[Congressional Record Volume 144, Number 92 (Monday, July 13, 1998)]
[Senate]
[Pages S8082-S8084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CRIME VICTIMS WITH DISABILITIES AWARENESS ACT
Mr. ALLARD. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 438, S. 1976.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S. 1976) to increase public awareness of the plight
of victims of crime with developmental disabilities, to
collect data to measure the magnitude of the problem, and to
develop strategies to address the safety and justice needs of
victims of crime with developmental disabilities.
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee
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on the Judiciary, with an amendment to strike all after the enacting
clause and inserting in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Victims With
Disabilities Awareness Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) although research conducted abroad demonstrates that
individuals with developmental disabilities are at a 4 to 10
times higher risk of becoming crime victims than those
without disabilities, there have been no significant studies
on this subject conducted in the United States;
(2) in fact, the National Crime Victim's Survey, conducted
annually by the Bureau of Justice Statistics of the
Department of Justice, does not specifically collect data
relating to crimes against individuals with developmental
disabilities;
(3) studies in Canada, Australia, and Great Britain
consistently show that victims with developmental
disabilities suffer repeated victimization because so few of
the crimes against them are reported, and even when they are,
there is sometimes a reluctance by police, prosecutors, and
judges to rely on the testimony of a disabled individual,
making individuals with developmental disabilities a target
for criminal predators;
(4) research in the United States needs to be done to--
(A) understand the nature and extent of crimes against
individuals with developmental disabilities;
(B) describe the manner in which the justice system
responds to crimes against individuals with developmental
disabilities; and
(C) identify programs, policies, or laws that hold promises
for making the justice system more responsive to crimes
against individuals with developmental disabilities; and
(5) the National Academy of Science Committee on Law and
Justice of the National Research Council is a premier
research institution with unique experience in developing
seminal, multidisciplinary studies to establish a strong
research base from which to make public policy.
(b) Purposes.--The purposes of this Act are--
(1) to increase public awareness of the plight of victims
of crime who are individuals with developmental disabilities;
(2) to collect data to measure the extent of the problem of
crimes against individuals with developmental disabilities;
and
(3) to develop a basis to find new strategies to address
the safety and justice needs of victims of crime who are
individuals with developmental disabilities.
SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
In this Act, the term ``developmental disability'' has the
meaning given the term in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001).
SEC. 4. STUDY.
(a) In General.--The Attorney General shall conduct a study
to increase knowledge and information about crimes against
individuals with developmental disabilities that will be
useful in developing new strategies to reduce the incidence
of crimes against those individuals.
(b) Issues Addressed.--The study conducted under this
section shall address such issues as--
(1) the nature and extent of crimes against individuals
with developmental disabilities;
(2) the risk factors associated with victimization of
individuals with developmental disabilities;
(3) the manner in which the justice system responds to
crimes against individuals with developmental disabilities;
and
(4) the means by which States may establish and maintain a
centralized computer database on the incidence of crimes
against individuals with disabilities within a State.
(c) National Academy of Sciences.--In carrying out this
section, the Attorney General shall consider contracting with
the Committee on Law and Justice of the National Research
Council of the National Academy of Sciences to provide
research for the study conducted under this section.
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the Senate and the House
of Representatives a report describing the results of the
study conducted under this section.
SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.
Not later than 2 years after the date of enactment of this
Act, as part of each National Crime Victim's Survey, the
Attorney General shall include statistics relating to--
(1) the nature of crimes against individuals with
developmental disabilities; and
(2) the specific characteristics of the victims of those
crimes.
Mr. LEAHY. Mr. President, I was delighted to join with Senator DeWine
during National Crime Victims Rights Week in April to introduce S.
1976, the Crime Victims with Disabilities Awareness Act. I was glad to
welcome Senator Kennedy, Senator Hatch, Senator Kohl, Senator
Feinstein, and Senator Abraham as cosponsors.
