[Congressional Record Volume 141, Number 188 (Tuesday, November 28, 1995)]
[Senate]
[Pages S17666-S17667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1427. A bill to improve the national crime database and create a 
Federal cause of action for early release of violent felons; to the 
Committee on the Judiciary.


               THE VIOLENT CRIME INTERVENTION ACT OF 1995

  Mr. DORGAN. Mr. President, I rise today to introduce legislation that 
will fill the void in the Federal response to the Nation's crime 
epidemic by putting violent offenders in jail and keeping them there.
  Probably all of us have seen reference in the papers these days that 
crime is down. According to the statistics by the FBI, there is a 
slight decrease in crime in our country. That ought not give anyone 
great comfort, in my judgment, because the slight decrease comes from 
an extraordinarily high rate of crime in our country.
  A violent crime occurs every 17 seconds in America; a rape occurs 
every 5 minutes; a robbery, every 51 seconds; a murder every 23 
minutes.
  We have a country that is, presumably, a civilized nation full of 
wonderful people--with 23,000 murders every year. So no one should take 
great solace in the fact that the FBI or someone else says the crime 
rate is down slightly. It is at an extraordinarily high level, and 
represents an epidemic of crime that we must deal with.
  Crime no longer is limited to specific neighborhoods, cities, or 
States. It is a national epidemic, and the criminal justice system of 
each State often affects citizens of other states. My legislation, the 
Violent Crime Intervention Act of 1995, addresses two aspects of this 
problem that on which the Federal Government must show leadership.
  First, the bill will make it a national priority to put into 
operation a complete, accurate, and up-to-date nationwide database of 
criminal records. Currently, the Federal Bureau of Investigation's 
interstate identification index--the triple-I--provides more than 
75,000 criminal record checks every day, but the information it 
provides is incomplete and, therefore, unreliable. In fact, only 30 
States currently participate in this system.
  The bill will help to complete a national database of violent 
criminals. Last year's crime bill appropriated $100 million for fiscal 
year 1995 to help states establish or improve their criminal databases 
under the Brady law. It also authorized another $50 million for this 
same purpose for fiscal years 1996 and 1997. Under my legislation, 
every State must set up a criminal record database within 2 years that 
is connected to the Triple-I and that provides accurate information 
about that State's criminals.
  States that do not comply with these provisions would not be shut off 
from using the Triple-I system. That could hurt law enforcement. 
However, they would have to pay a fee each time they use the system 
until they contribute their own complete and up-to-date records.
  It does not take Dick Tracy to figure out who is going to commit the 
next murder, or the next violent crime. You can almost bet that the 
next violent crime in America committed in the next 45 seconds or so 
will be committed by someone who has committed violent crimes in the 
past. You can almost guarantee it. That is why it is critical for us to 
know who has committed previous crimes.
  I will mention a personal story. My mother was a victim of a 
manslaughter incident some years ago. She was tragically killed in a 
circumstance in which those who were involved had criminal records. As 
I looked at those criminal records, I saw something curious. I saw that 
a judge with respect to one of the people involved had sentenced him to 
the State penitentiary once for a crime. He was picked up again when he 
was out on probation, was sent back to court--and the judge said, 
``Well, OK. On the second offense you get probation.''
  I called the judge. I said, ``Why would you give probation on a 
second offense?''
  He said, ``Because I did not know the person committed the first 
offense.''
  I said, ``You are kidding me. This defendant stands in front of you, 
a defendant who has been in State penitentiary, and you did not know 
that when you sentenced the defendant for the second offense?''
  He said, ``I had no idea.''
  Computer records even between jurisdictions in the same State were 
not then available to give the judge that basic information.
  It does not make any sense what is going on. Michael Jordan's father 
was murdered allegedly by two people on a road in the Carolinas. Take a 
look at their records. The two people who allegedly killed Michael 
Jordan's father--both of them--had long criminal histories. And I will 
bet, if you access the triple-I, you will not find half of their 
criminal histories.
  Second, my bill will provide a strong incentive for States to keep 
their violent criminals locked up for the criminal's full sentence. 
Last year's crime bill offered Federal crime-fighting funds to States 
that keep violent criminals locked up for at least 85 percent of their 
sentences. Surely we can do better than that.
  Under my legislation, a State will be liable to victims of violent 
crimes committed by criminals the State released early from a sentence 
for a previous violent crime. A State could avoid liability only if the 
State required all violent criminals to serve their full sentences.
  It occurred to me that we ought to do this because of a wonderful 
woman named Donna Martz who was murdered. She used to come to the 
Capitol steps and bring bus tours from North Dakota. I used to see her 
most every year and visit with her. She was murdered about 2 years ago 
by a couple of people who were convicted of violent crimes in 
Pennsylvania, and then they went to North Dakota, and abducted Donna 
Martz. The story is too violent 

