[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5021 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5021

To restore the Federal civil remedy for crimes of violence motivated by 
                                gender.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Mr. Conyers (for himself, Ms. Baldwin, Mrs. Maloney of New York, Mr. 
  Gephardt, Mrs. Morella, Mr. Frank of Massachusetts, Mr. Berman, Mr. 
    Boucher, Mr. Nadler, Ms. Jackson-Lee of Texas, Mr. Meehan, Mr. 
Delahunt, Mr. Weiner, Mr. Crowley, Ms. Slaughter, Mr. Pomeroy, Mr. Wu, 
 Ms. Schakowsky, Ms. Rivers, Mr. Andrews, Mr. Inslee, Mrs. Lowey, Mrs. 
   Jones of Ohio, Mr. Sanders, Mr. Hinchey, Mr. Wynn, Mr. Stark, Mr. 
Abercrombie, Mr. Baca, Mr. Blagojevich, Mr. Stupak, Ms. Roybal-Allard, 
    Ms. Carson, Mr. Frost, Mr. Brady of Pennsylvania, Mr. Kind, Ms. 
 DeLauro, Mr. Foley, Mr. DeFazio, Mr. Etheridge, Mrs. Meek of Florida, 
Mr. Moore, Mr. Thompson of California, and Mr. Tierney) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To restore the Federal civil remedy for crimes of violence motivated by 
                                gender.

    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 ``Violence Against Women Civil Rights 
Restoration Act of 2000''.

SEC. 2. FEDERAL CIVIL REMEDY FOR CRIMES OF VIOLENCE MOTIVATED BY 
              GENDER.

    Section 40302 of the Violence Against Women Act (42 U.S.C. 13981) 
is amended:
            (1) by amending subsection (c) to read as follows:
    ``(c) Cause of Action.--A person who, in any circumstance described 
in subsection (d), commits a crime of violence motivated by gender and 
thus deprives another of the right declared in subsection (b) shall be 
liable to the party injured, in an action for the recovery of 
compensatory and punitive damages, injunctive and declaratory relief, 
and such other relief as a court may deem appropriate.'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Circumstances.--For purposes of subsection (c), the 
circumstances described in this subsection are that--
            ``(1) in connection with the offense--
                    ``(A) the defendant or the victim travels in 
                interstate or foreign commerce;
                    ``(B) the defendant or the victim uses a facility 
                or instrumentality of interstate or foreign commerce; 
                or
                    ``(C) the defendant employs a firearm, explosive, 
                incendiary device, or other weapon, or a narcotic or 
                drug listed pursuant to section 202 of the Controlled 
                Substances Act, or other noxious or dangerous 
                substance, that has traveled in interstate or foreign 
                commerce;
            ``(2) the offense interferes with commercial or other 
        economic activity in which the victim is engaged at the time of 
        the conduct; or
            ``(3) the offense was committed with intent to interfere 
        with the victim's commercial or other economic activity.''; and
            (4) by inserting after subsection (f) the following:
    ``(g) Discretionary Authority of Attorney General.--Whenever the 
Attorney General has reasonable cause to believe that any State or 
political subdivision of a State, official, employee, or agent thereof, 
or other person acting on behalf of a State or political subdivision of 
a State has discriminated on the basis of gender in the investigation 
or prosecution of gender-based crimes and that discrimination is 
pursuant to a pattern or practice of resistance to investigating or 
prosecuting gender-based crimes, the Attorney General, for or in the 
name of the United States, may institute a civil action in any 
appropriate United States district court against such party for such 
equitable relief as may be appropriate to ensure the elimination of 
such discriminatory practices.''.
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