[Congressional Record (Bound Edition), Volume 159 (2013), Part 13]
[House]
[Pages 18248-18250]
[From the U.S. Government Publishing Office, www.gpo.gov]




              KILAH DAVENPORT CHILD PROTECTION ACT OF 2013

  Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3627), to require the Attorney General to report on 
State law penalties for certain child abusers, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3627

       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 ``Kilah Davenport Child 
     Protection Act of 2013''.

     SEC. 2. ATTORNEY GENERAL REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, and again 3 years thereafter, the Attorney General shall 
     publish and submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the United States Senate a report on the penalties for 
     violations of laws prohibiting child abuse in each of the 50 
     States, the District of Columbia, and each territory of the 
     United States, including whether the laws of that State, 
     District, or territory provides for enhanced penalties when 
     the victim has suffered serious bodily injury, or permanent 
     or protracted loss or impairment of any mental or emotional 
     function.

     SEC. 3. EXPANSION OF PREDICATE FOR INCREASED PENALTIES FOR 
                   CERTAIN DOMESTIC ASSAULTS.

       Section 117(a)(1) of title 18, United States Code, is 
     amended by inserting ``, or against a child of or in the care 
     of the person committing the domestic assault'' after 
     ``intimate partner''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Collins) and the gentleman from New York (Mr. Jeffries) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. COLLINS of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on H.R. 3627, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  The bill under consideration today, the Kilah Davenport Child 
Protection Act of 2013, is named after a young girl from North Carolina 
who was brutally beaten by her stepfather last year. Her stepfather was 
charged with felony child abuse and awaits trial. Kilah, who was only 3 
years old at the time of the attack, will face a lifetime of brain 
damage and paralysis at the hands of someone who was supposed to love 
and protect her.
  Stories like Kilah's are absolutely tragic, but they are not uncommon 
across our country. Approximately 3.5 million cases of child abuse 
involving 6 million children are reported every year in the United 
States. In my own State of Georgia, there were over 37,000 reports of 
child abuse and neglect with over 15,000 substantiated incidents of 
abuse in 2009 alone. And the rates of child abuse are even higher in 
Indian Country, where Indian children experience child abuse at a 
significantly higher rate than the rest of the population.
  Adding to those and these tragedies is the fact that child abuse 
cases are not always reported and oftentimes not prosecuted with the 
same vigor as other crimes. Studies have found that charges are less 
likely to be filed against perpetrators in child abuse cases than most 
other felonies, and these cases have lower incarceration rates than 
other crimes.
  H.R. 3627, introduced by Mr. Pittenger of North Carolina, will help 
draw attention to how child abuse cases are handled across the country 
by requiring the Judiciary Department to issue reports on the criminal 
penalties for child abuse in the 50 States, the District of Columbia, 
and the U.S. territories.
  This report focused on State statutes because most child abuse cases 
are handled at the State level. However, there are parts of the country 
where the Federal Government has an increased law enforcement role, 
such as including in Indian Country. H.R. 3627 helps to strengthen the 
Federal response to child abuse and other forms of domestic violence in 
Indian Country and the special maritime and territorial jurisdiction by 
amending 18 U.S.C., section 117 to allow prior convictions for the 
abuse of a child to trigger the offense of domestic assault by a 
habitual offender. This is a small but important change to the statute 
that will permit the Federal Government to prosecute more violent 
offenders.
  I commend the gentleman from North Carolina (Mr. Pittenger) for 
drawing attention to the terrible crime of child abuse and encourage my 
colleagues to support this legislation.
  With that, I reserve the balance of my time.
  Mr. JEFFRIES. Mr. Speaker, I yield myself such time as I may consume.
  Today we rise to consider H.R. 3627, the Kilah Davenport Child 
Protection Act of 2013. This legislation is part of the continuing 
effort to stamp out the scourge of child abuse in our society.
  According to the organization Childhelp, each year there are more 
than 3 million reports of child abuse in the United States. At least 6 
million children are impacted on an annual basis. Every day an average 
of four to seven children die in this great country as a result of 
child abuse and neglect, and more than 78 percent of reported child 
fatalities resulting from abuse and neglect were caused by one or more 
of the victim's parents.
  We must do everything in our power to change this sad reality. Our 
effort, of course, must be comprehensive and should include both robust 
criminal justice enforcement and parental education and prevention 
efforts. In other words, our approach should be balanced. Those who 
abuse children must understand that the consequences connected to their 
criminal behavior will be significant.
  We must also aggressively take steps to prevent child victimization 
before it occurs. In doing so, we can mitigate the severe trauma of 
child abuse and simultaneously channel precious taxpayer resources away 
from the criminal justice system.
  H.R. 3627 requires the Attorney General to issue a report regarding 
the penalties for violations of laws prohibiting child abuse in the 50 
States, the District of Columbia, and U.S. territories. This report 
must consider, of course, whether those laws provide enhanced penalties 
when the victim has suffered serious bodily injury or permanent or 
protracted loss or impairment of any mental or emotional function, as 
occurred in this tragic case referred to in North Carolina. This 
reporting requirement is a good step toward helping Congress accurately 
evaluate the statutory landscape in the child abuse context and govern 
in a more informed fashion.
  In addition, the legislation permits prior convictions for assault, 
sexual abuse, or serious violent felonies to be used to trigger 
additional penalties for habitual domestic abusers on Native American 
reservations and in special maritime and territorial jurisdictions. 
This trigger will better protect potential child abuse victims from 
repeat offenders.
  For the above-referenced reasons, I urge my colleagues to support 
this legislation, and I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, at this time, I yield as much 
time as he may consume to the gentleman from North Carolina (Mr. 
Pittenger), the author of this legislation, the gentleman who has a 
great passion for this issue.
  Mr. PITTENGER. Thank you, Mr. Collins.
  Mr. Speaker, I rise on behalf of precious Kilah Davenport, a sweet 
little

