[House Report 104-548]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-548
_______________________________________________________________________
CRIMES AGAINST CHILDREN AND ELDERLY PERSONS INCREASED PUNISHMENT ACT
_______
May 1, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. McCollum, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2974]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2974) to amend the Violent Crime Control and Law
Enforcement Act of 1994 to provide enhanced penalties for
crimes against elderly and child victims, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crimes Against Children and Elderly
Persons Increased punishment Act''.
SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
Section 240002 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended to read as follows:
``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
``(a) In General.--The United States Sentencing Commission shall
amend the Federal sentencing guidelines to provide a sentencing
enhancement of not less than 5 levels above the offense level otherwise
provided for a crime of violence, if the crime of violence is against a
child, elderly person, or other vulnerable person.
``(b) Definitions.--As used in this section--
``(1) the term `crime of violence' has the meaning given that
term in section 16 of title 18, United States Code;
``(2) the term `child' means a person who is 14 years of age,
or younger;
``(3) the term `elderly person' means a person who is 65
years of age or older; and
``(4) the term `vulnerable person' means a person whom the
defendant knew or should have known was unusually vulnerable
due to age, physical or mental condition, or otherwise
particularly susceptible to the criminal conduct.''
Purpose and Summary
This bill, The Crimes Against Children and Elderly
Increased Punishment Act, introduced by Mr. Chrysler of
Michigan, would increase the length of the sentence for violent
crimes against children 14 years of age, or younger, seniors 65
years, or older, and vulnerable persons. It would do so by
directing the U.S. Sentencing Commission to provide a
sentencing enhancement of not less than five levels above the
offense level otherwise provided for a crime of violence
against such victims.
Background and Need for the Legislation
From 1985 to 1991 there was a 90 percent increase in
personal crimes committed against senior citizens, from 627,318
to 1,146,929. While the overall homicide rate for children
decreased from 1985 to 1993, there was a 47 percent increase in
the homicide rate of children. In 1992, one out of every six
rape victims was a female under the age of twelve. H.R. 2974
was introduced to provide additional deterrence and punishment
for those who victimize the most vulnerable in society.
The impetus for this legislation also arises from the U.S.
Sentencing Commission's failure to take action in response to a
directive in the Violent Crime Control and Law Enforcement Act
of 1994. Title XXIV, Section 240002 of the Act directed the
Commission to ``ensure that the applicable guideline range for
a defendant convicted of a crime of violence against an elderly
victim is sufficiently stringent to deter such a crime, to
protect the public from additional crimes of such a defendant,
and to adequately reflect the heinous nature of such an
offense.'' The Commission determined to make no amendment to
the guidelines in response to this directive. This bill seeks
to ensure that the guideline penalty accomplishes the goal
Congress established in its 1994 directive.
While the bill applies on to federal crimes, another
purpose of this legislation is to establish a model for state
criminal justice systems. Only a uniform approach which
communicates society's intolerance for these heinous crimes
will provide sufficient deterrence.
Hearings
The Committee's Subcommittee on Crime held a hearing on
H.R. 2974 on March 7, 1996. Testimony was received from two
witnesses, Representative Dick Chrysler, of Michigan, and Mr.
Kevin V. Di Gregory, Deputy Assistant Attorney General,
Criminal Division, representing the U.S. Department of Justice,
with additional material submitted by Maureen Kanka of the
Megan Nicole Kanka Foundation and Ernest E. Allen, President
and CEO for the National Center for Missing and Exploited
Children.
Committee Consideration
On March 21, 1996, the Subcommittee on Crime met in open
session and ordered reported the bill H.R. 2974, as amended, by
a vote of 8 to 1, quorum being present. On April 24, 1996, the
Committee met in open session and ordered reported the bill
H.R. 2974 with amendments by voice vote, a quorum being
present.
Vote of the Committee
There were no recorded votes.
1. An amendment by Ms. Lofgren to change the definition of
a child from ``a person who is 11 years of age, or younger,''
to ``a person who is 14 years of age, or younger.'' The Lofgren
amendment was agreed to by voice vote.
2. An amendment by Ms. Lofgren to include vulnerable
persons to the victims covered under the provisions of the
bill. The Lofgren amendment was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Committee Cost Estimate
In compliance with clause 7(a) of rule XIII of the Rules of
the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2974, the following cost estimate.
