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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Children's Equal Protection Act of
1994''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) Complaints of assault or abuse of children raised
during custody proceedings or under other circumstances are
often not pursued through criminal investigation and
prosecution in the same manner and with the same vigor that
similar complaints against adult victims are pursued.
(2) Complaints are often adjudicated in family courts ill-
equipped to, or jurisdictionally prohibited from, investigating
criminal matters.
(3) The failure by States, territories, and the District of
Columbia to bring their full criminal investigatory and
prosecutorial skills to bear regarding such complaints
regarding alleged child victims places these alleged child
victims at risk of further harm.
(4) Children are a discrete and insular minority, within
the Supreme Court's understanding of the Fourteenth Amendment
to the Constitution of the United States.
(5) Because of such status, children have been deprived of
equal and adequate enforcement of the laws, and particularly
those criminal laws prohibiting assault, battery, and torture.
(6) It would be a violation of the alleged child victims'
right to equal protection of law if enforcement actions are
brought to bear regarding alleged adult victims but not brought
to bear regarding child victims.

SEC. 3. RIGHT TO PROTECTION; DUTY TO INTERVENE.

The Revised Statutes of the United States are amended by inserting
after section 1979 the following:

SEC. 1979A. RIGHT TO PROTECTION; DUTY TO INTERVENE.

''(a) Where the statutes, ordinances, regulations, custom, or usage
of any State or territory or the District of Columbia provide for
investigation and, where warranted, criminal prosecution in response to
complaints of physical assault, sexual assault, sexual abuse, or sexual
harassment of citizens or other persons within the jurisdiction
thereof, these ordinances, regulations, customs, and usage shall be
applied without regard to the age of the victim.
''(b) Neither the investigation and determination of facts for the
purpose of awarding guardianship for or custody of a minor, nor the act
of awarding such guardianship or custody shall relieve any State or
territory or the District of Columbia of the duty to investigate and
criminally prosecute valid complaints against child victims in the same
vigorous and timely manner as complaints against adult victims.
''(c) Nothing in this section shall be construed to permit the
public disclosure of any victim's identity. To the contrary, to the
maximum extent possible, the identity of all child victims shall be
protected in any investigation and prosecution.
''(d) Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or territory or the District
of Columbia, fails to provide the affirmative protection or
intervention required pursuant to subsection (a) to a citizen of the
United States or other person within the jurisdiction thereof shall be
liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress. Such protection and intervention
as required by law shall not be limited to those cases in which the
injured party is in the physical or constructive custody of such
person.
''(e) The failure of a State, county, locality, or the District of
Columbia to comply with this section shall act as an absolute
disability to receipt of Federal grants for law-enforcement purposes as
otherwise provided for in such laws as Congress may from time to time
enact.

''SEC. 1979B. RELIEF.

''An injured party under section 1979A may apply to the court for
such relief as the court may grant in its discretion. Such relief may
include injunctive relief, restraining orders, and monetary damages.
Such relief may not include punitive damages. Granting of such relief
as the court may grant does not preclude criminal prosecution under the
laws of a State or the United States. Judgment entered on such action
may be considered by the Department of Justice in its determination of
whether a State, locality, or the District of Columbia has met the
requirements of section 1979A.

''SEC. 1979C. ABSTENTION; DENOVO REVIEW.

''The court may not abstain from hearing a case under section 1979B
until the completion of State court proceedings or exhaustion of State
remedies unless the defendant demonstrate by clear and convincing
evidence that delay of Federal proceedings will not endanger the
injured party or deprive such party of the protection which is the
subject of the proceeding. In making any determination in a proceeding
under this section, the court may, in its discretion, review all
factual issues de novo, and shall not be limited by doctrines of res
judicata or collateral estoppel, except that a final criminal
conviction in a State or Federal court after a fully-litigated trial
shall estop any review of the act or acts underlying such conviction.

''SEC. 1979D. WHO MAY BRING.

''An action under section 1979B may be brought by the injured
party, a guardian ad litem, a class of affected individuals, the
Attorney General of the United States, or the attorney general of a
State, commonwealth, territory. A refusal by such attorneys general to
prosecute shall not act as a bar to private action.

''SEC. 1979E. COSTS.

''In any action under section 1979B, the court, in its discretion,
may allow the prevailing party, other than the United States or a
State, territory or jurisdiction, a reasonable attorney's fee.''.
Output:
Children's Equal Protection Act of 1994 - Amends the Revised Statutes to mandate that State criminal investigation and prosecution statutes that relate to physical assault or sexual assault, abuse, or harassment be applied without regard to the victim's age.
Imposes liability upon any person who under color of law fails to provide the affirmative protection or intervention required by this Act.
Declares that noncompliance by any jurisdiction shall serve as an absolute bar to receipt of Federal law-enforcement grants.
Prescribes guidelines for judicial relief, abstention, de novo review, and attorney's fees.