I
106TH CONGRESS
1ST SESSION
H. R. 894
To encourage States to incarcerate individuals convicted of murder, rape,
or child molestation.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1999
Mr. SALMON (for himself, Mr. WELDON of Pennsylvania, Mr. DELAY, Mr.
LARGENT, Mr. FROST, Mr. WELLER, Mr. GRAHAM, Mr. CHABOT, Mr.
SMITH of Washington, Ms. PRYCE of Ohio, Mr. KASICH, Mr. CANNON,
Mrs. FOWLER, Ms. DANNER, Mrs. BONO, Mr. GILMAN, Mrs. MYRICK,
Mr. LOBIONDO, Mr. SCHAFFER, Mr. SCARBOROUGH, Mr. HILLEARY, Mr.
ENGLISH, Mr. LAZIO, Mr. SAXTON, Mr. HORN, Mr. TRAFICANT, Mr.
HAYWORTH, Mr. SMITH of New Jersey, Mr. BRADY of Texas, Mr. PITTS,
Mr. BURR of North Carolina, Mrs. KELLY, Mr. KING of New York, Mr.
HALL of Texas, Mr. BARTLETT of Maryland, Mr. FOLEY, Mr. MICA, Mr.
GARY MILLER of California, Mr. LINDER, Mr. BARTON of Texas, Mr.
CUNNINGHAM, Mr. NEY, Mr. GOODE, Mrs. CUBIN, Mr. SHADEGG, Mr.
CALVERT, Mr. GREEN of Wisconsin, Mr. PACKARD, Mr. GREEN of Texas,
Mr. REGULA, Mr. TIAHRT, Mr. SESSIONS, Mr. SWEENEY, Mr. RILEY,
Mr. ADERHOLT, Mr. PICKERING, Mr. KNOLLENBERG, and Mr. KING-
STON) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
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 the ‘‘No Second Chances
for Murderers, Rapists, or Child Molesters Act of 1999’’
or ‘‘Aimee’s Law’’.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) any individual convicted of murder should
receive the death penalty or be imprisoned for life
without the possibility of parole; and
(2) any individual convicted of rape or a dan-
gerous sexual offense involving a child under the age
of 14 should be imprisoned for life without the possi-
bility of parole.
SEC. 3. REIMBURSEMENT TO STATES AND VICTIMS FOR
CRIMES COMMITTED BY CERTAIN RELEASED
FELONS.
(a) PENALTY.—
(1) IN GENERAL.—In a case in which a State
convicts a person of murder, rape, or a dangerous
sexual offense, who has a prior conviction for one of
these offenses in another State, the Attorney Gen-
eral shall administer the transfer of the following
amounts from Federal law enforcement assistance
funds that have been allocated to but not distributed
to the State that convicted such person of the first
offense:
(A) Up to $100,000 shall be transferred to
each victim (or if the victim is deceased, the
victim’s estate) of the subsequent offense.
(B) The cost of incarceration, prosecution,
and apprehension of such person shall be trans-
ferred to the State that convicted of a subse-
quent offense. Half of the amounts transferred
shall be paid to the State entity designated to
administer crime victim assistance, and half
shall be deposited in a State account that col-
lects Federal law enforcement funds.
(2) MULTIPLE STATES.—In a case in which a
State convicts a person of murder, rape, or a dan-
gerous sexual offense, who has a prior conviction for
one of these offenses in more than one State, the At-
torney General shall administer the transfer of the
following amounts from Federal law enforcement as-
sistance funds allocated to but not distributed to
each State that convicted of a prior offense:
(A) Up to $100,000 shall be apportioned
equally among the States that convicted of prior
offenses and transferred to each victim (or if
the victim is deceased, the victim’s estate) of
the subsequent offense.
(B) The cost of incarceration, prosecution,
and apprehension of such person shall be ap-
portioned equally among the States that con-
victed of prior offenses and transferred to the
State that convicted of a subsequent offense.
Half of the amounts transferred shall be paid
to the State entity designated to administer
crime victim assistance, and half shall be depos-
ited in a State account that collects Federal law
enforcement funds.
(b) STATE APPLICATIONS.—To receive funds under
this section, the chief executive of a State shall submit
an application to the Attorney General in such form and
containing such information as the Attorney General may
reasonably require, including a certification that the State
has convicted a person of murder, rape, or a dangerous
sexual offense, who has a prior conviction for one of these
offenses in another State.
(c) SOURCE OF FUNDS.—Any amount transferred as
a result of subsection (a) shall be derived by reducing
funds from Federal law enforcement assistance programs
received by the State that convicted of the first offense
prior to distribution of funds to the State. The Attorney
General, in consultation with the chief executive of the
State that convicted of the first offense, shall develop a
payment schedule.
(d) CONSTRUCTION.—This section shall not be con-
strued to diminish or modify any court ordered restitution.
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) IN GENERAL.—The Attorney General shall seek
to obtain information for each calendar year, starting with
calendar year 1999, about—
(1) the number of convictions for murder, rape,
and any sex offenses in the United States where the
victim has not attained the age of 14 years and the
offender has attained the age of 18 years; and
(2) the number of such convictions that are sec-
ond or subsequent convictions of the defendant for
a crime described in paragraph (1).
(b) REPORT.—The Attorney General shall report to
Congress in each calendar year, starting with calendar
year 2000, the information obtained under subsection (a),
broken down by State. Such report shall also include the
percentage of cases in each State in which a person con-
victed of a crime described in subsection (a)(1) was pre-
viously convicted of another such crime in another State.
SEC. 5. DEFINITIONS.
For purposes of this Act—
(1) MURDER.—The term ‘‘murder’’ means the
unlawful killing of a human being with malice
aforethought, and includes murder—
(A) perpetrated by poison, lying in wait, or
any other kind of willful, deliberate, malicious,
and premeditated killing;
(B) committed in the perpetration of, or
attempt to perpetrate, any arson, escape, mur-
der, kidnapping, treason, espionage, sabotage,
aggravated sexual abuse or sexual abuse, bur-
glary, or robbery; or
(C) perpetrated from a premeditated de-
sign unlawfully and maliciously to effect the
death of any individual other than the individ-
ual who is killed.
(2) RAPE.—The term ‘‘rape’’ includes the car-
nal knowledge of an individual forcibly and against
the will of such individual.
(3) DANGEROUS SEXUAL OFFENSE.—The term
‘‘dangerous sexual offense’’ means sexual abuse or
sexually explicit conduct committed by an individual
who is over the age of 18 against a child under the
age of 14.
(4) SEXUAL ABUSE.—The term ‘‘sexual abuse’’
includes the employment, use, persuasion, induce-
ment, enticement, or coercion of a child under the
age of 14 to engage in, or assist another person to
engage in, sexually explicit conduct or the rape, mo-
lestation, prostitution, or other form of sexual ex-
ploitation of children, or incest with children.
(5) SEXUALLY EXPLICIT CONDUCT.—The term
‘‘sexually 
explicit 
conduct’’ 
means 
actual 
or
simulated—
(A) sexual intercourse, including sexual
contact in the manner of genital-genital, oral-
genital, anal-genital, or oral-anal contact,
whether between persons of the same or of op-
posite sex;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or
pubic area of a person or animal; or
(E) sadistic or masochistic abuse.
(6) SEXUAL CONTACT.—The term ‘‘sexual con-
tact’’ means the intentional touching, either directly
or through clothing, of the genitalia, anus, or groin,
breast, inner thigh, or buttocks of any person with
an intent to abuse, humiliate, harass, degrade, or
arouse or gratify sexual desire of any person.
Æ