The Committee estimates that the costs associated with the
increased sentences under H.R. 2974 are $5.1 million at the
conclusion of the fifth year after the enactment of the bill,
and $22 million after thirty years. These figures are based on
U.S. Sentencing Commission estimates for prison construction
and operating costs associated with the expected number of
cases receiving increased sentences.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that H.R.
2974 will have no significant inflationary impact on prices and
costs in the national economy.
Section-by-Section Analysis
Section 1. Short title
This section states that the short title of the bill is the
``Crimes Against Children and Elderly Persons Increased
Punishment Act.''
Section 2. Enhanced Penalties For Vulnerable Victims
This section amends Section 240002 of the Violent Crime
Control and Law Enforcement Act of 1994 to provide for
increased sentences for violent crimes against children 14
years of age or younger, seniors 65 years or older, and
vulnerable persons. The increased sentences would be
accomplished by directing the Sentencing Commission to provide
a sentencing enhancement of not less than 5 levels above the
offense level otherwise provided for a crime of violence
against a child, elderly person, or other vulnerable person.
The term ``crime of violence'' has the meaning given in
Section 16 of Title 18 of the United States Code. Section 16
defines a crime of violence as ``an offense that has as an
element the use, attempted use, or threatened use of physical
force against the person or property of another, or any other
offense that is a felony and that, by its nature, involves a
substantial risk that physical force against the person or
property of another may be used in the course of committing the
offense.''
The term ``child'' is defined as ``a person who is 14 years
of age, or younger.''
The term ``elderly person'' is defined as ``a person who is
65 years of age or older.''
The term ``vulnerable person'' is defined as ``a person
whom the defendant knew or should have known was unusually
vulnerable due to age, physical or mental condition, or
otherwise particularly susceptible to the criminal conduct.''
Agency Views
The Committee received a letter from the U.S. Department of
Justice providing Administration views on H.R. 2974, the
``Crimes Against Children and Elderly Persons Increased
Punishment Act'', and other bills. This letter addressed the
pertinent issues presented in H.R. 2974 as follows:
H.R. 2974--Crimes Against Children and Elderly Persons Punishment and
Prevention Act
H.R. 2974 would direct the Sentencing Commission to
increase by five levels (or generally more than fifty percent)
the sentence for certain crimes of violence committed against
victims 65 years of age or older or 11 years of age or younger.
The impetus for the legislation evidently stems from the fact
that the Sentencing Commission took virtually no action in
response to the enactment by Congress of section 240002 of the
Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA).
That provision had directed the Commission to ``ensure that the
applicable guideline range for a defendant convicted of a crime
of violence against an elderly victim is sufficiently stringent
to deter such a crime, to protect the public from additional
crimes of such a defendant, and to adequately reflect the
heinous nature of such an offense.'' The Commission determined
to make no amendment of the guidelines pursuant to this
provision,\1\ evidently concluding that the guidelines already
provided an adequate adjustment for crimes against elderly
victims, through section 3A1.1 of the guidelines, dating from
1990, which directs a court to increase the sentence by two
levels if ``the defendant knew or should have known that a
victim of the offense was unusually vulnerable due to age,
physical or mental condition, or that a victim was otherwise
particularly susceptible to the criminal conduct.''
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\1\ The Commission amended its commentary to suggest that an upward
departure from the guidelines might be warranted if the offense were
the second such crime by the defendant against a vulnerable victim, but
departures are wholly discretionary
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Victims of crime who are particularly vulnerable due to
advanced age or youth deserve special protection under the law.
In light of the current guidelines covering all vulnerable
victims, we have several suggestions to improve this proposal.
First, we share the Commission's belief, reflected in the
scope of section 3A1.1, that all vulnerable victims should
receive comparable protection. A person who assaults a disabled
thirty year old victim should not be treated more leniently
than one who assaults a physically robust elderly victim.
Second, the list of violent crimes as defined in H.R. 2974
is incomplete. It covers only ten enumerated violent offenses
for which there is federal jurisdiction based largely on their
commission in the special maritime and territorial jurisdiction
of the Untied States, and omits far more frequently prosecuted
violent offenses such as bank and postal robbery (18 U.S.C.