I have been overwhelmed by the positive response and broad support
that our bill has received. I have, and will include in the record, a
letter of support signed by over 50 groups, including the National
Association of Developmental Disabilities Council's the National
Alliance for the Mentally Ill, the National Association of State
Directors of Special Education, the National Center of Hearing
Disabilities, the American Association of Health and Disability, and
many, many others.
In order to move this bill through the Judiciary Committee, Senator
DeWine and I are agreeing to a substitute amendment to the Crime
Victims With Disabilities Awareness Act. The substitute eliminates the
specific authorization for the research funding and would, instead,
leave it up to the Department of Justice to allocate money for this
research. Although I preferred our original bill and regret having to
eliminate the specific authorization that was at the heart of our
original proposal, I was prepared to accept the amendment in order to
achieve progress on this important front in our efforts better to
assist and serve victims of crime.
The bill being considered by the Senate would have the Department of
Justice conduct research which will increase public awareness of the
victimization of individual with developmental disabilities,
understanding of the nature and extent of such crimes, and examine the
means by which States may establish and maintain a database on the
incident of crime against individuals with disabilities.
The need for this research is abundantly clear. Studies conducted
abroad have found that individuals with disabilities are four to 10
times more likely to be a victim than individuals without disabilities.
One Canadian study found that 67 percent of women with disabilities
were physically or sexually assaulted as children.
This bill also directs the Attorney General to utilize statistics
gathered from studies by the Department for inclusion in the National
Crime Victims Survey.
I said in April that it is important that we focus attention on the
needs and rights of crime victims not only during National Crime
Victims Rights Week, but throughout the year. For the past several
years, I have worked hard with others to make improvements in the law
and provide greater assistance to victims of crime.
My involvement with crime victims rights began more than three
decades ago when I served as State's Attorney for Chittenden County,
Vermont, and witnessed first-hand the devastation of crime. I have
worked ever since to ensure that the criminal justice system is one
that respects the rights and dignity of victims of crime and domestic
violence, rather than presents additional ordeals for those already
victimized.
Over the last 20 years we have made strides in recognizing crime
victims' rights and providing much needed assistance. I am proud to
have played a role in passage of the Victims and Witnesses Protection
Act of 1983, the Victims of Crime Act of 1984, and the Victims' Rights
and Restitution Act of 1990 and the other improvements we have been
able to make.
In the Violent Crime Control Act of 1994, Congress acted to ensure a
right of allocution of victims of crimes of violence or sexual abuse
and to make tens of millions of dollars available to crime victims. No
amount of money can make up for the harm and trauma of being the victim
of crime, but we should do all that we can to see that victims are
assisted, compensated and treated with dignity by the criminal justice
system.
I was the author of the Victims of Terrorism Act that passed the
Senate the wake of the Oklahoma City bombing and became the basis for
the Justice for Victims of Terrorism Act signed into law in April 1996.
We are able to make funds available through supplemental grants to the
States to assist and compensate victims of terrorism and mass violence,
which incidents might otherwise have overwhelmed the resources of
Oklahoma's crime victims compensation program or its victims assistance
services.
We also filled a gap in our law for residents of the United States
who are victims of terrorism and mass violence that occur outside the
borders of the United States. In addition, we allowed greater
flexibility to our State and local victims' assistance programs and
some greater certainly so that they can know that our commitments to
victims programming will not wax and wane with events. And we were able
to raise the assessments on those convicted of federal crimes in order
to fund the needs of crime victims.
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Last year, I cosponsored the Victim Rights Clarification Act of 1997.
That legislation reversed a presumption against crime victims observing
the fact phase of a trial if they were likely to provide testimony
during the sentencing phase of that trial. As a result of that
legislation, not only were victims of the Oklahoma City bombing able to
observe the trial of Timothy McVeigh, all those who were able to
witness the trial and were called as witnesses to provide victim impact
testimony at the sentencing phase of that trial, were able to do so.
The Crime Victims Assistance Act, S. 1081, is legislation that I
introduced this past July with Senator Kennedy. It builds upon the
progress made over the last several years. It provides for a wholesale
reform of the Federal Rules and Federal law to establish additional
rights and protections for victims of federal crime.
