I

106TH CONGRESS

2D SESSION H. R. 5021

To restore the Federal civil remedy for crimes of violence motivated by

gender.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. CONYERS (for himself, Ms. BALDWIN, Mrs. MALONEY of New York, Mr.

GEPHARDT, Mrs. MORELLA, Mr. FRANK of Massachusetts, Mr. BERMAN,

Mr. BOUCHER, Mr. NADLER, Ms. JACKSON-LEE of Texas, Mr. MEEHAN,

Mr. DELAHUNT, Mr. WEINER, Mr. CROWLEY, Ms. SLAUGHTER, Mr.

POMEROY, Mr. WU, Ms. SCHAKOWSKY, Ms. RIVERS, Mr. ANDREWS, Mr.

INSLEE, Mrs. LOWEY, Mrs. JONES of Ohio, Mr. SANDERS, Mr. HINCHEY,

Mr. WYNN, Mr. STARK, Mr. ABERCROMBIE, Mr. BACA, Mr.

BLAGOJEVICH, Mr. STUPAK, Ms. ROYBAL-ALLARD, Ms. CARSON, Mr.

FROST, Mr. BRADY of Pennsylvania, Mr. KIND, Ms. DELAURO, Mr.

FOLEY, Mr. DEFAZIO, Mr. ETHERIDGE, Mrs. MEEK of Florida, Mr.

MOORE, Mr. THOMPSON of California, and Mr. TIERNEY) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To restore the Federal civil remedy for crimes of violence

motivated by gender.

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 the ‘‘Violence Against

5 Women Civil Rights Restoration Act of 2000’’.
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1 SEC. 2. FEDERAL CIVIL REMEDY FOR CRIMES OF VIO2 LENCE MOTIVATED BY GENDER.

3 Section 40302 of the Violence Against Women Act

4 (42 U.S.C. 13981) is amended:

5 (1) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) CAUSE OF ACTION.—A person who, in any cir8 cumstance described in subsection (d), commits a crime

9 of violence motivated by gender and thus deprives another

10 of the right declared in subsection (b) shall be liable to

11 the party injured, in an action for the recovery of compen12 satory and punitive damages, injunctive and declaratory

13 relief, and such other relief as a court may deem appro14 priate.’’;

15 (2) by redesignating subsections (d) and (e) as

16 subsections (e) and (f), respectively;

17 (3) by inserting after subsection (c) the fol18 lowing:

19 ‘‘(d) CIRCUMSTANCES.—For purposes of subsection

20 (c), the circumstances described in this subsection are

21 that—

22 ‘‘(1) in connection with the offense—

23 ‘‘(A) the defendant or the victim travels in

24 interstate or foreign commerce;
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1 ‘‘(B) the defendant or the victim uses a fa2 cility or instrumentality of interstate or foreign

3 commerce; or

4 ‘‘(C) the defendant employs a firearm, ex5 plosive, incendiary device, or other weapon, or

6 a narcotic or drug listed pursuant to section

7 202 of the Controlled Substances Act, or other

8 noxious or dangerous substance, that has trav9 eled in interstate or foreign commerce;

10 ‘‘(2) the offense interferes with commercial or

11 other economic activity in which the victim is en12 gaged at the time of the conduct; or

13 ‘‘(3) the offense was committed with intent to

14 interfere with the victim’s commercial or other eco15 nomic activity.’’; and

16 (4) by inserting after subsection (f) the fol17 lowing:

18 ‘‘(g) DISCRETIONARY AUTHORITY OF ATTORNEY

19 GENERAL.—Whenever the Attorney General has reason20 able cause to believe that any State or political subdivision

21 of a State, official, employee, or agent thereof, or other

22 person acting on behalf of a State or political subdivision

23 of a State has discriminated on the basis of gender in the

24 investigation or prosecution of gender-based crimes and

25 that discrimination is pursuant to a pattern or practice
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1 of resistance to investigating or prosecuting gender-based

2 crimes, the Attorney General, for or in the name of the

3 United States, may institute a civil action in any appro4 priate United States district court against such party for

5 such equitable relief as may be appropriate to ensure the

6 elimination of such discriminatory practices.’’.

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