II
Calendar No. 683
106TH CONGRESS
2D SESSION
H. R. 894
IN THE SENATE OF THE UNITED STATES
JULY 12, 2000
Received and read the first time
JULY 13, 2000
Read the second time and placed on the calendar
AN ACT
To encourage States to incarcerate individuals convicted of
murder, rape, or child molestation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as ‘‘Aimee’s Law’’.
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SEC. 2. DEFINITIONS.
In this Act:
(1) DANGEROUS SEXUAL OFFENSE.—The term
‘‘dangerous sexual offense’’ means sexual abuse or
sexually explicit conduct committed by an individual
who has attained the age of 18 years against an in-
dividual who has not attained the age of 14 years.
(2) MURDER.—The term ‘‘murder’’ has the
meaning given the term under applicable State law.
(3) RAPE.—The term ‘‘rape’’ has the meaning
given the term under applicable State law.
(4) SEXUAL ABUSE.—The term ‘‘sexual abuse’’
has the meaning given the term under applicable
State law.
(5) SEXUALLY EXPLICIT CONDUCT.—The term
‘‘sexually explicit conduct’’ has the meaning given
the term under applicable State law.
SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COM-
MITTED BY CERTAIN RELEASED FELONS.
(a) PENALTY.—
(1) SINGLE STATE.—In any case in which a
State convicts an individual of murder, rape, or a
dangerous sexual offense, who has a prior conviction
for any one of those offenses in a State described in
paragraph (3), the Attorney General shall transfer
an amount equal to the costs of incarceration, pros-
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ecution, and apprehension of that individual, from
Federal law enforcement assistance funds that have
been allocated to but not distributed to the State
that convicted the individual of the prior offense, to
the State account that collects Federal law enforce-
ment assistance funds of the State that convicted
that individual of the subsequent offense.
(2) MULTIPLE STATES.—In any case in which
a State convicts an individual of murder, rape, or a
dangerous sexual offense, who has a prior conviction
for any one or more of those offenses in more than
one other State described in paragraph (3), the At-
torney General shall transfer an amount equal to the
costs of incarceration, prosecution, and apprehension
of that individual, from Federal law enforcement as-
sistance funds that have been allocated to but not
distributed to each State that convicted such indi-
vidual of the prior offense, to the State account that
collects Federal law enforcement assistance funds of
the State that convicted that individual of the subse-
quent offense.
(3) STATE DESCRIBED.—A State is described in
this paragraph if—
(A) the State has not adopted Federal
truth-in-sentencing guidelines under section
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20104 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13704);
(B) the average term of imprisonment im-
posed by the State on individuals convicted of
the offense for which the individual described in
paragraph (1) or (2), as applicable, was con-
victed by the State is less than 10 percent
above the average term of imprisonment im-
posed for that offense in all States; or
(C) with respect to the individual described
in paragraph (1) or (2), as applicable, the indi-
vidual had served less than 85 percent of the
term of imprisonment to which that individual
was sentenced for the prior offense.
(b) STATE APPLICATIONS.—In order to receive an
amount transferred under subsection (a), the chief execu-
tive of a State shall submit to the Attorney General an
application, in such form and containing such information
as the Attorney General may reasonably require, which
shall include a certification that the State has convicted
an individual of murder, rape, or a dangerous sexual of-
fense, who has a prior conviction for one of those offenses
in another State.
(c) SOURCE OF FUNDS.—Any amount transferred
under subsection (a) shall be derived by reducing the
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amount of Federal law enforcement assistance funds re-
ceived by the State that convicted such individual of the
prior offense before the distribution of the funds to the
State. The Attorney General, in consultation with the chief
executive of the State that convicted such individual of the
prior offense, shall establish a payment schedule.
(d) CONSTRUCTION.—Nothing in this subsection may
be construed to diminish or otherwise affect any court or-
dered restitution.
(e) EXCEPTION.—This section does not apply if the
individual convicted of murder, rape, or a dangerous sex-
ual offense has been released from prison upon the rever-
sal of a conviction for an offense described in subsection
(a) and subsequently been convicted for an offense de-
scribed in subsection (a).
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) IN GENERAL.—Beginning with calendar year
2000, and each calendar year thereafter, the Attorney
General shall collect and maintain information relating to,
with respect to each State—
(1) the number of convictions during that cal-
endar year for—
(A) any sex offense in the State in which,
at the time of the offense, the victim had not
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attained the age of 14 years and the offender
had attained the age of 18 years;
(B) rape; and
(C) murder; and
(2) the number of convictions described in para-
graph (1) that constitute second or subsequent con-
victions of the defendant of an offense described in
that paragraph.
(b) REPORT.—Not later than March 1, 2001, and on
March 1 of each year thereafter, the Attorney General
shall submit to Congress a report, which shall include—
(1) the information collected under subsection
(a) with respect to each State during the preceding
calendar year; and
(2) the percentage of cases in each State in
which an individual convicted of an offense described
in subsection (a)(1) was previously convicted of an-
other such offense in another State during the pre-
ceding calendar year.
Passed the House of Representatives July 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 683
106TH CONGRESS
2D SESSION
H. R. 894
AN ACT
To encourage States to incarcerate individuals
convicted of murder, rape, or child molestation.
JULY 13, 2000
Read the second time and placed on the calendar