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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8615 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8615

 To authorize the court to impose a sentence that is below the minimum 
          statutory sentence in the case of a victim offender.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2024

  Mr. Morelle (for himself and Mrs. Dingell) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To authorize the court to impose a sentence that is below the minimum 
          statutory sentence in the case of a victim offender.

    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 ``Justice in Sentencing for Survivors 
Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Although the United States has less than 5 percent of 
        the world's population, the United States has one of the 
        highest rate of incarceration in the world, with over 1,900,000 
        people incarcerated in state and Federal prisons, local jails, 
        juvenile correctional facilities, immigration detention 
        facilities, and jails operated by Tribal authorities.
            (2) Between 1980 and 2021, the number of incarcerated women 
        increased by more than 525 percent, rising from a total of 
        26,326 in 1980 to 168,449 in 2021.
            (3) More than 79 million people in the United States have a 
        criminal record, creating barriers to housing, jobs, 
        healthcare, and food assistance, among many other collateral 
        consequences.
            (4) Survivors of abuse and sex trafficking are often 
        punished by the United States legal system.
            (5) One study found, of incarcerated women--
                    (A) 86 percent report having experienced sexual 
                violence in their lifetime;
                    (B) 77 percent report partner violence; and
                    (C) 60 percent report caregiver violence.
            (6) Rates of childhood and adult trauma are notably 
        elevated among incarcerated men.

SEC. 3. SENTENCING OFFENDERS WHO ARE SURVIVORS OF ABUSE.

    (a) Sentencing Victim Offenders.--Notwithstanding any other 
provision of law, in the case of a victim offender, the court shall 
have the authority to impose a sentence that is below the minimum 
sentence established by statute in consideration of any sexual assault, 
stalking, dating violence, domestic violence, or severe forms of 
trafficking in persons experienced by the victim offender.
    (b) Imposing Alternative Sentence.--Notwithstanding any other 
provision of law, the court shall have the authority to impose a 
sentence of probation, community confinement or a combination thereof, 
in consideration of any sexual assault, stalking, dating violence, 
domestic violence, or severe forms of trafficking in persons 
experienced by the victim offender.
    (c) Certain Considerations.--A victim offender may be eligible for 
the imposition of a sentence pursuant to subsection (a) or an 
alternative sentence pursuant to subsection (b) even if--
            (1) any sexual assault, stalking, dating violence, domestic 
        violence, or severe forms of trafficking in persons experienced 
        by victim offender--
                    (A) did not result in physical injury;
                    (B) was not experienced for a long period of time; 
                or
                    (C) did not occur contemporaneously with the 
                commission of the offense; or
            (2) the offense was committed against someone other than 
        the perpetrator of the sexual assault, stalking, dating 
        violence, domestic violence, or severe forms of trafficking in 
        persons experienced by the victim offender.
    (d) Consideration of Certain Evidence.--
            (1) In general.--The victim offender's ability or failure 
        to offer evidence to the court prior to sentencing with respect 
        to any sexual assault, stalking, dating violence, domestic 
        violence, or severe forms of trafficking in persons experienced 
        by the victim offender shall not determine their eligibility 
        for the imposition of a sentence pursuant to subsection (a) or 
        an alternative sentence pursuant to subsection (b).
            (2) Affidavit.--In determining whether relief is 
        appropriate under subsection (a) or (b), the court may consider 
        an affidavit that demonstrates, by a preponderance of the 
        evidence, that the victim offender has experienced physical, 
        emotional, sexual, or psychological abuse, trauma, or neglect.
    (e) Applicability.--
            (1) Pending cases.--This Act shall apply to any sentence 
        imposed on, or after the date of the enactment of this Act.
            (2) Past cases.--In the case of a victim offender who, 
        before the date of enactment of this Act, was convicted or 
        sentenced for a Federal offense, the sentencing court may, on 
        motion of the victim offender, the Bureau of Prisons, the 
        attorney for the Government, or on its own motion, impose a 
        sentence in accordance with subsections (a) or (b).
    (f) Directive to United States Sentencing Commission.--Pursuant to 
its authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall review and amend the Federal 
sentencing guidelines and the policy statements of the Commission, as 
appropriate, to include as a factor to be considered in imposing a 
sentence any sexual assault, stalking, dating violence, domestic 
violence, or severe forms of trafficking in persons experienced by a 
victim offender.
    (g) Definitions.--In this Act:
            (1) Dating violence.--The term ``dating violence'' means 
        violence committed by a person--
                    (A) who is or has been in a social relationship of 
                a romantic or intimate nature with the victim; and
                    (B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                            (i) The length of the relationship.
                            (ii) The type of relationship.
                            (iii) The frequency of interaction between 
                        the persons involved in the relationship.
            (2) Domestic violence.--The term ``domestic violence'' 
        includes felony or misdemeanor crimes committed by a current or 
        former spouse or intimate partner of the victim under the 
        family or domestic violence laws of the jurisdiction receiving 
        grant funding and, in the case of victim services, includes the 
        use or attempted use of physical abuse or sexual abuse, or a 
        pattern of any other coercive behavior committed, enabled, or 
        solicited to gain or maintain power and control over a victim, 
        including verbal, psychological, economic, or technological 
        abuse that may or may not constitute criminal behavior, by a 
        person who--
                    (A) is a current or former spouse or intimate 
                partner of the victim, or person similarly situated to 
                a spouse of the victim;
                    (B) is cohabitating, or has cohabitated, with the 
                victim as a spouse or intimate partner;
                    (C) shares a child in common with the victim; or
                    (D) commits acts against a youth or adult victim 
                who is protected from those acts under the family or 
                domestic violence laws of the jurisdiction.
            (3) Sex offense.--The term ``sex offense'' shall have the 
        meaning given such term in section 111 of the Adam Walsh Child 
        Protection and Safety Act of 2006 (34 U.S.C. 20911).
            (4) Sexual assault.--The term ``sexual assault'' means any 
        nonconsensual sexual act proscribed by Federal, tribal, or 
        State law, including when the victim lacks capacity to consent.
            (5) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' shall have the 
        meaning given such term in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102).
            (6) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    (A) fear for his or her safety or the safety of 
                others; or
                    (B) suffer substantial emotional distress.
            (7) Victim offender.--The term ``victim offender'' includes 
        an individual--
                    (A) who has experienced sexual assault, stalking, 
                dating violence, domestic violence, or severe forms of 
                trafficking in persons;
                    (B) for whom such abuse was a significant 
                contributing factor in the offender's criminal 
                behavior; and
                    (C) who has not been convicted of a sex offense.
                                 <all>
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