[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1427

 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

                           November 28, 1995

  Mr. Dorgan 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 
1995''.

                TITLE I--NATIONAL CRIME 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 is a national 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 of the United States 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 7 days;
            (2) the State repository to enter these records and orders 
        into the State database not more than 24 hours 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 of the 
        United States;
            (4) the State to certify to the Attorney General of the 
        United States, 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) Limitations on Use of Files.--The Attorney General may 
establish limitations on the purposes for which the Interstate 
Identification Index may be used and may allow a State to prohibit the 
use of information provided by the State for searches unrelated to law 
enforcement.
    (d) 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 of the United 
States 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.

        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 
        affect 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) had previously been convicted by the State of a violent 
        offense;
            (2) was released 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) 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.
    (c) Damages.--A State shall be liable to the victim in an action 
brought under this title for the actual damages (direct and indirect) 
resulting from the violent crime, but not for punitive damages.
                                 <all>