II

103D CONGRESS

2D SESSION S. 2118

To improve the national crime database and create a Federal cause of action

for early release of violent felons.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 16), 1994

Mr. DORGAN (for himself and Mr. DASCHLE) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To improve the national crime database and create a Federal

cause of action for early release of violent felons.

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 ‘‘Violent Crime Inter5 vention Act of 1994’’.

6 TITLE I—NATIONAL CRIMINAL

7 RECORDS DATABASE

8 SEC. 101. FINDINGS.

9 The Congress finds that—

10 (1) nationwide—
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1 (A) many State criminal record systems

2 are not up to date and contain incomplete or in3 correct information; and

4 (B) less than 20 percent of all criminal

5 records are fully computerized, include court

6 dispositions, and are accessible through the

7 Interstate Identification Index of the Depart8 ment of Justice; and

9 (2) a complete and accurate nationwide crimi10 nal record database is an essential element in fight11 ing crime and development of such a database and

12 is a national urgent priority.

13 SEC. 102. STATE CRIMINAL RECORD UPGRADES.

14 (a) IN GENERAL.—Not later than 180 days after the

15 date of enactment of this Act, the Attorney General shall

16 issue guidelines establishing specific requirements for a

17 State to qualify as a fully participating member of the

18 Interstate Identification Index.

19 (b) MINIMUM REQUIREMENTS.—The guidelines re20 ferred to in subsection (a) shall require—

21 (1) that all arrest reports and final disposition

22 orders are submitted to the State records repository

23 within 21 days;
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1 (2) the State repository to enter these records

2 and orders into the State database not more than 14

3 days after the repository receives the information;

4 (3) the State to conduct audits, at least annu5 ally, of State criminal records to ensure that such

6 records contain correct and complete information

7 about every felony arrest and report the results of

8 each audit to the Attorney General;

9 (4) the State to certify to the Attorney General,

10 on January 1 of each year, that the law enforcement

11 agencies, courts, and records officials of the State

12 are in compliance with this section; and

13 (5) such other conditions as the Attorney Gen14 eral determines are necessary.

15 (c) FEES.—A State that does not qualify as a fully

16 participating State, pursuant to the guidelines referred to

17 in subsection (a), within 2 years after the date on which

18 the Attorney General issues such guidelines shall pay a

19 user fee for each identification request made to the Inter20 state Identification Index in an amount equal to the aver21 age cost of a single Federal database inquiry, as deter22 mined by the Attorney General each year.

23 SEC. 103. AUTHORIZATION.

24 There are authorized to be appropriated

25 $100,000,000 for fiscal years 1995 and 1996 to the Attor-
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1 ney General for grants to States to establish or improve

2 their criminal record databases to qualify as a fully par3 ticipating member of the Interstate Identification Index.

4 TITLE II—LIABILITY FOR EARLY

5 RELEASE OF VIOLENT FELONS

6 SEC. 201. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds that—

8 (1) violent criminals often serve only a small

9 portion of their original sentences;

10 (2) a significant proportion of the most serious

11 violent crimes committed in the United States are

12 committed by criminals who have been released early

13 from a sentence for a previous violent crime;

14 (3) violent criminals who are released early

15 from prison often travel to other States to commit

16 additional violent crimes;

17 (4) the crime and threat of crime committed by

18 violent criminals released early from prison affects

19 tourism, economic development, use of the interstate

20 highway system, federally owned or supported facili21 ties, and other commercial activities of individuals;

22 and

23 (5) the policies of one State regarding the early

24 release of criminals sentenced in that State for a

25 violent crime often affects the citizens of other
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1 States, who can influence those policies only through

2 Federal law.

3 (b) PURPOSE.—The purpose of this title is to reduce

4 violent crime by requiring States to bear the responsibility

5 for the consequences of releasing violent criminals before

6 they serve the full term for which they were sentenced.

7 SEC. 202. CAUSE OF ACTION.

8 (a) IN GENERAL.—The victim (or in the case of a

9 homicide, the family of the victim) of a violent crime shall

10 have a Federal cause of action in any district court against

11 a State if the individual committing the crime—

12 (1) previously had been convicted by the State

13 of a violent offense;

14 (2) was released from incarceration prior to

15 serving his or her full sentence for such offense; and

16 (3) committed the violent crime before the

17 original sentence would have expired.

18 (b) EXCEPTION.—A State shall not be liable under

19 subsection (a) if the State requires a violent criminal to

20 be incarcerated for the entire term of imprisonment to

21 which the criminal is sentenced.

22 (c) DEFINITION.—As used in this title, the term

23 ‘‘crime of violence’’ has the same meaning as in section

24 16 of title 18, United States Code.
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1 (d) DAMAGES.—A State shall be liable to the victim

2 in an action brought under this title for the actual dam3 ages resulting from the violent crime, but not for punitive

4 damages.

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