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 pen-
alties for persons convicted of committing, or attempting 
to commit, an act of domestic violence in the presence 
of minor children. 
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 the ‘‘Domestic Violence En-
hanced Penalty Act of 2014’’ or as ‘‘Candace’s Law’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) Approximately 1 in 4 women will experience 
domestic violence during her lifetime and every year, 
1 in 3 women who is a victim of homicide is mur-
dered by her current or former partner. 
(2) Every year, more than 3 million children 
witness domestic violence in their homes and chil-
dren who live in homes where there is domestic vio-
lence also suffer abuse or neglect at high rates. 
(3) Children are more likely to intervene when 
they witness severe violence against a parent, which 
places them at great risk for injury or even death. 
(4) Girls who witness domestic violence are 
more vulnerable to abuse as teens and adults and 
boys who witness domestic violence are more likely 
to become adult abusers of their partners, their chil-
dren, or both, thus continuing the cycle of violence 
in the next generation. 
(5) Most domestic violence incidents are never 
reported. 
(6) Family members, close friends, co-workers, 
and other persons close to a victim of domestic vio-
lence frequently observe things that lead to them to 
suspect that their loved one or colleague is being 
abused but do not feel they possess the knowledge 
and skills needed to provide constructive assistance 
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that can make a real difference in the life of the vic-
tim. 
(7) Domestic violence costs the national econ-
omy more than $37 billion a year in law enforce-
ment involvement, legal work, medical and mental 
health treatment, and lost productivity. 
SEC. 3. INCENTIVE FOR STATES TO ENACT ENHANCED SEN-
TENCING PROVISIONS FOR PERSONS CON-
VICTED OF COMMITTING ACT OF DOMESTIC 
VIOLENCE IN THE PRESENCE OF A MINOR 
CHILD. 
(a) IN GENERAL.—For each fiscal year after the ex-
piration of the period of implementation specified in sub-
section (b), a State shall provide by law enhanced sen-
tencing provisions for persons convicted of committing, or 
attempting to commit, an act of domestic violence in the 
presence of minor children. 
(b) PERIOD FOR IMPLEMENTATION BY STATES.— 
(1) DEADLINE.—Each State shall implement 
this section before 2 years after the date of the en-
actment of this Act. 
(2) EXTENSIONS.—The Attorney General may 
authorize up to one 1-year extension of the deadline 
in paragraph (1). 
(c) FAILURE OF STATE TO COMPLY.— 
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(1) IN GENERAL.—For any fiscal year after the 
end of the period for implementation under sub-
section (b), a State that fails, as determined by the 
Attorney General, to substantially implement this 
section shall not receive 20 percent of the funds that 
would otherwise be allocated for that fiscal year to 
the State under the Violence Against Women Act of 
2000. 
(2) STATE CONSTITUTIONALITY.— 
(A) 
IN
GENERAL.—When 
evaluating 
whether a State has substantially implemented 
this section, the Attorney General shall consider 
whether the State is unable to substantially im-
plement this section because of a demonstrated 
inability to implement certain provisions that 
would place the State in violation of its con-
stitution, as determined by a ruling of the 
State’s highest court. 
(B) EFFORTS.—If the circumstances arise 
under subparagraph (A), then the Attorney 
General and the State shall make good faith ef-
forts to accomplish substantial implementation 
of this section and to reconcile any conflicts be-
tween this section and the State’s constitution. 
In considering whether compliance with the re-
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quirements of this section would likely violate 
the State’s constitution or an interpretation 
thereof by the State’s highest court, the Attor-
ney General shall consult with the chief execu-
tive and chief legal officer of the State con-
cerning the State’s interpretation of the State’s 
constitution and rulings thereon by the State’s 
highest court. 
(C) ALTERNATIVE
PROCEDURES.—If the 
State is unable to substantially implement this 
section because of a limitation imposed by the 
State’s constitution, the Attorney General may 
determine that the State is in compliance with 
this Act if the State has implemented, or is in 
the process of implementing, reasonable alter-
native procedures or accommodations that are 
consistent with the purposes of this Act. 
(D) FUNDING
REDUCTION.—If a State 
does not comply with subparagraph (C), then 
the State shall be subject to a funding reduc-
tion as specified in paragraph (1). 
(3) REALLOCATION.—Amounts not allocated 
under subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.) to a State for failure to sub-
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stantially implement this section shall be reallocated 
under such subpart to States that have not failed to 
substantially implement this section or may be re-
allocated to a State from which they were withheld 
to be used solely for the purpose of implementing 
this section. 
(d) DEFINITION OF STATE.—In this section the term 
‘‘State’’ shall have the meaning given such term in section 
901(a) of Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3791(a) et seq.). 
Æ 
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