VIOLENCE PREVENTION
Public Policy Approaches
VIOLENCE PREVENTION
Public Policy Approaches
ACKNOWLEDGEMENTS
This document was prepared by Tom Downs, Attorney-Patton Boggs LLP, Washington
D.C., in collaboration with the Catholic Health Initiatives Advocacy Group:
Colleen Scanlon
Senior Vice President, Advocacy
August 2010
Marcia Desmond
Vice President, Public Policy
TABLE OF CONTENTS
Introduction ........................................................................................................................................... 5
Framework ............................................................................................................................................. 7
Violence in General ............................................................................................................................... 9
Laws Relating to Violence in General ................................................................................................... 11
Grant and Assistance Programs Relating to Violence in General ......................................................... 12
Recent Congressionally Directed Appropriations for Projects Relating to Violence in General ............ 13
Pending Legislation Relating to Violence in General ............................................................................ 14
Resolutions Relating to Violence in General ......................................................................................... 15
Violence Involving Children ............................................................................................................... 17
Laws Relating to Violence Involving Children ....................................................................................... 18
Grant and Assistance Programs Relating to Violence Involving Children ............................................. 21
Recent Congressionally Directed Appropriations for Projects Relating to Violence Involving Children 22
Pending Legislation Relating to Violence Involving Children ................................................................ 23
Resolutions Relating to Violence Involving Children ............................................................................. 26
Violence Against Women & Domestic Violence ............................................................................... 27
Laws Relating to Violence Against Women & Domestic Violence ......................................................... 28
Grant and Assistance Programs Relating to Violence Against Women & Domestic Violence .............. 29
Recent Congressionally Directed Appropriations for Projects Relating to Violence Against Women &
Domestic Violence ..................................................................................................................... 31
Pending Legislation Relating to Violence Against Women & Domestic Violence ................................. 33
Resolutions Relating to Violence Against Women & Domestic Violence .............................................. 36
Elder Abuse ......................................................................................................................................... 39
Laws Relating to Elder Abuse ............................................................................................................... 40
Grant Programs Relating to Elder Abuse .............................................................................................. 40
Recent Congressionally Directed Appropriations for Projects Relating to Elder Abuse ........................ 41
Pending Legislation Relating to Elder Abuse ........................................................................................ 41
Teen Bullying, Harassment and Juvenile Violence .......................................................................... 43
Laws Relating to Teen Bullying, Harassment and Juvenile Violence .................................................... 44
Grant and Assistance Programs Related to Teen Bullying, Harassment and Juvenile Violence .......... 45
Recent Congressionally Directed Appropriations for Projects Related to
Teen Bullying, Harassment and Juvenile Violence ................................................................... 46
Pending Legislation Relating to Teen Bullying, Harassment and Juvenile Violence ............................. 47
3
TABLE OF CONTENTS (cont.)
School Violence ................................................................................................................................... 53
Laws Relating to School Violence ......................................................................................................... 54
Grant and Assistance Programs Relating to School Violence .............................................................. 54
Recent Congressionally Directed Appropriations for Projects Relating to School Violence ................. 55
Violence Involving Firearms ............................................................................................................... 57
Laws Relating to Violence Involving Firearms ....................................................................................... 58
Grant and Assistance Programs Relating to Violence Involving Firearms ............................................. 59
Recent Congressionally Directed Appropriations for Projects Relating to
Violence Involving Firearms ...................................................................................................... 60
Pending Legislation Relating to Violence Involving Firearms ................................................................ 60
Violence Involving Technology (The Internet and Online Predators, Cyber Bullying and Video
Games) ................................................................................................................................................. 63
Law Relating to Violence Involving Technology .................................................................................... 64
Grant and Assistance Programs Relating to Violence Involving Technology ........................................ 64
Pending Legislation Relating to Violence Involving Technology ........................................................... 65
Resolution Relating to Violence Involving Technology .......................................................................... 66
Hate Crimes ......................................................................................................................................... 67
Laws Relating to Hate Crimes ............................................................................................................... 68
Grant and Assistance Programs Relating to Hate Crimes .................................................................... 69
Recent Congressionally Directed Appropriations for Projects Relating to Hate Crimes ........................ 70
Pending Legislation Relating to Hate Crimes ........................................................................................ 70
Appendix A—State Legislation Relating to Violence Prevention ................................................... 71
Appendix B—Commonly Used Acronyms in the Report ................................................................. 83
4
INTRODUCTION
Catholic Health Initiatives’ mission, vision and values embrace a
commitment to create healthy communities, with special attention to the most
vulnerable persons among us. CHI is demonstrating this commitment by
addressing the issue of violence in our society, and by seeking opportunities to
prevent violence in all of its forms. Since the Board of Stewardship Trustees
approved the CHI Advocacy Priorities in 2000, nonviolence has been one of the
organization’s highest priorities. Rooted in our Catholic traditions, we believe that
we must confront the growing culture of violence in society.
