I 
112TH CONGRESS 
1ST SESSION 
H. R. 577 
To prevent the abuse and exploitation of older individuals. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2011 
Mr. CHANDLER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To prevent the abuse and exploitation of older individuals. 
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 ‘‘Elder Abuse Preven-
tion Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The number of older individuals in the 
United States who are abused, neglected, or ex-
ploited is increasing, and a large percentage of elder 
abuse cases are not reported to Federal and State 
law enforcement authorities. 
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(2) The number of individuals in the United 
States aged 65 and older is projected to increase ex-
ponentially in the coming years, and many of these 
valued citizens will begin to constitute a vulnerable 
population at increased risk of abuse and exploi-
tation in domestic and community-based settings. 
(3) The projected increase in the number of in-
dividuals in the United States aged 65 and over is 
expected to result in a corresponding increase in the 
number of cases of elder abuse, which suggests an 
urgent need for comprehensive consideration of 
means by which such abuse can be prevented, re-
ported, and prosecuted by Federal and State au-
thorities. 
(4) Violent, physical, and sexual assaults upon 
older individuals are particularly abhorrent and 
should be prosecuted vigorously by Federal and 
State law enforcement authorities. Such acts should 
be deterred by appropriate penalties including en-
hanced penalties and the elimination of parole for 
individuals convicted of violent sexual offenses 
against the elderly. 
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SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED 
AGAINST OLDER INDIVIDUALS OR FOR SEXU-
ALLY VIOLENT PREDATORS. 
(a) IN GENERAL.—For each fiscal year after the ex-
piration of the period specified in subsection (b)(1) in 
which a State receives funds for the program referred to 
in subsection (b)(2), the State shall have in effect through-
out the State laws and policies that prohibit parole for 
any individual who— 
(1) is convicted of a criminal sexual offense 
against a victim who is an older individual, which 
shall include any such offense under State law for 
conduct that would constitute an offense under 
chapter 109A of title 18, United States Code, had 
the conduct occurred in the special maritime and 
territorial jurisdiction of the United States or in a 
Federal prison; and 
(2) is a sexually violent predator. 
(b) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Each State shall have 
not more than 3 years from the date of enactment 
of this Act to comply with subsection (a), except 
that— 
(A) the Attorney General may grant an ad-
ditional 2 years to a State that is making good 
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(3) submit to Congress an explanation of ac-
tions taken by the Sentencing Commission pursuant 
to paragraph (2) and any additional policy rec-
ommendations the Sentencing Commission may have 
for combating offenses described in paragraph (1). 
(b) CONSIDERATIONS IN REVIEW.—In carrying out 
this section, the Sentencing Commission shall— 
(1) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of such 
offenses and the need for aggressive and appropriate 
law enforcement action to prevent such offenses; 
(2) assure reasonable consistency with other 
relevant directives and with other guidelines; 
(3) account for any aggravating or mitigating 
circumstances that might justify exceptions, includ-
ing circumstances for which the sentencing guide-
lines currently provide sentencing enhancements; 
(4) make any necessary conforming changes to 
the sentencing guidelines; and 
(5) assure that the guidelines adequately meet 
the purposes of sentencing as set forth in section 
3553(a)(2) of title 18, United States Code. 
(c) EMERGENCY AUTHORITY AND DEADLINE FOR 
COMMISSION ACTION.—The United States Sentencing 
Commission shall promulgate the guidelines or amend-
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ments provided for under this section as soon as prac-
ticable, and in any event not later than the 180 days after 
the date of enactment of this Act, in accordance with the 
procedures set forth in section 21(a) of the Sentencing Re-
form Act of 1987, as though the authority under that Act 
had not expired. 
Æ 
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