[[Page 18249]]

girl at the age of 3 years old, who was taken by her caregiver and 
bashed her head against the wall. As a result, Kilah has suffered 
irreparable damage to the extent that at this point she is immobile, 
she is paralyzed and has suffered severe brain damage.
  You can see pictures right here of Kilah, a young girl, and then the 
next day the condition that she is in. She has made some progress. Her 
family is encouraged. They assist her 24/7. It has changed their lives.
  But to the credit of the Davenport family, they wanted what occurred 
to their child to make sure that that never happened again. They 
focused their intention and their efforts, their commitment, to passing 
a law in North Carolina where I live. Now we have a statute that gives 
a minimum sentence of 10 years to anyone who is convicted of this type 
of egregious child abuse. Prior to this time, the minimum sentence for 
such an abuse was 4 years, maximum 6 years. This type of severe cruelty 
warrants a measure of sentencing commensurate with what has been 
enacted.
  So I congratulate my colleagues, whom I served with at one time in 
the North Carolina Senate and the House--Senator Tarte, Senator Tucker, 
and Senator Curtis; and House members Horn and Arp--for the leadership 
that they gave in North Carolina and provided what will be, I truly 
believe, a role model for the rest of the country because, Mr. Speaker, 
the purpose of the Kilah Davenport Child Protection Act is to give a 
basis for other States, appealing to them through their attorney 
generals, to issue these reports, the first one in 6 months, the next 
one 3 years following, of their current statutes on child abuse in 
their sentencing.
  We have found in many States that there are very minimum and lax 
sentences. In the South, there is one State that a year and a day could 
be the maximum sentence; one State in the Northeast is 7 years; one 
State out west, 5 years is the max sentence. This shouldn't be. We feel 
like there are many States who once they understand how limited the 
scope is of their sentencing that they would want to change it.
  And yes, Mr. Speaker, I do believe that these types of bills are 
better addressed in our States. I believe that other States will take 
the proper action as North Carolina did. As I consulted with law 
enforcement and with judges who handle child abuse daily, that is why I 
introduced H.R. 3627, which is bipartisan legislation that will address 
this severe need to make sure that children in the future are not 
harmed in the same way.
  This bill will ensure that those who suffer serious bodily injury, 
mental and emotional disparity and function, would be addressed with 
the types of sentencing that would warrant the type of crime committed.
  I believe, Mr. Speaker, as we enact this bill, that we will see a 
tremendous impact throughout the country to prevent this type of 
scourge from occurring again. So I commit it to our Congress--I thank 
the great support of the Members--to make sure that this bill is 
enacted, and I thank Senator Burr for his leadership in the Senate.
  Mr. JEFFRIES. Mr. Speaker, I have no additional speakers and am 
prepared to close.
  Let me just simply say, I commend the gentleman from North Carolina 
for putting forth this measure in the House and helping to shepherd it 
hopefully into swift passage and then into law. I also commend the 
Davenport family for their courage, their strength, and their 
perseverance, and I wish them Godspeed as it relates to the recovery of 
their child moving forward.
  I yield back the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, just in closing, again, it is 
good to be with my friend down here. Also, the bill that Mr. Pittenger 
is bringing forward is also commonsense legislation I think that 
strengthens their home, strengthens their family, and addresses an 
issue such as child abuse and the real consequences the Davenport 
family are finding, but not just them, but many across our country.
  With that, I urge all my colleagues to support this legislation, and 
I yield back the balance of my time.
  Mr. HUDSON. Mr. Speaker, I rise today in support of a bill we are 
debating today, H.R. 3627, The Kilah Davenport Child Protection Act of 
2013.
  This commonsense bill will create an important study to examine the 
penalties that apply to child abusers across the country so that we can 
ensure we are doing everything possible to keep our children safe.
  The motivation behind this significant legislation comes from one of 
my own constituents, Kilah Davenport. Kilah was abused when she was 
just three years old and suffers from severe mental and physical 
damage. I have had the pleasure of meeting young Kilah several times, 
and each time I'm moved by her strength and conviction. Not even old 
enough for kindergarten, Kilah is faced with an uphill battle of 
physical therapy and rehab. I will continue to pray that this innocent 
young girl makes a full recovery.
  Mr. Speaker, child abuse and the safety of our children are not 
partisan issues. We must equip our states with the necessary tools to 
punish abusers to the fullest extent of the law. I am committed to 
ensuring that the federal government empowers the states to strengthen 
child abuse laws and ensure the safety of the most innocent in our 
society.
  This bill guarantees that our states can address the serious problem 
of child abuse and makes certain that those who choose to harm a child 
are dealt with in a swift and severe manner. I support this bill, and I 
encourage my colleagues to do the same.

