[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1976 Reported in Senate (RS)]

                                                       Calendar No. 438

105th CONGRESS

  2d Session

                                S. 1976

_______________________________________________________________________

                                 A BILL

  To increase public awareness of the plight of victims of crime with 
developmental disabilities, to collect data to measure the magnitude of 
   the problem, and to develop strategies to address the safety and 
   justice needs of victims of crime with developmental disabilities.

_______________________________________________________________________

                             June 25, 1998.

                       Reported with an amendment
                                                       Calendar No. 438
105th CONGRESS
  2d Session
                                S. 1976

  To increase public awareness of the plight of victims of crime with 
developmental disabilities, to collect data to measure the magnitude of 
   the problem, and to develop strategies to address the safety and 
   justice needs of victims of crime with developmental disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1998

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

                             June 25, 1998

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To increase public awareness of the plight of victims of crime with 
developmental disabilities, to collect data to measure the magnitude of 
   the problem, and to develop strategies to address the safety and 
   justice needs of victims of crime with developmental disabilities.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Crime Victims With 
Disabilities Awareness Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) although research conducted abroad 
        demonstrates that individuals with developmental disabilities 
        are at a 4 to 10 times higher risk of becoming crime victims 
        than those without disabilities, there have been no significant 
        studies on this subject conducted in the United 
        States;</DELETED>
        <DELETED>    (2) in fact, the National Crime Victim's Survey, 
        conducted annually by the Bureau of Justice Statistics of the 
        Department of Justice, does not specifically collect data 
        relating to crimes against individuals with developmental 
        disabilities;</DELETED>
        <DELETED>    (3) studies in Canada, Australia, and Great 
        Britain consistently show that victims with developmental 
        disabilities suffer repeated victimization because so few of 
        the crimes against them are reported, and even when they are, 
        there is sometimes a reluctance by justice officials to rely on 
        the testimony of a disabled individual, making individuals with 
        developmental disabilities a target for criminal predators; 
        and</DELETED>
        <DELETED>    (4) research in the United States needs to be done 
        to--</DELETED>
                <DELETED>    (A) understand the nature and extent of 
                crimes against individuals with developmental 
                disabilities;</DELETED>
                <DELETED>    (B) describe how the justice system 
                responds to crimes against the developmentally 
                disabled; and</DELETED>
                <DELETED>    (C) identify programs, policies, or laws 
                that hold promises for making the justice system more 
                responsive to crimes against individuals with 
                developmental disabilities.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to increase public awareness of the plight of 
        victims of crime who are individuals with developmental 
        disabilities;</DELETED>
        <DELETED>    (2) to collect data to measure the extent of the 
        problem of crimes against individuals with developmental 
        disabilities; and</DELETED>
        <DELETED>    (3) to develop strategies to address the safety 
        and justice needs of victims of crime who are individuals with 
        developmental disabilities.</DELETED>

<DELETED>SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.</DELETED>

<DELETED>    In this Act, the term ``developmental disability'' has the 
meaning given the term in section 102 of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6001).</DELETED>

