< Back to H.R. 894 (106th Congress, 1999–2000)

Text of Aimee’s Law

This bill was introduced in a previous session of Congress and was passed by the House on July 11, 2000 but was never passed by the Senate. The text of the bill below is as of Mar 2, 1999 (Introduced).

This is not the latest text of this bill.

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HR 894 IH

106th CONGRESS

1st Session

H. R. 894

To encourage States to incarcerate individuals convicted of murder, rape, or child molestation.

IN THE HOUSE OF REPRESENTATIVES

March 2, 1999

Mr. SALMON (for himself, Mr. WELDON of Pennsylvania, Mr. DELAY, Mr. LARGENT, Mr. FROST, Mr. WELLER, Mr. GRAHAM, Mr. CHABOT, Mr. SMITH of Washington, Ms. PRYCE of Ohio, Mr. KASICH, Mr. CANNON, Mrs. FOWLER, Ms. DANNER, Mrs. BONO, Mr. GILMAN, Mrs. MYRICK, Mr. LOBIONDO, Mr. SCHAFFER, Mr. SCARBOROUGH, Mr. HILLEARY, Mr. ENGLISH, Mr. LAZIO, Mr. SAXTON, Mr. HORN, Mr. TRAFICANT, Mr. HAYWORTH, Mr. SMITH of New Jersey, Mr. BRADY of Texas, Mr. PITTS, Mr. BURR of North Carolina, Mrs. KELLY, Mr. KING of New York, Mr. HALL of Texas, Mr. BARTLETT of Maryland, Mr. FOLEY, Mr. MICA, Mr. GARY MILLER of California, Mr. LINDER, Mr. BARTON of Texas, Mr. CUNNINGHAM, Mr. NEY, Mr. GOODE, Mrs. CUBIN, Mr. SHADEGG, Mr. CALVERT, Mr. GREEN of Wisconsin, Mr. PACKARD, Mr. GREEN of Texas, Mr. REGULA, Mr. TIAHRT, Mr. SESSIONS, Mr. SWEENEY, Mr. RILEY, Mr. ADERHOLT, Mr. PICKERING, Mr. KNOLLENBERG, and Mr. KINGSTON) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

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 the ‘No Second Chances for Murderers, Rapists, or Child Molesters Act of 1999’ or ‘Aimee’s Law’.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--

      (1) any individual convicted of murder should receive the death penalty or be imprisoned for life without the possibility of parole; and

      (2) any individual convicted of rape or a dangerous sexual offense involving a child under the age of 14 should be imprisoned for life without the possibility of parole.

SEC. 3. REIMBURSEMENT TO STATES AND VICTIMS FOR CRIMES COMMITTED BY CERTAIN RELEASED FELONS.

    (a) PENALTY-

      (1) IN GENERAL- In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted such person of the first offense:

        (A) Up to $100,000 shall be transferred to each victim (or if the victim is deceased, the victim’s estate) of the subsequent offense.

        (B) The cost of incarceration, prosecution, and apprehension of such person shall be transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds.

      (2) MULTIPLE STATES- In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in more than one State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds allocated to but not distributed to each State that convicted of a prior offense:

        (A) Up to $100,000 shall be apportioned equally among the States that convicted of prior offenses and transferred to each victim (or if the victim is deceased, the victim’s estate) of the subsequent offense.

        (B) The cost of incarceration, prosecution, and apprehension of such person shall be apportioned equally among the States that convicted of prior offenses and transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds.

    (b) STATE APPLICATIONS- To receive funds under this section, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require, including a certification that the State has convicted a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State.

    (c) SOURCE OF FUNDS- Any amount transferred as a result of subsection (a) shall be derived by reducing funds from Federal law enforcement assistance programs received by the State that convicted of the first offense prior to distribution of funds to the State. The Attorney General, in consultation with the chief executive of the State that convicted of the first offense, shall develop a payment schedule.

    (d) CONSTRUCTION- This section shall not be construed to diminish or modify any court ordered restitution.

SEC. 4. COLLECTION OF RECIDIVISM DATA.

    (a) IN GENERAL- The Attorney General shall seek to obtain information for each calendar year, starting with calendar year 1999, about--

      (1) the number of convictions for murder, rape, and any sex offenses in the United States where the victim has not attained the age of 14 years and the offender has attained the age of 18 years; and

      (2) the number of such convictions that are second or subsequent convictions of the defendant for a crime described in paragraph (1).

    (b) REPORT- The Attorney General shall report to Congress in each calendar year, starting with calendar year 2000, the information obtained under subsection (a), broken down by State. Such report shall also include the percentage of cases in each State in which a person convicted of a crime described in subsection (a)(1) was previously convicted of another such crime in another State.

SEC. 5. DEFINITIONS.

    For purposes of this Act--

      (1) MURDER- The term ‘murder’ means the unlawful killing of a human being with malice aforethought, and includes murder--

        (A) perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing;

        (B) committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or

        (C) perpetrated from a premeditated design unlawfully and maliciously to effect the death of any individual other than the individual who is killed.

      (2) RAPE- The term ‘rape’ includes the carnal knowledge of an individual forcibly and against the will of such individual.

      (3) DANGEROUS SEXUAL OFFENSE- The term ‘dangerous sexual offense’ means sexual abuse or sexually explicit conduct committed by an individual who is over the age of 18 against a child under the age of 14.

      (4) SEXUAL ABUSE- The term ‘sexual abuse’ includes the employment, use, persuasion, inducement, enticement, or coercion of a child under the age of 14 to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

      (5) SEXUALLY EXPLICIT CONDUCT- The term ‘sexually explicit conduct’ means actual or simulated--

        (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex;

        (B) bestiality;

        (C) masturbation;

        (D) lascivious exhibition of the genitals or pubic area of a person or animal; or

        (E) sadistic or masochistic abuse.

      (6) SEXUAL CONTACT- The term ‘sexual contact’ means the intentional touching, either directly or through clothing, of the genitalia, anus, or groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person.