This bill would provide crime victims with an enhanced right to be
heard on the issue of pretrial detention and plea bargains, an enhanced
right to a speedy trial and to be present in the courtroom throughout a
trial, an enhanced right to be heard on probation revocation and to
give a statement at sentencing, and the right to be notified of a
defendant's escape or release from prison.
The Crime Victims Assistance Act would also strengthen victims'
services by increasing Federal victim assistance personnel, enhancing
training for State and local law enforcement and Officers of the Court,
and establishing an ombudsman program for crime victims.
With a simple majority of both Houses of Congress, the Crime Victims
Assistance Act could be enacted this year and we could mark a
significant and immediate difference in the lives of victims throughout
our country. I hope that the Senate will turn to this important
measure, as well, in our efforts to assist victims of crime.
One unfortunate consequence of the effort to focus attention on
proposals to amend the Constitution has been to dissipate efforts to
enact effective victims rights legislation over the past two years. The
momentum we had built over the last several years has been dissipated
by this constitutional focus and exclusion of statutory reform.
While we have made great improvements in our law enforcement and
crime victims assistance programs and have made advances in recognizing
crime victims' rights, we still have work to do. Each year I try to
help focus attention on those who work so hard every week of the year
on behalf of all crime victims in crime victims' assistance and
compensation programs. Their hard work and dedication have made a real
difference in the lives of people who suffer from violence and abuse.
The needs of victims of crime are many and must be addressed in a
number of ways, including strengthening law enforcement and education,
improving and increasing services for victims, and protecting the
rights of victims. I am hopeful that in the days to come, the research
directed by the Crime Victims with Disabilities Awareness Act will
serve as the foundation for the growth and improvement of services
available to victims with disabilities throughout our country.
Mr. ALLARD. Mr. President, I ask unanimous consent that the committee
substitute be agreed to, the bill be considered read a third time and
passed, the motion to reconsider be laid upon the table, and that any
statements relating to the bill appear in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 1976), as amended, was considered read the third time
and passed.
Mr. DeWINE. Mr. President, I rise today to compliment my colleagues
for the unanimous passage of the Crime Victims with Disabilities
Awareness Act of 1998. When I introduced this legislation, S. 1976, I
wanted to increase public awareness of the plight of crime victims with
disabilities--by developing a research and statistical basis from which
to understand the nature and extent of crimes against people with
developmental disabilities.
Gauging from the favorable response of my colleagues, the press, and
people in the disability community itself, public awareness of the
crime victims with developmental disabilities has increased by the very
introduction of this legislation. But we recognize that this is only
the tip of the iceberg--the larger problem is crimes against people
with many other kinds of disabilities as well.
Passage of this legislation comes not a moment too soon. It is time
that we began a new, hopeful chapter in the lives of the many disabled
individuals who live quietly in fear of crime and violence.
There are too many victims who cannot communicate what has happened
to them--who find it more difficult than most crime victims to seek
comfort, counseling, reassurance, and protection. These victims must
relive the violence for the rest of their lives.
Today, as a governing body, the United States Senate has spoken
collectively on this increasing challenge. We know that for a number of
reasons, more people are being born developmentally disabled. Among the
factors are poor prenatal nutrition, increases in child abuse, and
substance abuse issues, including fetal alcohol syndrome.
It is my hope that the Department of Justice will engage the
Committee on Law and Justice of the National Research Council to
produce seminal, multi-disciplinary research that will encourage
further academic research in this area, and develop useful new
strategies to reduce the incidence of crimes against the disabled.
America should not have to rely upon foreign countries to infer
research and statistics about our own citizens.
Passage of this legislation is an important recognition of the
severity of the impact crime has on these people's lives. It is an
attempt to speak for those who cannot speak for themselves. We will not
let the disabled suffer alone and in silence any longer. As a country
we must understand them, learn to communicate with them, and reassure
them.
This is a very important step forward for American society.
I thank my colleagues, and I yield the floor.
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