[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5536 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5536

 To encourage States to provide for enhanced sentencing penalties for 
  persons convicted of committing, or attempting to commit, an act of 
          domestic violence in the presence of minor children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

 Ms. Jackson Lee introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To encourage States to provide for enhanced sentencing penalties for 
  persons convicted of committing, or attempting to commit, an act of 
          domestic violence in the presence of minor 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 ``Domestic Violence Enhanced Penalty 
Act of 2014'' or as ``Candace's Law''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Approximately 1 in 4 women will experience domestic 
        violence during her lifetime and every year, 1 in 3 women who 
        is a victim of homicide is murdered by her current or former 
        partner.
            (2) Every year, more than 3 million children witness 
        domestic violence in their homes and children who live in homes 
        where there is domestic violence also suffer abuse or neglect 
        at high rates.
            (3) Children are more likely to intervene when they witness 
        severe violence against a parent, which places them at great 
        risk for injury or even death.
            (4) Girls who witness domestic violence are more vulnerable 
        to abuse as teens and adults and boys who witness domestic 
        violence are more likely to become adult abusers of their 
        partners, their children, or both, thus continuing the cycle of 
        violence in the next generation.
            (5) Most domestic violence incidents are never reported.
            (6) Family members, close friends, co-workers, and other 
        persons close to a victim of domestic violence frequently 
        observe things that lead to them to suspect that their loved 
        one or colleague is being abused but do not feel they possess 
        the knowledge and skills needed to provide constructive 
        assistance that can make a real difference in the life of the 
        victim.
            (7) Domestic violence costs the national economy more than 
        $37 billion a year in law enforcement involvement, legal work, 
        medical and mental health treatment, and lost productivity.

SEC. 3. INCENTIVE FOR STATES TO ENACT ENHANCED SENTENCING PROVISIONS 
              FOR PERSONS CONVICTED OF COMMITTING ACT OF DOMESTIC 
              VIOLENCE IN THE PRESENCE OF A MINOR CHILD.

    (a) In General.--For each fiscal year after the expiration of the 
period of implementation specified in subsection (b), a State shall 
provide by law enhanced sentencing provisions for persons convicted of 
committing, or attempting to commit, an act of domestic violence in the 
presence of minor children.
    (b) Period for Implementation by States.--
            (1) Deadline.--Each State shall implement this section 
        before 2 years after the date of the enactment of this Act.
            (2) Extensions.--The Attorney General may authorize up to 
        one 1-year extension of the deadline in paragraph (1).
    (c) Failure of State To Comply.--
            (1) In general.--For any fiscal year after the end of the 
        period for implementation under subsection (b), a State that 
        fails, as determined by the Attorney General, to substantially 
        implement this section shall not receive 20 percent of the 
        funds that would otherwise be allocated for that fiscal year to 
        the State under the Violence Against Women Act of 2000.
            (2) State constitutionality.--
                    (A) In general.--When evaluating whether a State 
                has substantially implemented this section, the 
                Attorney General shall consider whether the State is 
                unable to substantially implement this section because 
                of a demonstrated inability to implement certain 
                provisions that would place the State in violation of 
                its constitution, as determined by a ruling of the 
                State's highest court.
                    (B) Efforts.--If the circumstances arise under 
                subparagraph (A), then the Attorney General and the 
                State shall make good faith efforts to accomplish 
                substantial implementation of this section and to 
                reconcile any conflicts between this section and the 
                State's constitution. In considering whether compliance 
                with the requirements of this section would likely 
                violate the State's constitution or an interpretation 
                thereof by the State's highest court, the Attorney 
                General shall consult with the chief executive and 
                chief legal officer of the State concerning the State's 
                interpretation of the State's constitution and rulings 
                thereon by the State's highest court.
                    (C) Alternative procedures.--If the State is unable 
                to substantially implement this section because of a 
                limitation imposed by the State's constitution, the 
                Attorney General may determine that the State is in 
                compliance with this Act if the State has implemented, 
                or is in the process of implementing, reasonable 
                alternative procedures or accommodations that are 
                consistent with the purposes of this Act.
                    (D) Funding reduction.--If a State does not comply 
                with subparagraph (C), then the State shall be subject 
                to a funding reduction as specified in paragraph (1).
            (3) Reallocation.--Amounts not allocated 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.) to a State for failure to 
        substantially implement this section shall be reallocated under 
        such subpart to States that have not failed to substantially 
        implement this section or may be reallocated to a State from 
        which they were withheld to be used solely for the purpose of 
        implementing this section.
    (d) Definition of State.--In this section the term ``State'' shall 
have the meaning given such term in section 901(a) of Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.).
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