[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1296 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1296

 To provide enhanced Federal enforcement and assistance in preventing 
          and prosecuting crimes of violence against children.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2007

Mrs. Boxer (for herself, Mr. Biden, and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide enhanced Federal enforcement and assistance in preventing 
          and prosecuting crimes of violence against children.

    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 Children Act of 
2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to data from the National Incident-Based 
        Reporting System, people under the age of 18 make up 
        approximately 26 percent of violent crime victims reported to 
        police, including 70 percent of all reported sexual assaults. 
        Of the victims under the age of 18, approximately 37 percent 
        were under the age of 12.
            (2) According to data from the Bureau of Justice 
        Statistics, people between the ages of 12 and 17 are over 2 
        times more likely to be victims of violent crime than adults.
            (3) According to data from the Bureau of Justice 
        Statistics, only 29 percent of violent crimes against people 
        between ages 12 and 17 are actually reported to police.
            (4) According to data from the Department of Health and 
        Human Services, an estimated 152,600 children were victims of 
        physical abuse in 2004, of which approximately 422 were 
        fatalities.
            (5) Child abuse has long-lasting negative effects upon 
        children and families, including delayed development, 
        depression, substance abuse, and increased likelihood of 
        experiencing or perpetrating domestic violence as an adult.
            (6) Local law enforcement agencies are in need of 
        additional resources to protect and serve the needs of children 
        and families.
            (7) Legal representation, including training requirements 
        for attorneys, guardians ad litem (GAL), and court appointed 
        special advocates (CASA), and caseload restrictions, for 
        children in dependency court varies substantially by State and 
        jurisdiction.
            (8) With an estimated 30,000 gangs operating within the 
        United States, gang violence and drug trafficking remain 
        serious problems throughout the country, causing injury and 
        death to innocent victims, often children.
            (9)(A) On November 13, 2005, a gang-related dispute broke 
        out in San Bernardino, California, and gunfire sprayed an 
        apartment building, killing 11-year-old Mynisha Crenshaw and 
        seriously wounding her 14-year-old sister as they ate Sunday 
        dinner with their family.
            (B) This tragic shooting symbolizes the struggle that so 
        many communities across the United States, like San Bernardino, 
        face in combating gang violence, and serves as a reminder of 
        the nationwide problem of protecting children from senseless 
        violence.
            (10) According to the National Drug Threat Assessment, 
        criminal street gangs are responsible for the distribution of 
        much of the cocaine, methamphetamine, heroin, and other illegal 
        drugs throughout the United States.
            (11) Coordination of Federal resources is needed to reduce 
        gang violence through proven and proactive prevention and 
        intervention programs, including programs that focus on keeping 
        at-risk youth in school and out of the criminal justice system.

       TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN

SEC. 101. ENHANCED PENALTIES.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting at the end the following:
``Sec. 2260A. Violence against children
    ``(a) In General.--Whoever, whether or not acting under color of 
law, in any circumstance described in subsection (b), by force or 
threat of force intentionally causes or attempts to cause serious 
bodily injury to any person under 18 years of age shall be imprisoned 
for any term of years or for life, and fined in accordance with this 
title, if--
            ``(1) death results from the offense; or
            ``(2) the offense includes aggravated assault or attempted 
        aggravated assault, aggravated battery or attempted aggravated 
        battery, robbery or attempted robbery, or an attempt to kill.
    ``(b) Circumstances.--For purposes of subsection (a), the 
circumstances described in this subsection are that--
            ``(1) in the course of the conducts described in subsection 
        (a), the minor or the defendant traveled in or was transported 
        in interstate or foreign commerce;
            ``(2) the conduct described in subsection (a) is done 
        within the special maritime and territorial jurisdiction of the 
        United States; or
            ``(3) in the course of the conduct described in subsection 
        (a) the defendant used a channel, facility, or instrumentality 
        of interstate or foreign commerce.
    ``(c) Serious Bodily Injury.--In this section--
            ``(1) the term `serious bodily injury' means injury 
        involving extreme physical pain or the protracted impairment of 
        a function of a bodily member, organ, or mental faculty, or 
        requiring medical intervention such as surgery, 
        hospitalization, or physical rehabilitation; and
            ``(2) serious bodily injury is deemed to have occurred if 
        the offense involves conduct constituting criminal sexual abuse 
        under section 2241 or 2242 of this title.
    ``(d) Penalties.--An offense under this section shall not preempt 
any offense or penalty under relevant State law.''.
    (b) Amendment to Chapter Analysis.--The chapter analysis for 
chapter 110 of title 18, United States Code, is amended by inserting at 
the end the following:

