[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2118 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2118

 To improve the national crime database and create a Federal cause of 
              action for early release of violent felons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 17 (legislative day, May 16), 1994

   Mr. Dorgan (for himself and Mr. Daschle) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To improve the national crime database and create a Federal cause of 
              action for early release of violent felons.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Crime Intervention Act of 
1994''.

              TITLE I--NATIONAL CRIMINAL RECORDS DATABASE

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) nationwide--
                    (A) many State criminal record systems are not up 
                to date and contain incomplete or incorrect 
                information; and
                    (B) less than 20 percent of all criminal records 
                are fully computerized, include court dispositions, and 
                are accessible through the Interstate Identification 
                Index of the Department of Justice; and
            (2) a complete and accurate nationwide criminal record 
        database is an essential element in fighting crime and 
        development of such a database and is a national urgent 
        priority.

SEC. 102. STATE CRIMINAL RECORD UPGRADES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall issue guidelines 
establishing specific requirements for a State to qualify as a fully 
participating member of the Interstate Identification Index.
    (b) Minimum Requirements.--The guidelines referred to in subsection 
(a) shall require--
            (1) that all arrest reports and final disposition orders 
        are submitted to the State records repository within 21 days;
            (2) the State repository to enter these records and orders 
        into the State database not more than 14 days after the 
        repository receives the information;
            (3) the State to conduct audits, at least annually, of 
        State criminal records to ensure that such records contain 
        correct and complete information about every felony arrest and 
        report the results of each audit to the Attorney General;
            (4) the State to certify to the Attorney General, on 
        January 1 of each year, that the law enforcement agencies, 
        courts, and records officials of the State are in compliance 
        with this section; and
            (5) such other conditions as the Attorney General 
        determines are necessary.
    (c) Fees.--A State that does not qualify as a fully participating 
State, pursuant to the guidelines referred to in subsection (a), within 
2 years after the date on which the Attorney General issues such 
guidelines shall pay a user fee for each identification request made to 
the Interstate Identification Index in an amount equal to the average 
cost of a single Federal database inquiry, as determined by the 
Attorney General each year.

SEC. 103. AUTHORIZATION.

    There are authorized to be appropriated $100,000,000 for fiscal 
years 1995 and 1996 to the Attorney General for grants to States to 
establish or improve their criminal record databases to qualify as a 
fully participating member of the Interstate Identification Index.

        TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) violent criminals often serve only a small portion of 
        their original sentences;
            (2) a significant proportion of the most serious violent 
        crimes committed in the United States are committed by 
        criminals who have been released early from a sentence for a 
        previous violent crime;
            (3) violent criminals who are released early from prison 
        often travel to other States to commit additional violent 
        crimes;
            (4) the crime and threat of crime committed by violent 
        criminals released early from prison affects tourism, economic 
        development, use of the interstate highway system, federally 
        owned or supported facilities, and other commercial activities 
        of individuals; and
            (5) the policies of one State regarding the early release 
        of criminals sentenced in that State for a violent crime often 
        affects the citizens of other States, who can influence those 
        policies only through Federal law.
    (b) Purpose.--The purpose of this title is to reduce violent crime 
by requiring States to bear the responsibility for the consequences of 
releasing violent criminals before they serve the full term for which 
they were sentenced.

SEC. 202. CAUSE OF ACTION.

    (a) In General.--The victim (or in the case of a homicide, the 
family of the victim) of a violent crime shall have a Federal cause of 
action in any district court against a State if the individual 
committing the crime--
            (1) previously had been convicted by the State of a violent 
        offense;
            (2) was released from incarceration prior to serving his or 
        her full sentence for such offense; and
            (3) committed the violent crime before the original 
        sentence would have expired.
    (b) Exception.--A State shall not be liable under subsection (a) if 
the State requires a violent criminal to be incarcerated for the entire 
term of imprisonment to which the criminal is sentenced.
    (c) Definition.--As used in this title, the term ``crime of 
violence'' has the same meaning as in section 16 of title 18, United 
States Code.
    (d) Damages.--A State shall be liable to the victim in an action 
brought under this title for the actual damages resulting from the 
violent crime, but not for punitive damages.

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