I

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.

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

2 This Act may be cited as the ‘‘No Second Chances

3 for Murderers, Rapists, or Child Molesters Act of 1999’’

4 or ‘‘Aimee’s Law’’.

5 SEC. 2. SENSE OF CONGRESS.

6 It is the sense of Congress that—

7 (1) any individual convicted of murder should

8 receive the death penalty or be imprisoned for life

9 without the possibility of parole; and

10 (2) any individual convicted of rape or a dan11 gerous sexual offense involving a child under the age

12 of 14 should be imprisoned for life without the possi13 bility of parole.

14 SEC. 3. REIMBURSEMENT TO STATES AND VICTIMS FOR

15 CRIMES COMMITTED BY CERTAIN RELEASED

16 FELONS.

17 (a) PENALTY.—

18 (1) IN GENERAL.—In a case in which a State

19 convicts a person of murder, rape, or a dangerous

20 sexual offense, who has a prior conviction for one of

21 these offenses in another State, the Attorney Gen22 eral shall administer the transfer of the following

23 amounts from Federal law enforcement assistance

24 funds that have been allocated to but not distributed

25 to the State that convicted such person of the first

26 offense:
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1 (A) Up to $100,000 shall be transferred to

2 each victim (or if the victim is deceased, the

3 victim’s estate) of the subsequent offense.

4 (B) The cost of incarceration, prosecution,

5 and apprehension of such person shall be trans6 ferred to the State that convicted of a subse7 quent offense. Half of the amounts transferred

8 shall be paid to the State entity designated to

9 administer crime victim assistance, and half

10 shall be deposited in a State account that col11 lects Federal law enforcement funds.

12 (2) MULTIPLE STATES.—In a case in which a

13 State convicts a person of murder, rape, or a dan14 gerous sexual offense, who has a prior conviction for

15 one of these offenses in more than one State, the At16 torney General shall administer the transfer of the

17 following amounts from Federal law enforcement as18 sistance funds allocated to but not distributed to

19 each State that convicted of a prior offense:

20 (A) Up to $100,000 shall be apportioned

21 equally among the States that convicted of prior

22 offenses and transferred to each victim (or if

23 the victim is deceased, the victim’s estate) of

24 the subsequent offense.
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1 (B) The cost of incarceration, prosecution,

2 and apprehension of such person shall be ap3 portioned equally among the States that con4 victed of prior offenses and transferred to the

5 State that convicted of a subsequent offense.

6 Half of the amounts transferred shall be paid

7 to the State entity designated to administer

8 crime victim assistance, and half shall be depos9 ited in a State account that collects Federal law

10 enforcement funds.

11 (b) STATE APPLICATIONS.—To receive funds under

12 this section, the chief executive of a State shall submit

13 an application to the Attorney General in such form and

14 containing such information as the Attorney General may

15 reasonably require, including a certification that the State

16 has convicted a person of murder, rape, or a dangerous

17 sexual offense, who has a prior conviction for one of these

18 offenses in another State.

19 (c) SOURCE OF FUNDS.—Any amount transferred as

20 a result of subsection (a) shall be derived by reducing

21 funds from Federal law enforcement assistance programs

22 received by the State that convicted of the first offense

23 prior to distribution of funds to the State. The Attorney

24 General, in consultation with the chief executive of the
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1 State that convicted of the first offense, shall develop a

2 payment schedule.

3 (d) CONSTRUCTION.—This section shall not be con4 strued to diminish or modify any court ordered restitution.

5 SEC. 4. COLLECTION OF RECIDIVISM DATA.

6 (a) IN GENERAL.—The Attorney General shall seek

7 to obtain information for each calendar year, starting with

8 calendar year 1999, about—

9 (1) the number of convictions for murder, rape,

10 and any sex offenses in the United States where the

11 victim has not attained the age of 14 years and the

12 offender has attained the age of 18 years; and

13 (2) the number of such convictions that are sec14 ond or subsequent convictions of the defendant for

15 a crime described in paragraph (1).

16 (b) REPORT.—The Attorney General shall report to

17 Congress in each calendar year, starting with calendar

18 year 2000, the information obtained under subsection (a),

19 broken down by State. Such report shall also include the

20 percentage of cases in each State in which a person con21 victed of a crime described in subsection (a)(1) was pre22 viously convicted of another such crime in another State.

23 SEC. 5. DEFINITIONS.

24 For purposes of this Act—
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1 (1) MURDER.—The term ‘‘murder’’ means the

2 unlawful killing of a human being with malice

3 aforethought, and includes murder—

4 (A) perpetrated by poison, lying in wait, or

5 any other kind of willful, deliberate, malicious,

6 and premeditated killing;

7 (B) committed in the perpetration of, or

8 attempt to perpetrate, any arson, escape, mur9 der, kidnapping, treason, espionage, sabotage,

10 aggravated sexual abuse or sexual abuse, bur11 glary, or robbery; or

12 (C) perpetrated from a premeditated de13 sign unlawfully and maliciously to effect the

14 death of any individual other than the individ15 ual who is killed.

16 (2) RAPE.—The term ‘‘rape’’ includes the car17 nal knowledge of an individual forcibly and against

18 the will of such individual.

19 (3) DANGEROUS SEXUAL OFFENSE.—The term

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

21 sexually explicit conduct committed by an individual

22 who is over the age of 18 against a child under the

23 age of 14.

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

25 includes the employment, use, persuasion, induce-
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1 ment, enticement, or coercion of a child under the

2 age of 14 to engage in, or assist another person to

3 engage in, sexually explicit conduct or the rape, mo4 lestation, prostitution, or other form of sexual ex5 ploitation of children, or incest with children.

6 (5) SEXUALLY EXPLICIT CONDUCT.—The term

7 ‘‘sexually explicit conduct’’ means actual or

8 simulated—

9 (A) sexual intercourse, including sexual

10 contact in the manner of genital-genital, oral11 genital, anal-genital, or oral-anal contact,

12 whether between persons of the same or of op13 posite sex;

14 (B) bestiality;

15 (C) masturbation;

16 (D) lascivious exhibition of the genitals or

17 pubic area of a person or animal; or

18 (E) sadistic or masochistic abuse.

19 (6) SEXUAL CONTACT.—The term ‘‘sexual con20 tact’’ means the intentional touching, either directly

21 or through clothing, of the genitalia, anus, or groin,

22 breast, inner thigh, or buttocks of any person with

23 an intent to abuse, humiliate, harass, degrade, or

24 arouse or gratify sexual desire of any person.

Æ