``2260A. Violence against children.''.
    (c) Enhanced Penalties for Existing Crimes When Committed Against 
Children.--Pursuant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this Act and its purposes, 
the United States Sentencing Commission shall review and amend its 
guidelines and its policy statements to provide enhanced penalties when 
the victim of a Federal crime is under the age of 18.
    (d) GAO Review of State Laws.--Not later than 12 months after the 
date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) review the statutory penalties for crimes against 
        children under State laws and the sentencing practices of the 
        States with respect to those crimes, including whether a State 
        provides enhanced penalties when the victim of the crime is a 
        child; and
            (2) report the findings of the review to Congress.

SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND 
              PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
              OFFICIALS.

    (a) In General.--At the request of a State, Indian tribal 
government, or unit of local government, the Attorney General shall 
provide technical, forensic, prosecutorial, or any other form of 
assistance in the criminal investigation or prosecution of any crime 
that--
            (1) constitutes a crime of violence (as defined in section 
        16 of title 18, United States Code);
            (2) constitutes a felony under the laws of the State or 
        Indian tribe; and
            (3) is committed against a person under 18 years of age.
    (b) Priority.--If the Attorney General determines that there are 
insufficient resources to fulfill requests made pursuant to subsection 
(a), the Attorney General shall give priority to requests for 
assistance to--
            (1) crimes committed by, or believed to be committed by, 
        offenders who have committed crimes in more than 1 State; and
            (2) rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.
    (c) Reporting Requirements.--
            (1) In general.--Every 180 days following the date of 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report on applications for Federal assistance under 
        this Act, and Federal assistance provided under this Act.
            (2) Contents.--Each report under paragraph (1) shall 
        include--
                    (A) a listing of all applications for Federal 
                assistance under this Act during the previous 180 days;
                    (B) a description of each application submitted 
                during the previous 180 days, whether approved, denied, 
                or pending, including the name of the requesting party 
                and the nature of the request for assistance;
                    (C) reasons for approval or denial of each 
                application, and the persons involved in the review and 
                decision-making process for each application; and
                    (D) if Federal assistance was provided, a 
                description of the assistance provided, including the 
                date on which the assistance was provided.

                        TITLE II--GRANT PROGRAMS

SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--The Attorney General shall award grants to assist 
States, Indian tribal governments, and units of local government to 
develop and strengthen effective law enforcement and prosecution of 
crimes against children.
    (b) Purposes.--Grants provided under this section shall provide 
personnel, training, technical assistance, data collection, and other 
equipment for the more widespread apprehension, prosecution, and 
adjudication of persons committing crimes against children, and 
specifically, for the purposes of--
            (1) training law enforcement officers, prosecutors, judges, 
        and other court personnel to more effectively identify and 
        respond to crimes against children;
            (2) developing, training, or expanding units of law 
        enforcement officers, prosecutors, or courts specifically 
        targeting crimes against children;
            (3) developing and implementing more effective police and 
        prosecution policies, protocols, orders, and services 
        specifically devoted to preventing, identifying, and responding 
        to crimes against children;
            (4) developing, installing, or expanding data collection 
        and communication systems, including computerized systems, 
        linking police, prosecutors, and courts for the purpose of 
        identifying and tracking arrests, prosecutions, and convictions 
        for crimes against children;
            (5) encouraging, developing, and strengthening programs, 
        procedures, and policies that enhance cross-collaboration and 
        cross-communication between law enforcement and child services 
        agencies regarding the care, treatment, and services for child 
        victims;
            (6) developing, enlarging, or strengthening programs 
        addressing the needs and circumstances of Indian tribes in 
        dealing with crimes against children; and
            (7) developing, training, or expanding units of law 
        enforcement officers, prosecutors, or courts to investigate and 
        prosecute Internet crimes against children, including increased 
        development and training in the use of forensic methods.
    (c) Application.--
            (1) In general.--Each State, Indian tribal government, or 
        unit of local government that desires a grant under this 
        section shall submit an application to the Attorney General at 
        such time, in such manner, and accompanied by or containing 
        such information as the Attorney General shall reasonably 
        require.
            (2) Requirements.--A State, Indian tribal government, or 
        unit of local government applying for a grant under this 
        section shall--
                    (A) describe--
                            (i) the purposes for which the grant is 
                        needed;
                            (ii) the intended use of the grant funds; 
                        and
                            (iii) the expected results from the use of 
                        grant funds;
                    (B) demonstrate that, in developing a plan to 
                implement the grant, the State, Indian tribal 
                government, or unit of local government has consulted 
                and coordinated with nonprofit, nongovernmental victim 
                services programs that have experience in providing 
                services to victims of crimes against children; and
                    (C) certify that--
                            (i) any Federal funds received under this 
                        section will be used to supplement, not 
                        supplant, non-Federal funds that would 
                        otherwise be available for activities funded 
                        under this section; and
                            (ii) the State, the Indian tribal 
                        government, or the State in which the unit of 
                        local government is located is in compliance 
                        with sections 301 and 302.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of the 
fiscal years 2008 through 2010.

SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS.

    (a) In General.--The Attorney General shall award grants to assist 
States, Indian tribal governments, units of local government, 
universities, and nongovernmental organizations to provide education, 
prevention, intervention, and victims' assistance services regarding 
crimes against children.
    (b) Purposes.--Grants provided under this section shall be used to 
provide education, prevention, and intervention services to prevent 
crimes against children and to provide assistance to children, and the 
families of children, who are victims of crime, including--
            (1) educational seminars;
            (2) the operation of hotlines;
            (3) training programs for professionals;
            (4) the preparation of informational material for education 
        and public awareness;
            (5) multidisciplinary training curricula at accredited 
        schools of law and undergraduate institutions in order to 
        provide a broad and comprehensive foundation for improved 
        intervention and representation of abused and neglected 
        children;
            (6) intervention services to prevent crimes against 
        children;
            (7) other efforts to increase awareness of the facts about, 
        or to help prevent, crimes against children, including efforts 
        to increase awareness in underserved racial, ethnic, and 
        language minority communities;
            (8) emergency medical treatment for victims;
            (9) counseling to victims of crimes against children and 
        their families; and
            (10) increasing the supply of mental health professionals 
        specializing in the mental health of victims of crimes against 
        children.
    (c) Application.--
            (1) In general.--Each State, Indian tribal government, unit 
        of local government, or nongovernmental organization that 
        desires a grant under this section shall submit an application 
        to the Attorney General at such time, in such manner, and 
        accompanied by or containing such information as the Attorney 
        General shall reasonably require.
            (2) Requirements.--A State, Indian tribal government, unit 
        of local government, or nongovernmental organization applying 
        for a grant under this section shall--
                    (A) describe--
                            (i) the purposes for which the grant is 
                        needed;
                            (ii) the intended use of the grant funds; 
                        and
                            (iii) the expected results from the use of 
                        grant funds;
                    (B) demonstrate that, in developing a plan to 
                implement the grant--
                            (i) in the case of a State, Indian tribal 
                        government, or unit of local government, that 
                        the State, Indian tribal government, or unit of 
                        local government has consulted and coordinated 
                        with nonprofit, nongovernmental victim services 
                        programs that have experience in providing 
                        services to victims of crimes against children; 
                        and
                            (ii) in the case of a nongovernmental 
                        organization, that the nongovernmental 
                        organization has experience in providing 
                        education, prevention, or intervention services 
                        regarding crimes against children or has 
                        experience in providing services to victims of 
                        crimes against children; and
                    (C) certify that--
                            (i) any Federal funds received under this 
                        section will be used to supplement, not 
                        supplant, non-Federal funds that would 
                        otherwise be available for activities funded 
                        under this section, provided that the Attorney 
                        General may waive such requirement for 
                        nongovernmental organizations in extraordinary 
                        circumstances; and
                            (ii) the State, the Indian tribal 
                        government, the State in which the unit of 
                        local government is located, or the State in 
                        which the nongovernmental organization will 
                        operate the activities funded under this 
                        section is located, is in compliance with 
                        section 303.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of the 
fiscal years 2008 through 2010.

                     TITLE III--NATIONWIDE PROGRAMS

SEC. 301. IMPROVED STATISTICAL GATHERING.

    Each State receiving grants pursuant to title II shall use, or 
shall be in the process of testing or developing protocols to use, the 
National Incident-Based Reporting System.

