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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE

4 This Act may be cited as ‘‘Aimee’s Law’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) DANGEROUS SEXUAL OFFENSE.—The term

4 ‘‘dangerous sexual offense’’ means sexual abuse or

5 sexually explicit conduct committed by an individual

6 who has attained the age of 18 years against an in7 dividual who has not attained the age of 14 years.

8 (2) MURDER.—The term ‘‘murder’’ has the

9 meaning given the term under applicable State law.

10 (3) RAPE.—The term ‘‘rape’’ has the meaning

11 given the term under applicable State law.

12 (4) SEXUAL ABUSE.—The term ‘‘sexual abuse’’

13 has the meaning given the term under applicable

14 State law.

15 (5) SEXUALLY EXPLICIT CONDUCT.—The term

16 ‘‘sexually explicit conduct’’ has the meaning given

17 the term under applicable State law.

18 SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COM19 MITTED BY CERTAIN RELEASED FELONS.

20 (a) PENALTY.—

21 (1) SINGLE STATE.—In any case in which a

22 State convicts an individual of murder, rape, or a

23 dangerous sexual offense, who has a prior conviction

24 for any one of those offenses in a State described in

25 paragraph (3), the Attorney General shall transfer

26 an amount equal to the costs of incarceration, pros-
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1 ecution, and apprehension of that individual, from

2 Federal law enforcement assistance funds that have

3 been allocated to but not distributed to the State

4 that convicted the individual of the prior offense, to

5 the State account that collects Federal law enforce6 ment assistance funds of the State that convicted

7 that individual of the subsequent offense.

8 (2) MULTIPLE STATES.—In any case in which

9 a State convicts an individual of murder, rape, or a

10 dangerous sexual offense, who has a prior conviction

11 for any one or more of those offenses in more than

12 one other State described in paragraph (3), the At13 torney General shall transfer an amount equal to the

14 costs of incarceration, prosecution, and apprehension

15 of that individual, from Federal law enforcement as16 sistance funds that have been allocated to but not

17 distributed to each State that convicted such indi18 vidual of the prior offense, to the State account that

19 collects Federal law enforcement assistance funds of

20 the State that convicted that individual of the subse21 quent offense.

22 (3) STATE DESCRIBED.—A State is described in

23 this paragraph if—

24 (A) the State has not adopted Federal

25 truth-in-sentencing guidelines under section
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1 20104 of the Violent Crime Control and Law

2 Enforcement Act of 1994 (42 U.S.C. 13704);

3 (B) the average term of imprisonment im4 posed by the State on individuals convicted of

5 the offense for which the individual described in

6 paragraph (1) or (2), as applicable, was con7 victed by the State is less than 10 percent

8 above the average term of imprisonment im9 posed for that offense in all States; or

10 (C) with respect to the individual described

11 in paragraph (1) or (2), as applicable, the indi12 vidual had served less than 85 percent of the

13 term of imprisonment to which that individual

14 was sentenced for the prior offense.

15 (b) STATE APPLICATIONS.—In order to receive an

16 amount transferred under subsection (a), the chief execu17 tive of a State shall submit to the Attorney General an

18 application, in such form and containing such information

19 as the Attorney General may reasonably require, which

20 shall include a certification that the State has convicted

21 an individual of murder, rape, or a dangerous sexual of22 fense, who has a prior conviction for one of those offenses

23 in another State.

24 (c) SOURCE OF FUNDS.—Any amount transferred

25 under subsection (a) shall be derived by reducing the
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1 amount of Federal law enforcement assistance funds re2 ceived by the State that convicted such individual of the

3 prior offense before the distribution of the funds to the

4 State. The Attorney General, in consultation with the chief

5 executive of the State that convicted such individual of the

6 prior offense, shall establish a payment schedule.

7 (d) CONSTRUCTION.—Nothing in this subsection may

8 be construed to diminish or otherwise affect any court or9 dered restitution.

10 (e) EXCEPTION.—This section does not apply if the

11 individual convicted of murder, rape, or a dangerous sex12 ual offense has been released from prison upon the rever13 sal of a conviction for an offense described in subsection

14 (a) and subsequently been convicted for an offense de15 scribed in subsection (a).

16 SEC. 4. COLLECTION OF RECIDIVISM DATA.

17 (a) IN GENERAL.—Beginning with calendar year

18 2000, and each calendar year thereafter, the Attorney

19 General shall collect and maintain information relating to,

20 with respect to each State—

21 (1) the number of convictions during that cal22 endar year for—

23 (A) any sex offense in the State in which,

24 at the time of the offense, the victim had not
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1 attained the age of 14 years and the offender

2 had attained the age of 18 years;

3 (B) rape; and

4 (C) murder; and

5 (2) the number of convictions described in para6 graph (1) that constitute second or subsequent con7 victions of the defendant of an offense described in

8 that paragraph.

9 (b) REPORT.—Not later than March 1, 2001, and on

10 March 1 of each year thereafter, the Attorney General

11 shall submit to Congress a report, which shall include—

12 (1) the information collected under subsection

13 (a) with respect to each State during the preceding

14 calendar year; and

15 (2) the percentage of cases in each State in

16 which an individual convicted of an offense described

17 in subsection (a)(1) was previously convicted of an18 other such offense in another State during the pre19 ceding 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