CHI is working to eliminate violence in every community we serve. We are
engaged in public policy activities, education, coalitions and networking to address
multiple forms of violence that affect the well-being of our communities. CHI is
advancing collaborative initiatives that prevent violence in our communities,
including domestic violence, child and elder abuse, gun violence, hate crimes and
school violence, among other forms of violence that are prevalent, in order to create
healthy communities.
While recognizing that there will always be a need to help individuals,
families, and communities heal and recover from the consequences of violence,
CHI also believes it is crucial to prevent violence in all dimensions and all levels of
our society. To advance this commitment, violence prevention was identified in
2008 as a CHI Strategic Priority for the entire organization, and a comprehensive
Violence Prevention Campaign, United Against Violence, was launched. CHI
entities will be actively engaged in community-based and defined violence
prevention initiatives. It is anticipated these efforts will lead to a measurable
reduction of violence in the communities we serve. The Violence Prevention
Campaign is a multi-dimensional initiative that includes education, public policy
initiatives, socially responsible investing, community-based efforts and a new series
of Mission and Ministry Fund grants to promote violence prevention efforts.
5
6
FRAMEWORK
This CHI Report, entitled “Violence Prevention–Public Policy Approaches,” is
intended to advance the discussion about public policy approaches to violence in
our society. It addresses the following areas: Violence in General; Violence
Involving Children; Violence Against Women & Domestic Violence; Elder Abuse;
Teen Bullying, Harassment and Juvenile Violence; School Violence; Violence
Involving Firearms; Violence Related to Technology (the Internet and online
predators, cyber bullying and video games); and Hate Crimes. The report identifies
existing federal laws, agency grant programs and opportunities for Congressionally
directed appropriations, as well as a sampling of legislation and resolutions (nonbinding expressions of congressional opinion) pending in Congress related to
preventing and responding to violence. Appendix A highlights examples of
violence prevention legislation introduced at the state level in the 18 states in which
CHI operates facilities. Appendix B defines the acronyms used in this report.
This report is intended as a resource for CHI organizations as they seek to
prevent and reduce violence. In addition to outlining current law, this report
provides a broad range of information on legislative advocacy efforts, grant
opportunities and programs that CHI organizations may want to consider as they
pursue their community-based efforts to reduce violence.
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8
VIOLENCE IN GENERAL
In recent decades, Americans have witnessed increasing violence in different
forms and in varying degrees. Such complex and vexing issues as racial and
socioeconomic inequities in communities, as well as drug-related and gang-related
crime, have led to violent acts. Access to dangerous weapons – including previously
banned semiautomatic assault weapons – has increased. The consequences of
violence can be deadly. According to the U.S. Centers for Disease Control and
Prevention (CDC), an estimated 50,000 persons in the United States die each year
from violence-related injuries.1
With respect to federal laws related to violence prevention, it is notable that
Congress – as is often the case – reacts to major events of the day by enacting new
laws. For example, in the context of discouraging violence related to deadly
weapons, the National Firearms Act of 1934 was enacted in order to restrict access
to the deadly weapons that were used during the heyday of organized crime in the
United States. Similarly, the Omnibus Crime Control and Safe Streets Act of 1968
was signed into law following the assassinations of Senator Robert F. Kennedy (DNY) and civil rights leader Dr. Martin Luther King, Jr. Public policy advocacy
emphasizing high-profile incidents can lead to the passage of legislation which
responds to compelling social needs.
