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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1976 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1976

  To increase public awareness of the plight of victims of crime with 
developmental disabilities, to collect data to measure the magnitude of 
   the problem, and to develop strategies to address the safety and 
   justice needs of victims of crime with developmental disabilities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1998

 Mr. DeWine (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To increase public awareness of the plight of victims of crime with 
developmental disabilities, to collect data to measure the magnitude of 
   the problem, and to develop strategies to address the safety and 
   justice needs of victims of crime with developmental disabilities.

    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 ``Crime Victims With Disabilities 
Awareness Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) although research conducted abroad demonstrates that 
        individuals with developmental disabilities are at a 4 to 10 
        times higher risk of becoming crime victims than those without 
        disabilities, there have been no significant studies on this 
        subject conducted in the United States;
            (2) in fact, the National Crime Victim's Survey, conducted 
        annually by the Bureau of Justice Statistics of the Department 
        of Justice, does not specifically collect data relating to 
        crimes against individuals with developmental disabilities;
            (3) studies in Canada, Australia, and Great Britain 
        consistently show that victims with developmental disabilities 
        suffer repeated victimization because so few of the crimes 
        against them are reported, and even when they are, there is 
        sometimes a reluctance by justice officials to rely on the 
        testimony of a disabled individual, making individuals with 
        developmental disabilities a target for criminal predators; and
            (4) research in the United States needs to be done to--
                    (A) understand the nature and extent of crimes 
                against individuals with developmental disabilities;
                    (B) describe how the justice system responds to 
                crimes against the developmentally disabled; and
                    (C) identify programs, policies, or laws that hold 
                promises for making the justice system more responsive 
                to crimes against individuals with developmental 
                disabilities.
    (b) Purposes.--The purposes of this Act are--
            (1) to increase public awareness of the plight of victims 
        of crime who are individuals with developmental disabilities;
            (2) to collect data to measure the extent of the problem of 
        crimes against individuals with developmental disabilities; and
            (3) to develop strategies to address the safety and justice 
        needs of victims of crime who are individuals with 
        developmental disabilities.

SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.

    In this Act, the term ``developmental disability'' has the meaning 
given the term in section 102 of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6001).

SEC. 4. RESEARCH AGENDA.

    (a) Request for Contract.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall submit a request to 
the National Research Council, that the Committee on Law and Justice of 
the National Academy of Sciences, acting through the National Research 
Council, enter into a contract with the Attorney General to develop a 
research agenda to increase public awareness of crimes against 
individuals with developmental disabilities and to reduce the incidence 
of crimes against those individuals.
    (b) Research Agenda.--The research agenda developed under this 
section shall--
            (1) address such issues as--
                    (A) the nature and extent of crimes against 
                individuals with developmental disabilities;
                    (B) the risk factors associated with victimization 
                of the developmentally disabled;
                    (C) strategies to reduce crimes against individuals 
                with developmental disabilities;
                    (D) the manner in which the justice and social 
                service systems respond to crimes against the 
                developmentally disabled, and the means by which that 
                response can be improved;
                    (E) the personal and social consequences of 
                victimization;
                    (F) the importance of place and context in 
                understanding crimes against the developmentally 
                disabled; and
                    (G) the means by which to achieve a better 
                understanding of the interaction between caregiver, 
                victim, and other circumstances in improving public 
                safety; and
            (2) include an analysis of various methodologies for 
        addressing the issues described in paragraph (1), which may 
        include--
                    (A) appropriate longitudinal designs to increase 
                understanding of its causes;
                    (B) rigorous evaluation research designs to inform 
                and improve prevention, intervention, and control 
                efforts;
                    (C) a multidisciplinary approach to measuring the 
                nature and frequency of crimes against the 
                developmentally disabled, and the personal and social 
                consequences of those crimes;
                    (D) survey data and analysis efforts that better 
                describe the victimization experiences of the 
                developmentally disabled, the context in which 
                victimization occurs, and the social and institutional 
                responses to these experiences; and
                    (E) the development of a Federal research response 
                and a coordinated research strategy by Federal 
                agencies.
    (c) Panel of Experts.--In developing the research agenda under this 
section, the Committee on Law and Justice shall--
            (1) convene and consult with a panel, which shall be 
        composed of--
                    (A) nationally recognized experts on victims of 
                crime who are individuals with disabilities, in the 
                fields of--
                            (i) law;
                            (ii) services to individuals with 
                        disabilities;
                            (iii) criminology;
                            (iv) education;
                            (v) direct services to victims of crime; 
                        and
                            (vi) the social sciences; and
                    (B) crime victims with disabilities who are members 
                of diverse ethnic, social, and religious communities; 
                and
            (2) focus primarily on preventive, educative, social, and 
        legal strategies, including addressing the needs of underserved 
        populations.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General shall submit to the 
        Committees on the Judiciary of the Senate and the House of 
        Representatives a report describing the research agenda 
        developed under this section.
            (2) Report.--The Attorney General shall ensure that--
                    (A) the report submitted under paragraph (1) is 
                disseminated widely in governmental, nonprofit, and 
                academic arenas, including by seminars, briefings, and 
                the Internet; and
                    (B) shall make not less than 100 copies of the 
                report available upon request to nonprofit 
                organizations free of charge.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $375,000 for each of fiscal 
years 1999 and 2000.

SEC. 5. NATIONAL CRIME VICTIMS SURVEY.

    (a) Survey.--As part of each National Crime Victims Survey, the 
Attorney General shall include statistics relating to the nature and 
characteristics of victims of crime who are individuals with 
developmental disabilities.
    (b) Consultation.--In carrying out subsection (a), the Attorney 
General shall use a methodology developed in consultation with experts 
in the collection of criminal justice data, statistics, services to 
individuals with disabilities, and victims of crime.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000 for fiscal year 1999.

SEC. 6. STATE DATABASES.

    (a) In General.--The Attorney General shall conduct a study and 
submit to Congress and to each State a report on the means by which 
each State may establish and maintain a centralized computer database 
on the incidence of crimes against individuals with disabilities within 
the State.
    (b) Consultation.--In conducting the study under subsection (a), 
the Attorney General shall consult with--
            (1) individuals who are experts in the collection of 
        criminal justice data;
            (2) State statistical administrators;
            (3) law enforcement personnel;
            (4) nonprofit nongovernmental agencies that provide direct 
        services to victims of crime who are individuals with 
        disabilities; and
            (5) such other individuals and entities as the Attorney 
        General considers to be appropriate.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives, a report 
describing the results of the study under subsection (a), which report 
shall include the views of the individuals and agencies consulted under 
subsection (b).
                                 <all>
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