[[Page S 17667]]
and awful even to retell. They took her through several States, and 
eventually brutally murdered her out in the desert of the West.
  My point is this. Someone who is convicted in the State for a violent 
crime ought to serve their entire sentence. If a State decides for its 
own reasons that this violent criminal shall be let out before a 
sentence is ended, then I think that the State ought to be liable to 
the next victim or to the next victim's family. If that violent 
criminal is let out early and commits another violent act during the 
time when they should have been in a prison, make the State liable for 
its decision. That is the second part of my legislation. Clearly, the 
States will not like this.
  States simply must keep known, violent offenders behind bars for 
their full sentence--or face the consequences of the State's decision 
to release these criminals. It is time for States to take 
responsibility for the horrible suffering and fear they can foster by 
prematurely releasing violent criminals.
  These issues are of national concern and we can deal with them if the 
Federal and State governments make a concerted effort to keep violent 
offenders behind bars for their full sentences.
  Mr. President, I ask unanimous consent that the text of my bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1427

       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 ``Violent Crime Intervention 
     Act of 1995''.

                TITLE I--NATIONAL CRIME RECORDS DATABASE

     SEC. 101. FINDINGS.

       The Congress finds that--
       (1) nationwide--
       (A) many State criminal record systems are not up to date 
     and contain incomplete or incorrect information; and
       (B) less than 20 percent of all criminal records are fully 
     computerized, include court dispositions, and are accessible 
     through the Interstate Identification Index of the Department 
     of Justice; and
       (2) a complete and accurate nationwide criminal record 
     database is an essential element in fighting crime and 
     development of such a database is a national priority.

     SEC. 102. STATE CRIMINAL RECORD UPGRADES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General of the United 
     States shall issue guidelines establishing specific 
     requirements for a State to qualify as a fully participating 
     member of the Interstate Identification Index.
       (b) Minimum Requirements.--The guidelines referred to in 
     subsection (a) shall require--
       (1) that all arrest reports and final disposition orders 
     are submitted to the State records repository within 7 days;
       (2) the State repository to enter these records and orders 
     into the State database not more than 24 hours after the 
     repository receives the information;
       (3) the State to conduct audits, at least annually, of 
     State criminal records to ensure that such records contain 
     correct and complete information about every felony arrest 
     and report the results of each audit to the Attorney General 
     of the United States;
       (4) the State to certify to the Attorney General of the 
     United States, on January 1 of each year, that the law 
     enforcement agencies, courts, and records officials of the 
     State are in compliance with this section; and
       (5) such other conditions as the Attorney General 
     determines are necessary.
       (c) Limitations on Use of Files.--The Attorney General may 
     establish limitations on the purposes for which the 
     Interstate Identification Index may be used and may allow a 
     State to prohibit the use of information provided by the 
     State for searches unrelated to law enforcement.
       (d) Fees.--A State that does not qualify as a fully 
     participating State, pursuant to the guidelines referred to 
     in subsection (a), within 2 years after the date on which the 
     Attorney General of the United States issues such 
     guidelines shall pay a user fee for each identification 
     request made to the Interstate Identification Index in an 
     amount equal to the average cost of a single Federal 
     database inquiry, as determined by the Attorney General 
     each year.

        TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS

     SEC. 201. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) violent criminals often serve only a small portion of 
     their original sentences;
       (2) a significant proportion of the most serious violent 
     crimes committed in the United States are committed by 
     criminals who have been released early from a sentence for a 
     previous violent crime;
       (3) violent criminals who are released early from prison 
     often travel to other States to commit additional violent 
     crimes;
       (4) the crime and threat of crime committed by violent 
     criminals released early from prison affects tourism, 
     economic development, use of the interstate highway system, 
     federally owned or supported facilities, and other commercial 
     activities of individuals; and
       (5) the policies of one State regarding the early release 
     of criminals sentenced in that State for a violent crime 
     often affect the citizens of other States, who can influence 
     those policies only through Federal law.
       (b) Purpose.--The purpose of this title is to reduce 
     violent crime by requiring States to bear the responsibility 
     for the consequences of releasing violent criminals before 
     they serve the full term for which they were sentenced.

     SEC. 202. CAUSE OF ACTION.

       (a) In General.--The victim (or in the case of a homicide, 
     the family of the victim) of a violent crime shall have a 
     Federal cause of action in any district court against a State 
     if the individual committing the crime--
       (1) had previously been convicted by the State of a violent 
     offense;
       (2) was released prior to serving his or her full sentence 
     for such offense; and
       (3) committed the violent crime before the original 
     sentence would have expired.
       (b) Definition.--As used in this title, the term ``crime of 
     violence'' has the same meaning as in section 16 of title 18, 
     United States Code.
       (c) Damages.--A State shall be liable to the victim in an 
     action brought under this title for the actual damages 
     (direct and indirect) resulting from the violent crime, but 
     not for punitive damages.
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