Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child; and (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children.
Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System; (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously; and (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2539 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2539
To provide enhanced Federal enforcement and assistance in preventing
and prosecuting crimes of violence against children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2003
Ms. Millender-McDonald introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Education and the Workforce, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide enhanced Federal enforcement and assistance in preventing
and prosecuting crimes of violence against children.
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 ``Violence Against Children Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) People under the age of 18 make up approximately 12
percent of all crime victims known to police, including 71
percent of all sex crime victims and 38 percent of all
kidnaping victims.
(2) People from the ages of 12 through 17 are over 2 times
more likely to be victims of violent crime than adults.
(3) It has been estimated that only 28 percent of crimes
against children are actually reported.
(4) Some 1,200 children die as a result of abuse each year,
and approximately 879,000 children are victims of abuse.
(5) Child abuse has long-lasting negative effects upon
children and families, including delayed development,
depression, substance abuse, and increased likelihood of
experiencing or perpetrating domestic violence as an adult.
(6) Most local agencies lack adequate resources to protect
and serve the needs of children and families that are brought
to their attention.
(7) Failure to pay child support is in itself a form of
neglect, as children who do not receive financial support are
more likely to live in poverty, and are therefore more likely
to suffer from inadequate education, a lack of quality health
care, and a lack of affordable housing.
TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN
SEC. 101. ENHANCED PENALTIES.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting at the end the following:
``Sec. 2260A. Violence against children
``(a) In General.--Whoever, whether or not acting under color of
law, in any circumstance described in subsection (b), by force or
threat of force willfully injures or attempts to injure any person
under 18 years of age--
``(1) shall be imprisoned for not more than 10 years and
fined in accordance with this title; and
``(2) shall be imprisoned for any term of years or for
life, and fined in accordance with this title if--
``(A) death results from the offense; or
``(B) the offense includes kidnaping or an attempt
to kidnap, aggravated sexual abuse or an attempt to
commit aggravated sexual abuse, or an attempt to kill.
``(b) Circumstances.--For purposes of subsection (a), the
circumstances described in this subsection are that--
``(1) the conduct described in subsection (a) occurs during
the course of, or as the result of, the travel of the defendant
or the victim--
``(A) across a State line or national border; or
``(B) using a channel, facility, or instrumentality
of interstate or foreign commerce; or
``(2) in connection with the conduct described in
subsection (a), the defendant employs a firearm, explosive or
incendiary device, or other weapon that has traveled in
interstate or foreign commerce.
``(c) Penalties.--An offense under this section shall also be
subject to the penalties provided in section 1111 of this title (as
amended by the PROTECT Act) if the offense is also an offense under
that section.''.
(b) Amendment to Chapter Analysis.--The chapter analysis for
chapter 110 of title 18, United States Code, is amended by inserting at
the end the following:
``2260A. Violence against children.''.
(c) Enhanced Penalties for Existing Crimes When Committed Against
Children.--Pursuant to its authority under section 994(p) of title 28,
United States Code, and in accordance with this Act and its purposes,
the United States Sentencing Commission shall review and amend its
guidelines and its policy statements to provide enhanced penalties when
the victim of a Federal crime is under the age of 18.
(d) GAO Review of State Laws.--Not later than 6 months after the
date of enactment of this Act, the Comptroller General of the United
States shall--
(1) review the statutory penalties for crimes against
children under State laws and the sentencing practices of the
States with respect to those crimes, including whether a State
provides enhanced penalties when the victim of the crime is a
child; and
(2) report the findings of the review to Congress.
SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND
PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT
OFFICIALS.
(a) In General.--At the request of a State, Indian tribal
government, or unit of local government, the Attorney General shall
provide technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any crime
that--
(1) constitutes a crime of violence (as defined in section
16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State or
Indian tribe; and
(3) is committed against a person under 18 years of age.
(b) Priority.--If the Attorney General determines that there are
insufficient resources to fulfill requests made pursuant to subsection
(a), the Attorney General shall give priority to requests for
assistance to--
(1) crimes committed by, or believed to be committed by,
offenders who have committed crimes in more than 1 State; and
(2) rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
TITLE II--GRANT PROGRAMS
SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) In General.--The Attorney General shall award grants to assist
States, Indian tribal governments, and units of local government to
develop and strengthen effective law enforcement and prosecution of
crimes against children.
(b) Purposes.--Grants provided under this section shall provide
personnel, training, technical assistance, data collection, and other
equipment for the more widespread apprehension, prosecution, and
adjudication of persons committing crimes against children, and
specifically, for the purposes of--
(1) training law enforcement officers, prosecutors, judges,
and other court personnel to more effectively identify and
respond to crimes against children;
(2) developing, training, or expanding units of law
enforcement officers, prosecutors, or courts specifically
targeting crimes against children;
(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and responding
to crimes against children;
(4) developing, installing, or expanding data collection
and communication systems, including computerized systems,
linking police, prosecutors, and courts for the purpose of
identifying and tracking arrests, prosecutions, and convictions
for crimes against children;
(5) encouraging, developing, and strengthening programs,
procedures, and policies that enhance cross-collaboration and
cross-communication between law enforcement and child services
agencies regarding the care, treatment, and services for child
victims; and
(6) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in
dealing with crimes against children.
(c) Application.--
(1) In general.--Each State, Indian tribal government, or
unit of local government that desires a grant under this
section shall submit an application to the Attorney General at
such time, in such manner, and accompanied by or containing
such information as the Attorney General shall reasonably
require.