SEC. 302. NATIONAL SAFE HAVEN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, each State receiving grants pursuant to title II shall 
have in effect a statute that--
            (1) permits a parent to leave a newborn baby with a 
        medically trained employee of a hospital emergency room 
        anonymously without any criminal or other penalty;
            (2) includes a mechanism to encourage and permit a hospital 
        employee in the receiving hospital to collect information about 
        the medical history of the family subject to the approval of 
        the parent;
            (3) requires law enforcement entities in the State, 
        immediately after relinquishment of a child under paragraph 
        (1), to search State and Federal missing person databases to 
        ensure that the child has not been reported missing; and
            (4) includes a plan for publicizing the State's Safe Haven 
        law.
    (b) Exception.--Notwithstanding subsection (a)(1), a State statute 
in effect pursuant to this section may deny a parent the ability to 
leave a newborn baby anonymously without any criminal or other penalty 
if the newborn baby shows signs of abuse or appears to have been 
intentionally harmed.

SEC. 303. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.

    Not later than 180 days after the date of enactment of this Act, 
each State receiving an allotment for child welfare services under 
subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 
620 et seq.) shall submit to the Secretary of Health and Human Services 
a report detailing the State's program funded under that subpart, 
including the process for maintaining records and verifying the well-
being of the children under the State's care.

SEC. 304. MODEL TRAINING AND CASELOAD STANDARDS.

    (a) Development.--
            (1) Model curriculum and training standards.--The Secretary 
        of Health and Human Services, in conjunction with the Attorney 
        General, shall develop model standards for curriculum and 
        training for individuals who are guardians ad litem, court 
        appointed special advocates, or attorneys ad litem, in child 
        abuse and neglect cases (as defined in section 111 of the Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5106g)). The 
        Secretary of Health and Human Services shall design the 
        standards to improve the quality of representation by, and 
        uniformity of practices of, such individuals, throughout the 
        United States.
            (2) Caseload standards.--The Secretary of Health and Human 
        Services, after consulting with the Attorney General, shall 
        develop caseload standards for the individuals described in 
        paragraph (1).
    (b) Dissemination.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
disseminate the standards developed under paragraphs (1) and (2) of 
subsection (a) to State child welfare agencies receiving assistance 
under subpart 1 of part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.).

                        TITLE IV--MYNISHA'S LAW

SEC. 401. SHORT TITLE.

    This title may be cited as ``Mynisha's Law''.

SEC. 402. FEDERAL COORDINATION AND ASSISTANCE IN PREVENTING GANG 
              VIOLENCE.

    The Attorney General shall establish an interagency task force to 
provide Federal assistance and coordination in preventing gang 
violence.

SEC. 403. DESIGNATION AS A HIGH INTENSITY INTERSTATE GANG AREA.

    (a) In General.--A unit of local government, city, county, tribal 
government, or a group of counties (whether located in 1 or more 
States) may submit an application to the Attorney General for 
designation as a high intensity interstate gang area.
    (b) Criteria.--
            (1) In general.--The Attorney General shall establish 
        criteria for reviewing applications submitted under subsection 
        (a).
            (2) Considerations.--In establishing criteria under 
        subsection (a) and evaluating an application for designation as 
        a high intensity interstate gang area, the Attorney General 
        shall consider--
                    (A) the current and predicted levels of gang crime 
                activity in the area;
                    (B) the extent to which violent crime in the area 
                appears to be related to criminal gang activity;
                    (C) the extent to which the area is already engaged 
                in local or regional collaboration regarding, and 
                coordination of, gang prevention activities;
                    (D) the extent to which an increase in the 
                allocation of Federal resources would enhance local 
                response to the gang crime or gang prevention 
                activities in the area; and
                    (E) such other criteria as the Attorney General 
                determines to be appropriate.

SEC. 404. PURPOSE OF THE TASK FORCE.

