II

106TH CONGRESS

1ST SESSION S. 668

To encourage States to incarcerate individuals convicted of murder, rape,

or child molestation.

IN THE SENATE OF THE UNITED STATES

MARCH 19, 1999

Mr. SANTORUM introduced the following bill; which was read twice and

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘Aimee’s Law’’.

5 SEC. 2. DEFINITIONS.

6 In this Act:

7 (1) DANGEROUS SEXUAL OFFENSE.—The term

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

9 sexually explicit conduct committed by an individual
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1 who has attained the age of 18 years against an in2 dividual who has not attained the age of 14 years.

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

4 meaning given that term in section 1111 of title 18,

5 United States Code.

6 (3) RAPE.—The term ‘‘rape’’ means any con7 duct constituting unlawful sexual intercourse with

8 another individual without the consent of such other

9 individual.

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

11 has the meaning given that term in section 3509 of

12 title 18, United States Code.

13 (5) SEXUAL CONTACT.—The term ‘‘sexual con14 tact’’ has the meaning given that term in section

15 2246 of title 18, United States Code.

16 (6) SEXUALLY EXPLICIT CONDUCT.—The term

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

18 that term in section 2256 of title 18, United States

19 Code.

20 SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COM21 MITTED BY CERTAIN RELEASED FELONS.

22 (a) PENALTY.—

23 (1) IN GENERAL.—Subject to paragraph (2), in

24 any case in which a State convicts an individual of

25 murder, rape, or a dangerous sexual offense, who
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1 has a prior conviction for any 1 of those offenses in

2 another State, the Attorney General shall transfer

3 an amount equal to the costs of incarceration, pros4 ecution, and apprehension of that individual, from

5 Federal law enforcement assistance funds that have

6 been allocated to but not distributed to the State

7 that convicted such individual of the prior offense, to

8 the State account that collects Federal law enforce9 ment assistance funds of the State that convicted

10 that individual of the subsequent offense.

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

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

13 dangerous sexual offense, who has a prior conviction

14 for any 1 or more of those offenses in more than 1

15 other State, the Attorney General shall transfer an

16 amount equal to the costs of incarceration, prosecu17 tion, and apprehension of that individual, from Fed18 eral law enforcement assistance funds that have

19 been allocated to but not distributed to each State

20 that convicted such individual of the prior offense, to

21 the State account that collects Federal law enforce22 ment assistance funds of the State that convicted

23 that individual of the subsequent offense.

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

25 amount transferred under subsection (a), the chief execu-
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1 tive of a State shall submit to the Attorney General an

2 application, in such form and containing such information

3 as the Attorney General may reasonably require, which

4 shall include a certification that the State has convicted

5 an individual of murder, rape, or a dangerous sexual of6 fense, who has a prior conviction for 1 of those offenses

7 in another State.

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

9 under subsection (a) shall be derived by reducing the

10 amount of Federal law enforcement assistance funds re11 ceived by the State that convicted such individual of the

12 prior offense before the distribution of the funds to the

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

14 executive of the State that convicted such individual of the

15 prior offense, shall establish a payment schedule.

16 (d) CONSTRUCTION.—Nothing in this section may be

17 construed to diminish or otherwise affect any court or18 dered restitution.

19 (e) EXCEPTION.—This section does not apply if an

20 individual convicted of murder, rape, or a dangerous sex21 ual offense has escaped prison and subsequently been con22 victed for an offense described in subsection (a).

23 SEC. 4. COLLECTION OF RECIDIVISM DATA.

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

25 1999, and each calendar year thereafter, the Attorney
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1 General shall collect and maintain information relating to,

2 with respect to each State—

3 (1) the number of convictions during that cal4 endar year for murder, rape, and any sex offense in

5 the State in which, at the time of the offense, the

6 victim had not attained the age of 14 years and the

7 offender had attained the age of 18 years; and

8 (2) the number of convictions described in para9 graph (1) that constitute second or subsequent con10 victions of the defendant of an offense described in

11 that paragraph.

12 (b) REPORT.—Not later than March 1, 2000, and on

13 March 1 of each year thereafter, the Attorney General

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

15 (1) the information collected under subsection

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

17 calendar year; and

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

19 which an individual convicted of an offense described

20 in subsection (a)(1) was previously convicted of an21 other such offense in another State during the pre22 ceding calendar year.

Æ