<DELETED>SEC. 4. RESEARCH AGENDA.</DELETED>

<DELETED>    (a) Request for Contract.--Not later than 90 days after 
the date of enactment of this Act, the Attorney General shall submit a 
request to the National Research Council, that the Committee on Law and 
Justice of the National Academy of Sciences, acting through the 
National Research Council, enter into a contract with the Attorney 
General to develop a research agenda to increase public awareness of 
crimes against individuals with developmental disabilities and to 
reduce the incidence of crimes against those individuals.</DELETED>
<DELETED>    (b) Research Agenda.--The research agenda developed under 
this section shall--</DELETED>
        <DELETED>    (1) address such issues as--</DELETED>
                <DELETED>    (A) the nature and extent of crimes 
                against individuals with developmental 
                disabilities;</DELETED>
                <DELETED>    (B) the risk factors associated with 
                victimization of the developmentally 
                disabled;</DELETED>
                <DELETED>    (C) strategies to reduce crimes against 
                individuals with developmental disabilities;</DELETED>
                <DELETED>    (D) the manner in which the justice and 
                social service systems respond to crimes against the 
                developmentally disabled, and the means by which that 
                response can be improved;</DELETED>
                <DELETED>    (E) the personal and social consequences 
                of victimization;</DELETED>
                <DELETED>    (F) the importance of place and context in 
                understanding crimes against the developmentally 
                disabled; and</DELETED>
                <DELETED>    (G) the means by which to achieve a better 
                understanding of the interaction between caregiver, 
                victim, and other circumstances in improving public 
                safety; and</DELETED>
        <DELETED>    (2) include an analysis of various methodologies 
        for addressing the issues described in paragraph (1), which may 
        include--</DELETED>
                <DELETED>    (A) appropriate longitudinal designs to 
                increase understanding of its causes;</DELETED>
                <DELETED>    (B) rigorous evaluation research designs 
                to inform and improve prevention, intervention, and 
                control efforts;</DELETED>
                <DELETED>    (C) a multidisciplinary approach to 
                measuring the nature and frequency of crimes against 
                the developmentally disabled, and the personal and 
                social consequences of those crimes;</DELETED>
                <DELETED>    (D) survey data and analysis efforts that 
                better describe the victimization experiences of the 
                developmentally disabled, the context in which 
                victimization occurs, and the social and institutional 
                responses to these experiences; and</DELETED>
                <DELETED>    (E) the development of a Federal research 
                response and a coordinated research strategy by Federal 
                agencies.</DELETED>
<DELETED>    (c) Panel of Experts.--In developing the research agenda 
under this section, the Committee on Law and Justice shall--</DELETED>
        <DELETED>    (1) convene and consult with a panel, which shall 
        be composed of--</DELETED>
                <DELETED>    (A) nationally recognized experts on 
                victims of crime who are individuals with disabilities, 
                in the fields of--</DELETED>
                        <DELETED>    (i) law;</DELETED>
                        <DELETED>    (ii) services to individuals with 
                        disabilities;</DELETED>
                        <DELETED>    (iii) criminology;</DELETED>
                        <DELETED>    (iv) education;</DELETED>
                        <DELETED>    (v) direct services to victims of 
                        crime; and</DELETED>
                        <DELETED>    (vi) the social sciences; 
                        and</DELETED>
                <DELETED>    (B) crime victims with disabilities who 
                are members of diverse ethnic, social, and religious 
                communities; and</DELETED>
        <DELETED>    (2) focus primarily on preventive, educative, 
        social, and legal strategies, including addressing the needs of 
        underserved populations.</DELETED>
<DELETED>    (d) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Attorney General shall 
        submit to the Committees on the Judiciary of the Senate and the 
        House of Representatives a report describing the research 
        agenda developed under this section.</DELETED>
        <DELETED>    (2) Report.--The Attorney General shall ensure 
        that--</DELETED>
                <DELETED>    (A) the report submitted under paragraph 
                (1) is disseminated widely in governmental, nonprofit, 
                and academic arenas, including by seminars, briefings, 
                and the Internet; and</DELETED>
                <DELETED>    (B) shall make not less than 100 copies of 
                the report available upon request to nonprofit 
                organizations free of charge.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $375,000 for each of 
fiscal years 1999 and 2000.</DELETED>

<DELETED>SEC. 5. NATIONAL CRIME VICTIMS SURVEY.</DELETED>

<DELETED>    (a) Survey.--As part of each National Crime Victims 
Survey, the Attorney General shall include statistics relating to the 
nature and characteristics of victims of crime who are individuals with 
developmental disabilities.</DELETED>
<DELETED>    (b) Consultation.--In carrying out subsection (a), the 
Attorney General shall use a methodology developed in consultation with 
experts in the collection of criminal justice data, statistics, 
services to individuals with disabilities, and victims of 
crime.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $100,000 for fiscal year 
1999.</DELETED>

