[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 577 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 577

      To prevent the abuse and exploitation of older individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2011

 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 individuals in the United States 
        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 individuals in the United States 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 individuals in 
        the United States 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 
        individuals 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 OLDER 
              INDIVIDUALS 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 the 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--
            (1) is convicted of a criminal sexual offense against a 
        victim who is an older individual, 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; and
            (2) is 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 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.).
    (c) Reallocation.--Amounts not allocated under the 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) Definitions.--For the purposes of this section--
            (1) the term ``older individual'' means an individual who 
        is 65 years of age or older; and
            (2) the term ``sexually violent predator'' means a person 
        who--
                    (A) has been convicted of a sexually violent 
                offense; and
                    (B) has been diagnosed by a qualified mental health 
                professional as having a mental abnormality or 
                personality disorder that makes the person likely to 
                engage in predatory sexually violent offenses, or has 
                been determined by a court to suffer from such an 
                illness or disorder.

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 shall--
            (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 shall--
            (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 shall 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 set forth in section 21(a) 
of the Sentencing Reform Act of 1987, as though the authority under 
that Act had not expired.
                                 <all>