[Congressional Record Volume 145, Number 44 (Friday, March 19, 1999)]
[Senate]
[Pages S3000-S3001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 668. A bill to encourage States to incarcerate individuals 
convicted of murder, rape, or child molestation; to the Committee on 
the Judiciary.


                              aimee's law

 Mr. SANTORUM. Mr. President, I rise today to introduce 
legislation to address the suffering of victims of repeat offenders.
  My legislation, ``Aimee's Law,'' is named after Aimee Willard, a 
college senior from suburban Philadelphia who was raped and murdered by 
a man released from prison in another state after serving time for a 
similar offense. This tragedy has made me aware of some very disturbing 
facts about sentencing and recidivism. For instance, more than 14,000 
murders, rapes and sexual assaults on children are committed each year 
by felons who have been released after serving a sentence for one of 
those very same crimes. Moreover, convicted murderers, rapists and 
child molesters who are released from prisons and cross state lines are 
responsible for sexual assaults on more than 1,200 people annually, 
including 935 children. Furthermore, recidivism rates for sexual 
predators are the highest of any category of violent crime. Despite 
this, the average time served for rape is only five and one half years 
and the average time served for sexual assault is under four years. 
Also troubling is the fact that thirteen percent of convicted rapists 
receive no jail time at all.
  With this in mind, I propose to use federal crime fighting funds to 
create an incentive for states to adopt stricter sentencing and truth-
in-sentencing laws. Specifically, Aimee's Law will redirect enough 
federal crime fighting dollars from a state that has released a 
murderer, rapist, or child molester to pay the prosecutorial and 
incarceration costs incurred by a state which has had to reconvict this 
released felon for a similar crime. Indeed, laws regarding the horrific 
crimes of murder, rape and sexual assault are best enacted at the state 
level. However, the federal government bears a responsibility to ensure 
that federal taxpayer dollars are spent in such a manner as to reflect 
national views on national issues. This legislation uses federal monies 
to create incentives without intruding into a state's right and need to 
legislate on the problem of repeat offenders.
  Representative Matt Salmon introduced this legislation last Congress 
and earlier this Congress. Representative Salmon's bipartisan bill 
currently has 66 cosponsors, including Majority Whip Tom Delay and 
Democratic Caucus Chair Martin Frost. Moreover, it has been endorsed by 
Ms. Gail Willard, Aimee's mother, and numerous organizations such as 
the National Fraternal Order of Police, the National Rifle Association, 
the KlassKids Foundation, Justice For All, the National Association of 
Crime Victims' Rights, the Women's Coalition, and Kids Safe.
  I urge my colleagues to support this legislation and help protect our 
communities from repeat offenders.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to printed in the 
Record, as follows:

                                 S. 668

       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 ``Aimee's Law''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means sexual abuse or sexually explicit conduct 
     committed by an individual who has attained the age of 18 
     years against an individual who has not attained the age of 
     14 years.
       (2) Murder.--The term ``murder'' has the meaning given that 
     term in section 1111 of title 18, United States Code.
       (3) Rape.--The term ``rape'' means any conduct constituting 
     unlawful sexual intercourse with another individual without 
     the consent of such other individual.
       (4) Sexual abuse.--The term ``sexual abuse'' has the 
     meaning given that term in section 3509 of title 18, United 
     States Code.
       (5) Sexual contact.--The term ``sexual contact'' has the 
     meaning given that term in section 2246 of title 18, United 
     States Code.
       (6) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given that term in section 
     2256 of title 18, United States Code.

     SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY 
                   CERTAIN RELEASED FELONS.

       (a) Penalty.--
       (1) In general.--Subject to paragraph (2), in any case in 
     which a State convicts an individual of murder, rape, or a 
     dangerous sexual offense, who has a prior conviction for any 
     1 of those offenses in another State, the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     such individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (2) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 or more of those 
     offenses in more than 1 other State, the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance

[[Page S3001]]

     funds that have been allocated to but not distributed to each 
     State that convicted such individual of the prior offense, to 
     the State account that collects Federal law enforcement 
     assistance funds of the State that convicted that individual 
     of the subsequent offense.
       (b) State Applications.--In order to receive an amount 
     transferred under subsection (a), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for 1 of those offenses in another State.
       (c) Source of Funds.--Any amount transferred under 
     subsection (a) shall be derived by reducing the amount of 
     Federal law enforcement assistance funds received by the 
     State that convicted such individual of the prior offense 
     before the distribution of the funds to the State. The 
     Attorney General, in consultation with the chief executive of 
     the State that convicted such individual of the prior 
     offense, shall establish a payment schedule.
       (d) Construction.--Nothing in this section may be construed 
     to diminish or otherwise affect any court ordered 
     restitution.
       (e) Exception.--This section does not apply if an 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has escaped prison and subsequently been convicted 
     for an offense described in subsection (a).

     SEC. 4. COLLECTION OF RECIDIVISM DATA.

       (a) In General.--Beginning with calendar year 1999, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (1) the number of convictions during that calendar year for 
     murder, rape, and any sex offense in the State in which, at 
     the time of the offense, the victim had not attained the age 
     of 14 years and the offender had attained the age of 18 
     years; and
       (2) the number of convictions described in paragraph (1) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that paragraph.
       (b) Report.--Not later than March 1, 2000, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (1) the information collected under subsection (a) with 
     respect to each State during the preceding calendar year; and
       (2) the percentage of cases in each State in which an 
     individual convicted of an offense described in subsection 
     (a)(1) was previously convicted of another such offense in 
     another State during the preceding calendar year.
                                 ______