I 
110TH CONGRESS 
1ST SESSION H. R. 2105 
To prevent the abuse and exploitation of older individuals. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2007 
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 Americans who are 
abused, neglected, or exploited is increasing, and a 
large percentage of elder abuse cases are not re-
ported to Federal and State law enforcement au-
thorities. 
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(2) The number of Americans aged 65 and 
older is projected to increase exponentially in the 
coming years, and many of these valued citizens will 
begin to constitute a vulnerable population at in-
creased risk of abuse and exploitation in domestic 
and community-based settings. 
(3) The projected increase in the number of 
Americans 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 com-
prehensive consideration of means by which such 
abuse can be prevented, reported, and prosecuted by 
Federal and State authorities. 
(4) Violent, physical, and sexual assaults upon 
older Americans 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 THE ELDERLY OR FOR SEXUALLY 
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 a 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 is— 
(1) convicted of a criminal sexual offense 
against a victim who is elderly, 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 oc-
curred in the special maritime and territorial juris-
diction of the United States or in a Federal prison; 
or 
(2) 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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faith efforts to comply with such subsection; 
and 
(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance 
with such subsection by a State would be un-
constitutional under the constitution of such 
State. 
(2) INELIGIBILITY FOR FUNDS.—For any fiscal 
year after the expiration of the period specified in 
paragraph (1), a State that fails to comply with sub-
section (a) shall not receive 10 percent of the funds 
that would otherwise be allocated for that fiscal year 
to the State 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.), whether charac-
terized as the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs, the 
Local Government Law Enforcement Block Grants 
Program, the Edward Byrne Memorial Justice As-
sistance Grant Program, or otherwise. 
(c) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State for 
failure to fully comply with subsection (a) shall be reallo-
cated under that program to States that have not failed 
to comply with such subsection. 
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(d) DEFINITION.—For the purposes of this section, 
the term ‘‘sexually violent predator’’ means a person who 
has been convicted of a sexually violent offense and who 
suffers from a mental abnormality or personality disorder 
that makes the person likely to engage in predatory sexu-
ally violent offenses. 
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING 
GUIDELINES. 
(a) REQUEST FOR IMMEDIATE CONSIDERATION BY 
THE UNITED STATES SENTENCING COMMISSION.—Pur-
suant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission is requested 
to— 
(1) promptly review the sentencing guidelines 
applicable to sexual offenses committed against the 
elderly; 
(2) expeditiously consider the promulgation of 
new sentencing guidelines or amendments to existing 
sentencing guidelines to provide an enhancement for 
such offenses; and 
(3) submit to Congress an explanation of ac-
tions taken by the Sentencing Commission pursuant 
to paragraph (2) and any additional policy rec-
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