with the procedures sent
forth in section 21(a) of the Sentencing Reform Act of 1987, as though
the authority under that Act had not expired.
<all>