[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1374 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1374

      To prevent the abuse and exploitation of older individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2009

 Mr. Chandler introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To prevent the abuse and exploitation of older individuals.

    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 ``Elder Abuse Prevention Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The number of older Americans who are abused, 
        neglected, or exploited is increasing, and a large percentage 
        of elder abuse cases are not reported to Federal and State law 
        enforcement authorities.
            (2) The number of Americans aged 65 and older is projected 
        to increase exponentially in the coming years, and many of 
        these valued citizens will begin to constitute a vulnerable 
        population at increased risk of abuse and exploitation in 
        domestic and community-based settings.
            (3) The projected increase in the number of Americans aged 
        65 and over is expected to result in a corresponding increase 
        in the number of cases of elder abuse, which suggests an urgent 
        need for comprehensive consideration of means by which such 
        abuse can be prevented, reported, and prosecuted by Federal and 
        State authorities.
            (4) Violent, physical, and sexual assaults upon older 
        Americans are particularly abhorrent and should be prosecuted 
        vigorously by Federal and State law enforcement authorities. 
        Such acts should be deterred by appropriate penalties including 
        enhanced penalties and the elimination of parole for 
        individuals convicted of violent sexual offenses against the 
        elderly.

SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST THE ELDERLY OR 
              FOR SEXUALLY VIOLENT PREDATORS.

    (a) In General.--For each fiscal year after the expiration of the 
period specified in subsection (b)(1) in which a State receives funds 
for a program referred to in subsection (b)(2), the State shall have in 
effect throughout the State laws and policies that prohibit parole for 
any individual who is--
            (1) convicted of a criminal sexual offense against a victim 
        who is elderly, which shall include any such offense under 
        State law for conduct that would constitute an offense under 
        chapter 109A of title 18, United States Code, had the conduct 
        occurred in the special maritime and territorial jurisdiction 
        of the United States or in a Federal prison; or
            (2) a sexually violent predator.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act to comply with 
        subsection (a), except that--
                    (A) the Attorney General may grant an additional 2 
                years to a State that is making good faith efforts to 
                comply with such subsection; and
                    (B) the Attorney General shall waive the 
                requirements of subsection (a) if compliance with such 
                subsection by a State would be unconstitutional under 
                the constitution of such State.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to comply with subsection (a) shall not receive 10 
        percent of the funds that would otherwise be allocated for that 
        fiscal year to the State 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.), whether characterized as the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
    (c) Reallocation.--Amounts not allocated under a program referred 
to in subsection (b)(2) to a State for failure to fully comply with 
subsection (a) shall be reallocated under that program to States that 
have not failed to comply with such subsection.
    (d) Definition.--For the purposes of this section, the term 
``sexually violent predator'' means a person who has been convicted of 
a sexually violent offense and who suffers from a mental abnormality or 
personality disorder that makes the person likely to engage in 
predatory sexually violent offenses.

SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.

    (a) Request for Immediate Consideration by the United States 
Sentencing Commission.--Pursuant to its authority under section 994(p) 
of title 28, United States Code, and in accordance with this section, 
the United States Sentencing Commission is requested to--
            (1) promptly review the sentencing guidelines applicable to 
        sexual offenses committed against the elderly;
            (2) expeditiously consider the promulgation of new 
        sentencing guidelines or amendments to existing sentencing 
        guidelines to provide an enhancement for such offenses; and
            (3) submit to Congress an explanation of actions taken by 
        the Sentencing Commission pursuant to paragraph (2) and any 
        additional policy recommendations the Sentencing Commission may 
        have for combating offenses described in paragraph (1).
    (b) Considerations in Review.--In carrying out this section, the 
Sentencing Commission is requested to--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of such offenses and the 
        need for aggressive and appropriate law enforcement action to 
        prevent such offenses;
            (2) assure reasonable consistency with other relevant 
        directives and with other guidelines;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the sentencing guidelines currently provide sentencing 
        enhancements;
            (4) make any necessary conforming changes to the sentencing 
        guidelines; and
            (5) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
    (c) Emergency Authority and Deadline for Commission Action.--The 
United States Sentencing Commission is requested to promulgate the 
guidelines or amendments provided for under this section as soon as 
practicable, and in any event not later than the 180 days after the 
date of enactment of this Act, in accordance with the procedures sent 
forth in section 21(a) of the Sentencing Reform Act of 1987, as though 
the authority under that Act had not expired.
                                 <all>