[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 668 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 668

  To encourage States to incarcerate individuals convicted of murder, 
                      rape, or child molestation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 1999

 Mr. Santorum introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To encourage States to incarcerate individuals convicted of murder, 
                      rape, or child molestation.

    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 ``Aimee's Law''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Dangerous sexual offense.--The term ``dangerous sexual 
        offense'' means sexual abuse or sexually explicit conduct 
        committed by an individual who has attained the age of 18 years 
        against an individual who has not attained the age of 14 years.
            (2) Murder.--The term ``murder'' has the meaning given that 
        term in section 1111 of title 18, United States Code.
            (3) Rape.--The term ``rape'' means any conduct constituting 
        unlawful sexual intercourse with another individual without the 
        consent of such other individual.
            (4) Sexual abuse.--The term ``sexual abuse'' has the 
        meaning given that term in section 3509 of title 18, United 
        States Code.
            (5) Sexual contact.--The term ``sexual contact'' has the 
        meaning given that term in section 2246 of title 18, United 
        States Code.
            (6) Sexually explicit conduct.--The term ``sexually 
        explicit conduct'' has the meaning given that term in section 
        2256 of title 18, United States Code.

SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN 
              RELEASED FELONS.

    (a) Penalty.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which a State convicts an individual of murder, rape, or a 
        dangerous sexual offense, who has a prior conviction for any 1 
        of those offenses in another State, the Attorney General shall 
        transfer an amount equal to the costs of incarceration, 
        prosecution, and apprehension of that individual, from Federal 
        law enforcement assistance funds that have been allocated to 
        but not distributed to the State that convicted such individual 
        of the prior offense, to the State account that collects 
        Federal law enforcement assistance funds of the State that 
        convicted that individual of the subsequent offense.
            (2) Multiple states.--In any case in which a State convicts 
        an individual of murder, rape, or a dangerous sexual offense, 
        who has a prior conviction for any 1 or more of those offenses 
        in more than 1 other State, the Attorney General shall transfer 
        an amount equal to the costs of incarceration, prosecution, and 
        apprehension of that individual, from Federal law enforcement 
        assistance funds that have been allocated to but not 
        distributed to each State that convicted such individual of the 
        prior offense, to the State account that collects Federal law 
        enforcement assistance funds of the State that convicted that 
        individual of the subsequent offense.
    (b) State Applications.--In order to receive an amount transferred 
under subsection (a), the chief executive of a State shall submit to 
the Attorney General an application, in such form and containing such 
information as the Attorney General may reasonably require, which shall 
include a certification that the State has convicted an individual of 
murder, rape, or a dangerous sexual offense, who has a prior conviction 
for 1 of those offenses in another State.
    (c) Source of Funds.--Any amount transferred under subsection (a) 
shall be derived by reducing the amount of Federal law enforcement 
assistance funds received by the State that convicted such individual 
of the prior offense before the distribution of the funds to the State. 
The Attorney General, in consultation with the chief executive of the 
State that convicted such individual of the prior offense, shall 
establish a payment schedule.
    (d) Construction.--Nothing in this section may be construed to 
diminish or otherwise affect any court ordered restitution.
    (e) Exception.--This section does not apply if an individual 
convicted of murder, rape, or a dangerous sexual offense has escaped 
prison and subsequently been convicted for an offense described in 
subsection (a).

SEC. 4. COLLECTION OF RECIDIVISM DATA.

    (a) In General.--Beginning with calendar year 1999, and each 
calendar year thereafter, the Attorney General shall collect and 
maintain information relating to, with respect to each State--
            (1) the number of convictions during that calendar year for 
        murder, rape, and any sex offense in the State in which, at the 
        time of the offense, the victim had not attained the age of 14 
        years and the offender had attained the age of 18 years; and
            (2) the number of convictions described in paragraph (1) 
        that constitute second or subsequent convictions of the 
        defendant of an offense described in that paragraph.
    (b) Report.--Not later than March 1, 2000, and on March 1 of each 
year thereafter, the Attorney General shall submit to Congress a 
report, which shall include--
            (1) the information collected under subsection (a) with 
        respect to each State during the preceding calendar year; and
            (2) the percentage of cases in each State in which an 
        individual convicted of an offense described in subsection 
        (a)(1) was previously convicted of another such offense in 
        another State during the preceding calendar year.
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