H.R. 894 (106th): Aimee’s Law

106th Congress, 1999–2000. Text as of Jul 11, 2000 (Passed the House (Engrossed)).

Status & Summary | PDF | Source: GPO

HR 894 EH

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.