<DELETED>SEC. 6. STATE DATABASES.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall conduct a 
study and submit to Congress and to each State a report on the means by 
which each State may establish and maintain a centralized computer 
database on the incidence of crimes against individuals with 
disabilities within the State.</DELETED>
<DELETED>    (b) Consultation.--In conducting the study under 
subsection (a), the Attorney General shall consult with--</DELETED>
        <DELETED>    (1) individuals who are experts in the collection 
        of criminal justice data;</DELETED>
        <DELETED>    (2) State statistical administrators;</DELETED>
        <DELETED>    (3) law enforcement personnel;</DELETED>
        <DELETED>    (4) nonprofit nongovernmental agencies that 
        provide direct services to victims of crime who are individuals 
        with disabilities; and</DELETED>
        <DELETED>    (5) such other individuals and entities as the 
        Attorney General considers to be appropriate.</DELETED>
<DELETED>    (c) Report.--Not later than 2 years after the date of 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives, a report describing the results of the study under 
subsection (a), which report shall include the views of the individuals 
and agencies consulted under subsection (b).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims With Disabilities 
Awareness Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) although research conducted abroad demonstrates that 
        individuals with developmental disabilities are at a 4 to 10 
        times higher risk of becoming crime victims than those without 
        disabilities, there have been no significant studies on this 
        subject conducted in the United States;
            (2) in fact, the National Crime Victim's Survey, conducted 
        annually by the Bureau of Justice Statistics of the Department 
        of Justice, does not specifically collect data relating to 
        crimes against individuals with developmental disabilities;
            (3) studies in Canada, Australia, and Great Britain 
        consistently show that victims with developmental disabilities 
        suffer repeated victimization because so few of the crimes 
        against them are reported, and even when they are, there is 
        sometimes a reluctance by police, prosecutors, and judges to 
        rely on the testimony of a disabled individual, making 
        individuals with developmental disabilities a target for 
        criminal predators;
            (4) research in the United States needs to be done to--
                    (A) understand the nature and extent of crimes 
                against individuals with developmental disabilities;
                    (B) describe the manner in which the justice system 
                responds to crimes against individuals with 
                developmental disabilities; and
                    (C) identify programs, policies, or laws that hold 
                promises for making the justice system more responsive 
                to crimes against individuals with developmental 
                disabilities; and
            (5) the National Academy of Science Committee on Law and 
        Justice of the National Research Council is a premier research 
        institution with unique experience in developing seminal, 
        multidisciplinary studies to establish a strong research base 
        from which to make public policy.
    (b) Purposes.--The purposes of this Act are--
            (1) to increase public awareness of the plight of victims 
        of crime who are individuals with developmental disabilities;
            (2) to collect data to measure the extent of the problem of 
        crimes against individuals with developmental disabilities; and
            (3) to develop a basis to find new strategies to address 
        the safety and justice needs of victims of crime who are 
        individuals with developmental disabilities.

SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.

    In this Act, the term ``developmental disability'' has the meaning 
given the term in section 102 of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6001).

SEC. 4. STUDY.

    (a) In General.--The Attorney General shall conduct a study to 
increase knowledge and information about crimes against individuals 
with developmental disabilities that will be useful in developing new 
strategies to reduce the incidence of crimes against those individuals.
    (b) Issues Addressed.--The study conducted under this section shall 
address such issues as--
            (1) the nature and extent of crimes against individuals 
        with developmental disabilities;
            (2) the risk factors associated with victimization of 
        individuals with developmental disabilities;
            (3) the manner in which the justice system responds to 
        crimes against individuals with developmental disabilities; and
            (4) the means by which States may establish and maintain a 
        centralized computer database on the incidence of crimes 
        against individuals with disabilities within a State.
    (c) National Academy of Sciences.--In carrying out this section, 
the Attorney General shall consider contracting with the Committee on 
Law and Justice of the National Research Council of the National 
Academy of Sciences to provide research for the study conducted under 
this section.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report 
describing the results of the study conducted under this section.

SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.

    Not later than 2 years after the date of enactment of this Act, as 
part of each National Crime Victim's Survey, the Attorney General shall 
include statistics relating to--
            (1) the nature of crimes against individuals with 
        developmental disabilities; and
            (2) the specific characteristics of the victims of those 
        crimes.