VIOLENCE AGAINST WOMEN ACT

WRITTEN BY - Sen. James Brown (D-Dixie)

100th Congress of the United States

IN BRIEF

Providing new hotline services for women in abusive households, preparing new households for women fleeing from abusive partners (so they won’t become homeless), and aid towards local and federal law enforcement to capture those who have abused women.

## Section 1. Name of Bill

This Bill will be known as the Violence Against Women Act for the duration of this bill, in all debates, and following enactment by the executive branch will carry the same title.

## Section 2. Findings and Definitions

FINDINGS

1. Whereas, 1 in 6 women in the United States has experienced some form of assault, abuse, harassment, etc.
2. Whereas, current sentencing guidelines for those who have committed abusive acts against women in general have been considered light.
3. Whereas, to provide more resources to law enforcement agencies for capturing abusive partners and allowing women who have experienced abuse to speak up and heal.
4. Whereas, to provide necessary mental health & housing resources for women fleeing abusive partners.
5. Whereas, to create new registries and update sentencing guidelines for those committed of sexual offenses

DEFINITIONS

1. Sex offense - The act of any sexual act directed against another person, without the consent of that person, including instances when the person is unable to give consent
2. Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
3. Weapon - All objects with the purpose of, for any reason, harming an animal or individual. (This could be used to ban anything from guns to knives to a stick.)

## Section 3. Law Enforcement And Punishment

1. Upon the passage of this legislation, $400,000,000 ($400 million) would be appropriated to grants from the Department of Justice to local law enforcement agencies, community-based organizations, and to the Federal Bureau of Investigation for coordination in responding to domestic abuse and sexual assault cases.
	1. The FBI will be instructed to work closely with community-based organizations
	2. $80,000,000 from the above funding would be directed specifically to community-based organizations nationwide, working closely with local, state, and federal law enforcement
2. $10,000,000 in additional funding would be provided to tribes and tribal organizations with the specific intent of cooperating with local/state/federal law enforcement for domestic abuse and sexual assault cases against Native Americans.
3. Upon the passage of this legislation, violation of a protection order or stalking in which an abuser crossed a state line to injure or harass another, or forced a victim to cross a state line under duress will become federal offenses
	1. A minimum of 5 years would be given for each offense listed above
4. In addition, the following punishments for existing offenses would be changed:
	1. A minimum of 90 days of jail time for someone who is convicted of an act of domestic violence within 10 years of being convicted of assault and battery against a family member.
	2. Automatic jail time for anyone committing abusive acts against family members, children, or spouses/partners within 20 years of being convicted of assault and battery against said family members/children/spouses/partners.
	3. A federal minimum of 15 years would be given for rape offenses to family members, children, or spouses/partners
	4. A federal minimum of 8 years would be given for assault and/or threats to family members, children, or spouses/partners

## Section 4. Shelter & Employer Policies

1. The Department of Housing and Urban Development shall appropriate $10,000,000 towards the construction (and renovation of existing buildings and housing) to shelter individuals within cases of sexual assault and abuse
2. $40,000,000 would be appropriated towards mental health services, for treating those who suffered from domestic abuse/sexual assault/sexual offenses
	1. All federal and private employees would be required to provide up to 20 weeks of paid leave for employees seeking mental health services due to domestic abuse/sexual assault/harassment
3. Any employer convicted of intentionally hiding cases of sexual assault, harrassment, or abuse in the workplace through various means (e.g. threatening employee termination or withholding/reducing wages, tampering with evidence, etc.) would be sentenced for a minimum of 8 years.
4. All federal and private employees shall establish awareness efforts, with human resources working closely with local/state/federal employees for reports of sexual assault or harrassment in the workplace.

## Section 5. Hotlines and Registries

1. Upon the passage of this legislation, all states and territories of the United States will be required to form registries of offenders convicted of sexually violent offenses, abuse and threats against family members/spouses/partners, and/or offenses against children.
	1. States must also verify the addresses of abusers/sex offenders annually for at least ten years, and those offenders classified as sexually violent predators must verify their addresses for every address change, and for every 5 years for the rest of the sex offender’s life.
2. Upon the passage of this legislation, a tier list would be created to organize abusers/sex offenders according to the crime they committed:
	1. Whichever tier list the sex offender lands in is up to the discretion of the judge presiding over the case
	2. Tier 1 offenders are required to register for 10-15 years, and update their whereabouts every year within their registration
	3. Tier 2 offenders are required to register for 15-25 years, and update their whereabouts every 6 months within their registration
	4. Tier 3 offenders are required to register for 25 years to life, and update their whereabouts every 3 months within their registration
	5. States are required to publicly disclose information of Tier 2 and 3 offenders, and Tier 2 and 3 offenders are required to publicly disclose information of their offense to neighborhood within their address
	6. Tier 2 and 3 offenders will automatically have a restraining order, maintaining they will be no closer than 50 feet of a school
		1. Violation of this order will cause an automatic jail time of 120 days, and a minimum sentence of 2 years.
3. In addition, the following punishments for existing and/or new offenses would be changed:
	1. A federal minimum of 25 years for sex with a child younger than 12 or for sexually assaulting a child between 13 and 17 years old
	2. A five-year mandatory minimum prison sentence, and a possible life without parole sentence, for sex offenders who, in a revocation hearing before a judge, are found by a preponderance of the evidence to have committed new sex offenses while on supervised release.
	3. A federal minimum of 20 years for kidnapping or maiming a child

## Section 6. Miscellaneous/Additional Funding

1. The Department of Justice shall appropriate $40,000,000 in research for the use of DNA evidence for all federal crimes, including sexual assault/abuse/offense cases, incorporate a DNA evidence collection and registry, and any additional technologies used in the future for capturing DNA evidence.

## Section 7. Funding

TOTAL BILL IMPLEMENTATION COST - $500,000,000 ($500 million)

* Section 3a - $400,000,000 ($400 million)
* Section 3b - $10,000,000 ($10 million)
* Section 4a - $40,000,000 ($40 million)
* Section 4b - $10,000,000 ($10 million)
* Section 6 - $40,000,000 ($40 million)

FUNDING SPECIFICS

* Section 3 funding would be appropriated from the Department of Justice’s discretionary budget
* Section 4a funding would be appropriated from the Department of Housing & Urban Development budget
* Section 4b funding would be appropriated from the Department of Health & Human Resources budget (Healthcare)
* Section 6 funding would be appropriated from the Department of Justice’s discretionary budget