[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

[[Page S8083]]

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.

[[Page S8084]]

  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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