    (a) In General.--In order to coordinate Federal assistance to high 
intensity interstate gang areas, the Attorney General shall establish 
an Interagency Gang Prevention Task Force (in this title referred to as 
the ``Task Force''), consisting of a representative from--
            (1) the Department of Justice;
            (2) the Department of Education;
            (3) the Department of Labor;
            (4) the Department of Health and Human Services; and
            (5) the Department of Housing and Urban Development.
    (b) Coordination.--For each high intensity interstate gang area 
designated by the Attorney General under section 403, the Task Force 
shall--
            (1) coordinate the activities of the Federal Government to 
        create a comprehensive gang prevention response, focusing on 
        early childhood intervention, at-risk youth intervention, 
        literacy, employment, and community policing; and
            (2) coordinate its efforts with local and regional gang 
        prevention efforts.
    (c) Programs.--The Task Force shall prioritize the needs of high 
intensity interstate gang areas for funding under--
            (1) the Child Care and Development Block Grant Act of 1990 
        (42 U.S.C. 9858 et seq.);
            (2) the Even Start programs under subpart 3 of part B of 
        title I of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6381 et seq.);
            (3) the Healthy Start Initiative under section 330H of the 
        Public Health Services Act (42 U.S.C. 254c-8);
            (4) the Head Start Act (42 U.S.C. 9831 et seq.);
            (5) the 21st Century Community Learning Centers program 
        under part B of title IV of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7171 et seq.);
            (6) the Job Corps program under subtitle C of title I of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
            (7) the community development block grant program under 
        title I of the Housing and Community Development Act of 1974 
        (42 U.S.C. 5301 et seq.);
            (8) the Gang Resistance Education and Training projects 
        under subtitle X of title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13921);
            (9) any program administered by the Office of Community 
        Oriented Policing Services;
            (10) the Juvenile Accountability Block Grant program under 
        part R of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3796ee et seq.);
            (11) the Edward Byrne Memorial Justice Assistance Grant 
        Program under subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
        seq.); and
            (12) any other program that the Task Force determines to be 
        appropriate.
    (d) Reporting Requirements.--
            (1) In general.--Not later than February 1 of each year, 
        the Task Force shall submit to Congress and the Attorney 
        General a report on the funding needs and programmatic outcomes 
        for each area designated as a high intensity interstate gang 
        area.
            (2) Contents.--Each report under paragraph (1) shall 
        include--
                    (A) an evidence-based analysis of the best 
                practices and outcomes among the areas designated as 
                high intensity interstate gang areas; and
                    (B) an analysis of the adequacy of Federal funding 
                to meet the needs of each area designated as a high 
                intensity interstate gang area and, if the Task Force 
                identifies any programmatic shortfalls in addressing 
                gang prevention, a request for new funding or 
                reprogramming of existing funds to meet such 
                shortfalls.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to meet any needs identified in any report submitted under section 
404(d)(1).

                  TITLE V--SCHOOL SAFETY ENHANCEMENTS

SEC. 501. GRANT PROGRAM FOR SCHOOL SECURITY.

    Section 2701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting 
                ``surveillance,'' after ``detectors,'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) The establishment of hotlines or tiplines for the 
        reporting of potentially dangerous students and situations.'';
                    (C) by redesignating paragraph (5) as paragraph 
                (6); and
                    (D) by inserting after paragraph (4) the following:
            ``(5) Capital improvements to make school facilities more 
        secure.'';
            (2) by striking subsection (d)(1) and inserting the 
        following:
            ``(1) Notwithstanding section 1701(g), the Federal share of 
        the costs of a program provided by a grant under subsection (a) 
        shall be 80 percent of the total of such costs. The non-Federal 
        share of such costs shall be 20 percent of such costs.''; and
            (3) by adding at the end the following:
    ``(g) Interagency Task Force.--Not later than 60 days after the 
date of enactment of the School Safety Enhancements Act of 2007, the 
Director and the Secretary of Education, or the designee of the 
Secretary, shall establish an interagency task force to develop and 
promulgate a set of advisory school safety guidelines. The advisory 
school safety guidelines shall be published in the Federal Register by 
not later than June 1, 2008.''.

SEC. 502. APPLICATIONS.

    Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
            ``(2) be accompanied by a report, signed by the chief 
        education officer and the attorney general or other chief legal 
        officer of the State, unit of local government, or Indian 
        tribe, demonstrating that each proposed use of the grant funds 
        will be--
                    ``(A) an effective means for improving the safety 
                of 1 or more schools;
                    ``(B) consistent with a comprehensive approach to 
                preventing school violence; and
                    ``(C) individualized to the needs of each school at 
                which those improvements are to be made.''.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    Section 2705 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000'' and 
inserting ``$50,000,000''.
                                 <all>