Elder Abuse Prevention Act - Requires a state that is receiving funds for certain law enforcement assistance programs under the Omnibus Crime Control and Safe Streets Act of 1968 to have in effect laws and policies that prohibit parole for any individual who is: (1) convicted of a criminal sexual offense against a victim who is an older individual (defined as age 65 or older); or (2) a sexually violent predator (defined as a person who has been convicted of a sexually violent offense and who has been diagnosed by a qualified mental health professional as having a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses or who has been determined by a court to suffer from such an illness or disorder). Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation). Renders any state that does not implement such laws and policies within the required period ineligible for 10% of funding for its law enforcement assistance programs.
Requires the U.S. Sentencing Commission to promptly review its guidelines for sexual offenses committed against the elderly and to consider new guidelines for enhanced sentencing for such crimes.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 577 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 577
To prevent the abuse and exploitation of older individuals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2011
Mr. Chandler introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent the abuse and exploitation of older individuals.
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 ``Elder Abuse Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of older individuals in the United States
who are abused, neglected, or exploited is increasing, and a
large percentage of elder abuse cases are not reported to
Federal and State law enforcement authorities.
(2) The number of individuals in the United States aged 65
and older is projected to increase exponentially in the coming
years, and many of these valued citizens will begin to
constitute a vulnerable population at increased risk of abuse
and exploitation in domestic and community-based settings.
(3) The projected increase in the number of individuals in
the United States aged 65 and over is expected to result in a
corresponding increase in the number of cases of elder abuse,
which suggests an urgent need for comprehensive consideration
of means by which such abuse can be prevented, reported, and
prosecuted by Federal and State authorities.
(4) Violent, physical, and sexual assaults upon older
individuals are particularly abhorrent and should be prosecuted
vigorously by Federal and State law enforcement authorities.
Such acts should be deterred by appropriate penalties including
enhanced penalties and the elimination of parole for
individuals convicted of violent sexual offenses against the
elderly.
SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST OLDER
INDIVIDUALS OR FOR SEXUALLY VIOLENT PREDATORS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for the program referred to in subsection (b)(2), the State shall have
in effect throughout the State laws and policies that prohibit parole
for any individual who--
(1) is convicted of a criminal sexual offense against a
victim who is an older individual, which shall include any such
offense under State law for conduct that would constitute an
offense under chapter 109A of title 18, United States Code, had
the conduct occurred in the special maritime and territorial
jurisdiction of the United States or in a Federal prison; and
(2) is a sexually violent predator.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State under the Edward Byrne Memorial
Justice Assistance Grant Program under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3750 et seq.).
(c) Reallocation.--Amounts not allocated under the program referred
to in subsection (b)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(d) Definitions.--For the purposes of this section--
(1) the term ``older individual'' means an individual who
is 65 years of age or older; and
(2) the term ``sexually violent predator'' means a person
who--
(A) has been convicted of a sexually violent
offense; and
(B) has been diagnosed by a qualified mental health
professional as having a mental abnormality or
personality disorder that makes the person likely to
engage in predatory sexually violent offenses, or has
been determined by a court to suffer from such an
illness or disorder.
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.
(a) Request for Immediate Consideration by the United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission shall--
(1) promptly review the sentencing guidelines applicable to
sexual offenses committed against the elderly;
(2) expeditiously consider the promulgation of new
sentencing guidelines or amendments to existing sentencing
guidelines to provide an enhancement for such offenses; and
(3) submit to Congress an explanation of actions taken by
the Sentencing Commission pursuant to paragraph (2) and any
additional policy recommendations the Sentencing Commission may
have for combating offenses described in paragraph (1).
(b) Considerations in Review.--In carrying out this section, the
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of such offenses and the
need for aggressive and appropriate law enforcement action to
prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
United States Sentencing Commission shall promulgate the guidelines or
amendments provided for under this section as soon as practicable, and
in any event not later than the 180 days after the date of enactment of
this Act, in accordance with the procedures set forth in section 21(a)
of the Sentencing Reform Act of 1987, as though the authority under
that Act had not expired.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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