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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 250 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
H. RES. 250

   Expressing the need to eliminate life without parole for children.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2017

  Mr. Cardenas (for himself, Mr. Cohen, and Mr. Vargas) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION

 
   Expressing the need to eliminate life without parole for children.

Whereas approximately 2,500 individuals in the United States have been sentenced 
        to die in prison for crimes committed as children;
Whereas the United States is the only country in the world that imposes life 
        without the possibility of release or parole sentences on children;
Whereas the United States is the only United Nations member state that has not 
        ratified the Convention on the Rights of the Child which prohibits the 
        use of the death penalty and life without the possibility of release 
        sentences from being imposed on children under 18 years of age;
Whereas a life without the possibility of release or parole sentence is a final 
        judgment that disregards children's unique capacity to grow and change 
        as they mature into adulthood;
Whereas studies have shown that children's brains are not fully developed and as 
        a result, children are less capable than adults to consider the long-
        term impact of their actions, control their emotions and impulses, or 
        evaluate risks and reward;
Whereas fundamental differences between juvenile and adult brains make children 
        uniquely capable of long-term growth, rehabilitation, and change as 
        their brains mature over time;
Whereas the vast majority of children who commit crimes age out of criminal 
        behavior and no longer pose a threat to society in adulthood;
Whereas the United States recognizes that children are different from adults by 
        the limitations society places upon them;
Whereas children are not allowed to enter into contracts, purchase or consume 
        tobacco and alcohol, vote, serve in the military, or engage in other 
        adult activities;
Whereas the only area where the United States does not treat children different 
        from adults is in criminal sentencing laws;
Whereas children sentenced to life without the possibility of release or parole 
        are most frequently the most vulnerable members of society;
Whereas studies show that nearly 80 percent of juvenile lifers reported 
        witnessing violence in their homes and more than half (54.1 percent) 
        witnessed weekly violence in their neighborhoods;
Whereas, in addition, 50 percent of all children sentenced to life in prison 
        without the possibility of parole have been physically abused and 20 
        percent have been sexually abused as a child;
Whereas Black children are 10 times more likely to receive a life without the 
        possibility of release or parole sentence;
Whereas 18 States, including Texas, Nevada, Wyoming, Kentucky, Kansas, Colorado, 
        Montana, Alaska, Hawaii, Delaware, Massachusetts, Vermont, Connecticut, 
        West Virginia, Utah, South Dakota, Iowa, and Arkansas, and the District 
        of Columbia, have all eliminated life without the possibility of release 
        or parole sentences for all children under 18 years of age in the last 
        several years;
Whereas 3 other States including California, Florida, and Washington have 
        eliminated life without the possibility of release or parole for most 
        children under 18 years of age in the last several years;
Whereas the American Bar Association passed Resolution 107C earlier this year 
        calling on the Federal Government and all State governments to 
        retroactively abolish life without parole sentences for children;
Whereas the United Methodist Church and the Roman Catholic Church have called 
        for an end to life without the possibility of release or parole 
        sentences for children;
Whereas, 12 years ago, the Supreme Court in Roper v. Simmons struck down the 
        death penalty for children under 18 years of age;
Whereas, 7 years ago, the Supreme Court in Graham v. Florida struck down the use 
        of life without the possibility of release or parole sentences for non-
        homicide crimes committed by children under 18 years of age;
Whereas, 5 years ago, the Supreme Court in Miller v. Alabama struck down the use 
        of mandatory life without parole sentences and required sentencing 
        bodies to consider the mitigating factors of youth anytime a child faces 
        a potential life sentence; and
Whereas, 1 year ago, the Supreme Court in Montgomery v. Louisiana clarified that 
        its Miller v. Alabama decision held that life without parole sentences 
        for children violated the 8th Amendment's prohibition on cruel and 
        unusual punishment even for homicide offenses, unless it can be shown 
        that a child is irreparably corrupt or beyond rehabilitation which 
        should be exceptionally rare and uncommon: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) applauds and celebrates the anniversaries of the 
        decisions by the Roper, Graham, Miller, and Montgomery courts 
        for striking down the death penalty and use of life without 
        parole sentences for non-homicide offenses and mandatory life 
        without parole sentences for children in the United States;
            (2) applauds and celebrates the States of Texas, Nevada, 
        Wyoming, Kentucky, Kansas, Colorado, Montana, Alaska, Hawaii, 
        Delaware, Massachusetts, Vermont, Connecticut, West Virginia, 
        Utah, South Dakota, Iowa, Arkansas, California, Florida, and 
        Washington, and the District of Columbia, for recent 
        legislative changes that eliminated life without the 
        possibility of release or parole sentences for children 
        convicted of serious crimes in their jurisdictions; and
            (3) encourages other State legislatures to recognize the 
        differences between children and adult offenders and eliminate 
        extreme sentences, like life without parole, for children 
        convicted of serious crimes.
                                 <all>
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