  Mr. SCOTT of Virginia. Mr. Speaker, we all agree that child abuse is 
a horrific problem, and the abuse of Kilah Davenport is a tragedy. We 
must take appropriate steps to try to prevent such future tragedies.
  Child abuse is a widespread problem. In 2011, approximately 681,000 
children were victims of maltreatment, and approximately 3.3 million 
children received preventative services from Child Protective Services 
agencies in the United States. Furthermore, nearly five children die 
every day in America from abuse and neglect, and more than 78 percent 
of reported child fatalities as a result of abuse and neglect were 
caused by one or more of the child victim's parents.
  In addition to harming children directly, child abuse contributes to 
future crime.
  Children who experience child abuse and neglect are about 9 times 
more likely to become involved in criminal activity. We should 
therefore get serious about reducing child abuse by enacting the type 
of meaningful legislation proven to actually reduce child abuse--and 
save money in the process--like nurse family partnerships.
  Nurse family partnerships are an evidence-based community health 
program that provide home visits from registered nurses to low-income, 
first-time moms from pregnancy until the child turns two years old. In 
medical and scientific journals, nurse family partnerships are most 
often cited as the most effective intervention to prevent child abuse 
and neglect.
  The approach of H.R. 3627 is to allow sentences of up to 10 years for 
those convicted for the third time for domestic abuse which, with this 
bill, will include child abuse. But it only applies to those offenses 
committed in national parks, military bases, Indian country, and on 
other federal land.
  So of all of the cases of child abuse committed nationally, this bill 
unfortunately reaches only a negligible portion of the cases--those 
committed on federal land by people with two prior offenses.
  Moreover, I am concerned that by increasing the penalties for third 
offenses, this bill implies that federal judges don't know what to do 
with a defendant convicted for a third time of these heinous offenses.
  As I have described, child abuse is a serious problem, and in order 
to determine the appropriateness of expanding federal laws, we should 
have had a hearing on this issue, which we did not. We have received no 
evidence suggesting that federal judges impose such sentences on these 
third-time offenders that they keep getting out of prison and 
committing child abuse again.
  The reason the bill before us today can only apply to federal lands 
is because we do not have jurisdiction over local crimes. The issue of 
child abuse is traditionally a matter for the states, and therefore 
this issue might have been best, first considered by the over-
criminalization task force.
  If our goal is to actually reduce the ravages of child abuse, we 
should not limit our efforts to the negligible number of prosecutable 
cases involving third offenses on federal lands.
  I say prosecutable because most child abuse is not reported at all, 
and many cases that are reported are difficult to prosecute because 
family members may be unwilling to testify against one another. In 
fact, we have received no evidence that this bill would have

[[Page 18250]]

even applied to the Kilah Davenport case, which does not appear to have 
occurred on federal land or have been committed by a third-time 
offender.
  We need to focus federal efforts on supporting programs which will 
prevent these crimes from happening in the first place.
  H.R. 3627 does, however, include a worthwhile provision that requires 
the Attorney General to issue a report outlining the child abuse laws 
in the 50 states. The states can then review their statutes to see how 
they compare to other states and decide if their state laws need to be 
amended.
  I agree with the desire to do more to protect our children from such 
tragic victimization, and we should work together to reduce child 
abuse. However, I think there are better ways to do it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Collins) that the House suspend the rules 
and pass the bill, H.R. 3627.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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