H.R. 894 (ih) To encourage States to incarcerate individuals convicted of murder, rape, or child molestation. [Introduced in House] ...

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106th CONGRESS

  2d Session

                               H. R. 894

_______________________________________________________________________

                                 AN ACT

  To encourage States to incarcerate individuals convicted of murder, 
                      rape, or child molestation.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 894

_______________________________________________________________________

                                 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:

                                                                 Clerk.

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