2113, 2114).\2\ We see no reason why the generic definition of
``crime of violence'' in 18 U.S.C. Sec. 16 should not be
applicable here.
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\2\ We recognize that section 24002 of the VCCLEA, which the draft
bill would amend, was similarly drafted.
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Third, we believe that requiring some knowledge of the
victim's vulnerable status, as does the current guideline, is
preferable to requiring a penalty increase triggered solely by
the fact of the victim's age or vulnerability.
Finally, we believe that mandating that the Commission
increase its guidelines by a specific level may be unnecessary.
We would prefer that the bill mandate the Commission provide an
appropriate further increase in section 3A1.1, but confer more
discretion on the Commission as to the precise degree of
penalty enhancement to be imposed.
We look forward to the opportunity to work with the
Subcommittee to provide greater protection to all vulnerable
victims, including those specifically enumerated in H.R. 2974.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 240002 OF THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF
1994
[SEC. 240002. CRIMES AGAINST THE ELDERLY.
[(a) In General.--Pursuant to its authority under the
Sentencing Reform Act of 1984 and section 21 of the Sentencing
Act of 1987 (including its authority to amend the sentencing
guidelines and policy statements) and its authority to make
such amendments on an emergency basis, the United States
Sentencing Commission shall ensure that the applicable
guideline range for a defendant convicted of a crime of
violence against an elderly victim is sufficiently stringent to
deter such a crime, to protect the public from additional
crimes of such a defendant, and to adequately reflect the
heinous nature of such an offense.
[(b) Criteria.--In carrying out subsection (a), the United
States Sentencing Commission shall ensure that--
[(1) the guidelines provide for increasingly severe
punishment for a defendant commensurate with the degree
of physical harm caused to the elderly victim;
[(2) the guidelines take appropriate account of the
vulnerability of the victim; and
[(3) the guidelines provide enhanced punishment for a
defendant convicted of a crime of violence against an
elderly victim who has previously been convicted of a
crime of violence against an elderly victim, regardless
of whether the conviction occurred in Federal or State
court.
[(c) Definitions.--In this section--
[``crime of violence'' means an offense under section
113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244
of title 18, United States Code.
[``elderly victim'' means a victim who is 65 years of
age or older at the time of an offense.]
SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
(a) In General.--The United States Sentencing Commission
shall amend the Federal sentencing guidelines to provide a
sentencing enhancement of not less than 5 levels above the
offense level otherwise provided for a crime of violence, if
the crime of violence is against a child, elderly person, or
other vulnerable person.
(b) Definitions.--As used in this section--
(1) the term ``crime of violence'' has the meaning
given that term in section 16 of title 18, United
States Code;
(2) the term ``child'' means a person who is 14 years
of age, or younger;
(3) the term ``elderly person'' means a person who is
65 years of age or older; and
(4) the term ``vulnerable person'' means a person
whom the defendant knew or should have known was
unusually vulnerable due to age, physical or mental
condition, or otherwise particularly susceptible to the
criminal conduct.
DISSENTING VIEWS
HR 2974, the Crimes Against Children and Elderly Persons
Punishment and Prevention Act directs the United States
Sentencing Commission (``Sentencing Commission'') to enhance
Sentencing Guidelines penalties for crimes committed against
vulnerable victims, such as children, the elderly and the
disabled. Without commenting on the underlying substance of the
legislation, we oppose any legislation which directs the
Sentencing Commission to amend its Guidelines to reflect the
politics of the Congress.
The Sentencing Commission was established in 1984, with
strong bipartisan support, as an independent, permanent agency
in the judicial branch of government. Among its mandates was
the development of guidelines for federal criminal offenses
that would bring greater certainty, honesty, and uniformity to
federal sentencing. One objective of establishing the
Sentencing Commission was to remove politics from these
decisions. Maintaining the independence of the Sentencing
Commission, therefore, is of paramount importance to the
fulfillment of this mandate.
Several prior pieces of legislation have already passed the
104th Congress (over our objection) which undermined the
independence of the Sentencing Commission and the mandate given
to it. We cannot support any additional legislation--even
legislation which may have substantive value--which undermines
it further.
Melvin L. Watt.
Bobby Scott.