I 

113TH CONGRESS 

2D SESSION H. R. 5536 

To encourage States to provide for enhanced sentencing penalties for persons 

convicted of committing, or attempting to commit, an act of domestic 

violence in the presence of minor children. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To encourage States to provide for enhanced sentencing penalties for persons convicted of committing, or attempting 

to commit, an act of domestic violence in the presence 

of minor children. 

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 ‘‘Domestic Violence En5 hanced Penalty Act of 2014’’ or as ‘‘Candace’s Law’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) Approximately 1 in 4 women will experience 

2 domestic violence during her lifetime and every year, 

3 1 in 3 women who is a victim of homicide is mur4 dered by her current or former partner. 

5 (2) Every year, more than 3 million children 

6 witness domestic violence in their homes and chil7 dren who live in homes where there is domestic vio8 lence also suffer abuse or neglect at high rates. 

9 (3) Children are more likely to intervene when 

10 they witness severe violence against a parent, which 

11 places them at great risk for injury or even death. 

12 (4) Girls who witness domestic violence are 

13 more vulnerable to abuse as teens and adults and 

14 boys who witness domestic violence are more likely 

15 to become adult abusers of their partners, their chil16 dren, or both, thus continuing the cycle of violence 

17 in the next generation. 

18 (5) Most domestic violence incidents are never 

19 reported. 

20 (6) Family members, close friends, co-workers, 

21 and other persons close to a victim of domestic vio22 lence frequently observe things that lead to them to 

23 suspect that their loved one or colleague is being 

24 abused but do not feel they possess the knowledge 

25 and skills needed to provide constructive assistance 


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1 that can make a real difference in the life of the vic2 tim. 

3 (7) Domestic violence costs the national econ4 omy more than $37 billion a year in law enforce5 ment involvement, legal work, medical and mental 

6 health treatment, and lost productivity. 

7 SEC. 3. INCENTIVE FOR STATES TO ENACT ENHANCED SEN8 TENCING PROVISIONS FOR PERSONS CON9 VICTED OF COMMITTING ACT OF DOMESTIC 

10 VIOLENCE IN THE PRESENCE OF A MINOR 

11 CHILD. 

12 (a) IN GENERAL.—For each fiscal year after the ex13 piration of the period of implementation specified in sub14 section (b), a State shall provide by law enhanced sen15 tencing provisions for persons convicted of committing, or 

16 attempting to commit, an act of domestic violence in the 

17 presence of minor children. 

18 (b) PERIOD FOR IMPLEMENTATION BY STATES.— 

19 (1) DEADLINE.—Each State shall implement 

20 this section before 2 years after the date of the en21 actment of this Act. 

22 (2) EXTENSIONS.—The Attorney General may 

23 authorize up to one 1-year extension of the deadline 

24 in paragraph (1). 

25 (c) FAILURE OF STATE TO COMPLY.— 


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1 (1) IN GENERAL.—For any fiscal year after the 

2 end of the period for implementation under sub3 section (b), a State that fails, as determined by the 

4 Attorney General, to substantially implement this 

5 section shall not receive 20 percent of the funds that 

6 would otherwise be allocated for that fiscal year to 

7 the State under the Violence Against Women Act of 

8 2000. 

9 (2) STATE CONSTITUTIONALITY.— 

10 (A) IN GENERAL.—When evaluating 

11 whether a State has substantially implemented 

12 this section, the Attorney General shall consider 

13 whether the State is unable to substantially im14 plement this section because of a demonstrated 

15 inability to implement certain provisions that 

16 would place the State in violation of its con17 stitution, as determined by a ruling of the 

18 State’s highest court. 

19 (B) EFFORTS.—If the circumstances arise 

20 under subparagraph (A), then the Attorney 

21 General and the State shall make good faith ef22 forts to accomplish substantial implementation 

23 of this section and to reconcile any conflicts be24 tween this section and the State’s constitution. 

25 In considering whether compliance with the reVerDate Sep 11 2014 00:26 Sep 26, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5536.IH H5536

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1 quirements of this section would likely violate 

2 the State’s constitution or an interpretation 

3 thereof by the State’s highest court, the Attor4 ney General shall consult with the chief execu5 tive and chief legal officer of the State con6 cerning the State’s interpretation of the State’s 

7 constitution and rulings thereon by the State’s 

8 highest court. 

9 (C) ALTERNATIVE PROCEDURES.—If the 

10 State is unable to substantially implement this 

11 section because of a limitation imposed by the 

12 State’s constitution, the Attorney General may 

13 determine that the State is in compliance with 

14 this Act if the State has implemented, or is in 

15 the process of implementing, reasonable alter16 native procedures or accommodations that are 

17 consistent with the purposes of this Act. 

18 (D) FUNDING REDUCTION.—If a State 

19 does not comply with subparagraph (C), then 

20 the State shall be subject to a funding reduc21 tion as specified in paragraph (1). 

22 (3) REALLOCATION.—Amounts not allocated 

23 under subpart 1 of part E of title I of the Omnibus 

24 Crime Control and Safe Streets Act of 1968 (42 

25 U.S.C. 3750 et seq.) to a State for failure to subVerDate Sep 11 2014 00:26 Sep 26, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5536.IH H5536

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1 stantially implement this section shall be reallocated 

2 under such subpart to States that have not failed to 

3 substantially implement this section or may be re4 allocated to a State from which they were withheld 

5 to be used solely for the purpose of implementing 

6 this section. 

7 (d) DEFINITION OF STATE.—In this section the term 

8 ‘‘State’’ shall have the meaning given such term in section 

9 901(a) of Omnibus Crime Control and Safe Streets Act 

10 of 1968 (42 U.S.C. 3791(a) et seq.). 

Æ 


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