(2) Requirements.--A State, Indian tribal government, or
unit of local government applying for a grant under this
section shall--
(A) describe--
(i) the purposes for which the grant is
needed;
(ii) the intended use of the grant funds;
and
(iii) the expected results from the use of
grant funds;
(B) demonstrate that, in developing a plan to
implement the grant, the State, Indian tribal
government, or unit of local government has consulted
and coordinated with nonprofit, nongovernmental victim
services programs that have experience in providing
services to victims of crimes against children; and
(C) certify that--
(i) any Federal funds received under this
section will be used to supplement, not
supplant, non-Federal funds that would
otherwise be available for activities funded
under this section; and
(ii) the State, the Indian tribal
government, or the State in which the unit of
local government is located is in compliance
with sections 301 and 302.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2004 through 2008.
SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS.
(a) In General.--The Attorney General shall award grants to assist
States, Indian tribal governments, units of local government, and
nongovernmental organizations to provide education, prevention,
intervention, and victims' assistance services regarding crimes against
children.
(b) Purposes.--Grants provided under this section shall be used to
provide education, prevention, and intervention services to prevent
crimes against children and to provide assistance to children, and the
families of children, who are victims of crime, including--
(1) educational seminars;
(2) the operation of hotlines;
(3) training programs for professionals;
(4) the preparation of informational materials;
(5) intervention services to prevent crimes against
children;
(6) other efforts to increase awareness of the facts about,
or to help prevent, crimes against children, including efforts
to increase awareness in underserved racial, ethnic, and
language minority communities;
(7) emergency medical treatment for victims;
(8) counseling to victims of crimes against children and
their families; and
(9) increasing the supply of mental health professionals
specializing in the mental health of victims of crimes against
children.
(c) Application.--
(1) In general.--Each State, Indian tribal government, unit
of local government, or nongovernmental organization that
desires a grant under this section shall submit an application
to the Attorney General at such time, in such manner, and
accompanied by or containing such information as the Attorney
General shall reasonably require.
(2) Requirements.--A State, Indian tribal government, unit
of local government, or nongovernmental organization applying
for a grant under this section shall--
(A) describe--
(i) the purposes for which the grant is
needed;
(ii) the intended use of the grant funds;
and
(iii) the expected results from the use of
grant funds;
(B) demonstrate that, in developing a plan to
implement the grant--
(i) in the case of a State, Indian tribal
government, or unit of local government, that
the State, Indian tribal government, or unit of
local government has consulted and coordinated
with nonprofit, nongovernmental victim services
programs that have experience in providing
services to victims of crimes against children;
and
(ii) in the case of a nongovernmental
organization, that the nongovernmental
organization has experience in providing
education, prevention, or intervention services
regarding crimes against children or has
experience in providing services to victims of
crimes against children; and
(C) certify that--
(i) any Federal funds received under this
section will be used to supplement, not
supplant, non-Federal funds that would
otherwise be available for activities funded
under this section, provided that the Attorney
General may waive such requirement for
nongovernmental organizations in extraordinary
circumstances; and
(ii) the State, the Indian tribal
government, the State in which the unit of
local government is located, or the State in
which the nongovernmental organization will
operate the activities funded under this
section is located, is in compliance with
section 303.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2004 through 2008.
TITLE III--NATIONWIDE PROGRAMS
SEC. 301. NATIONWIDE AMBER ALERT.
Not later than 3 years after the date of enactment of this Act,
each State receiving grants pursuant to section 201 shall have in place
a statewide AMBER Alert communications network for child abduction
cases.
SEC. 302. IMPROVED STATISTICAL GATHERING.
Each State receiving grants pursuant to section 201 shall use, or
shall be in the process of testing or developing protocols to use, the
National Incident-Based Reporting System.
SEC. 303. NATIONAL SAFE HAVEN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, each State receiving grants pursuant to section 202 shall
have in effect a statute that--
(1) permits a parent to leave a newborn baby with a
medically-trained employee of a hospital emergency room
anonymously without any criminal or other penalty;
(2) includes a mechanism to encourage and permit a hospital
employee in the receiving hospital to collect information about
the medical history of the family subject to the approval of
the parent;
(3) requires law enforcement entities in the State,
immediately after relinquishment of a child under paragraph
(1), to search State and Federal missing person databases to
ensure that the child has not been reported missing; and
(4) includes a plan for publicizing the State's Safe Haven
law.
(b) Exception.--Notwithstanding subsection (a)(1), a State statute
in effect pursuant to this section may deny a parent the ability to
leave a newborn baby anonymously without any criminal or other penalty
if the newborn baby shows signs of abuse or appears to have been
intentionally harmed.
SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.
(a) Report by States.--Not later than 180 days after the date of
enactment of this Act, each State receiving an allotment for child
welfare services under subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of
Health and Human Services a report detailing the State's program funded
under that subpart, including the process for maintaining records and
verifying the well-being of the children under the State's care.
(b) GAO Study.--Not later than 180 days after the date of enactment
of this Act, the General Accounting Office shall report to Congress on
State practices and policies under the child welfare program funded
under subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 620 et seq.). The report shall include the following:
(1) How States are maintaining records and verifying the
well-being of the children under their care, including how well
States are keeping track of where those children are.
(2) Whether and how the review system being undertaken by
the Secretary of Health and Human Services is helping States to
reform their child welfare system.
(3) The best practices being implemented by the States.
(4) Recommendations for legislative changes by Congress.
TITLE IV--CHILD SUPPORT ENFORCEMENT
SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT.
It is the sense of the Senate that Congress should pass legislation
to extend the current Federal tax treatment on bad debt to nonpayment
of child support by--
(1) allowing those that do not receive the child support
they are owed to deduct that amount from their Federal income
taxes; and
(2) requiring those who fail to pay child support to add
the unpaid amount to their income for Federal tax purposes.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Select Education.
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