In other instances, Congress has memorialized names of the victims of deadly
violence in order to draw attention to the need to prevent similar violent acts. For
example, the Brady Handgun Violence Prevention Act of 1993 – the landmark law
instituting a national instant criminal background check system and waiting period
prior to the purchase of handguns – was named after President Ronald Reagan’s
former press secretary James Brady, who was permanently disabled as a result of
handgun violence during the 1981 assassination attempt on the President. Another
1
Centers for Disease Control and Prevention, “Surveillance for Violent Deaths --- National Violent Death
Reporting System, 16 States, 2007,” Morbidity and Mortality Weekly Report, May 28, 2010 (http://www.cdc.gov/mmwr/)
(hereinafter MMWR).
9
example is the Adam Walsh Child Protection and Safety Act addressing concerns
about violent sex offenders, named after the six-year-old murder victim whose father
John Walsh became a prominent child protection advocate and the host of the
television program “America’s Most Wanted.” Additionally, Megan’s Law, a federal
statute ensuring that members of the public have information about the presence of
sex offenders in their local communities, was inspired by the case of a seven-year-old
New Jersey girl who was sexually assaulted and murdered by a known child molester
who moved across the street from her family.
There are encouraging reports about recent decreases in instances of violent
crime. Preliminary figures for 2009 indicate that, for the third year in a row, the rate of
violent crime in the United States decreased. The Federal Bureau of Investigation
(FBI) has reported that for January to December 2009, violent crime decreased by 5.5
percent.2 The FBI reported that all four categories of violent crime declined compared
to 2008 – with robbery down 8.1 percent; murder reduced by 7.2 percent; aggravated
assault down 4.2 percent; and forcible rape reduced by 3.1 percent. 3
Nonetheless, we are confronted each day with the constant threat of violence –
violence in our communities, violence in the media, and violence over the Internet.
Violence touches all ages and all segments of our society: children are abused and
neglected; domestic violence leaves countless victims injured or dead; weapons claim
hundreds of young lives; and violence on school campuses represents a growing
problem. Meantime, violence related to high technology constitutes a new and
dangerous threat that includes everything from reported incidences of kidnapping by
online predators to cyberbullying by teens who prey on their own classmates.
As the FBI notes, “despite the decreases we have noted in 2009 crime levels,
law enforcement agencies around the country – including the FBI – have not lessened
efforts to investigate these crimes, and we continue to work with one another to
develop strategies to combat and prevent violence and crime in our communities.”4 All
forms of violence are harmful to individuals and families, and jeopardize our ability to
2
Federal Bureau of Investigation, 2009 Crime in the United States: Preliminary Annual Uniform Crime Report, May 24,
2010 (http://www.fbi.gov/page2/may10/crime_052410.html).
3
Id.
4
Id.
10
maintain and build healthy communities. Violence must be deterred to the maximum
extent possible through appropriate public policy and community efforts.
The Influence of Violent Events Over Policy:
1968 Assassinations
Before enactment of the first federal statute addressed in this report –
the landmark Omnibus Crime Control and Safe Streets Act of 1968 –
Congress had been working on a comprehensive crime control and
violence prevention bill for several years. These efforts began soon
after the assassination of President John F. Kennedy in November 1963,
and resulted in this act signed by President Lyndon B. Johnson less than
two weeks following the assassination of Senator Robert F. Kennedy (DNY), and two months after the assassination of Dr. Martin Luther King,
Jr.
In the days and weeks following Dr. King’s assassination, riots had erupted
in many major American cities. In Washington, D.C., federal troops
occupied the city to control rioting that resulted in burning over 1,000
buildings, and thousands of protesters demonstrated in close proximity to
the White House. Thus, the efforts by Congress to address violent crime
through this landmark legislation were influenced by concerns over these
tragic incidents of violence, and by the relative lack of control over access
to deadly weapons in the United States.
Laws Relating to Violence in General
The Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351,
established the Law Enforcement Assistance Administration, an office which was
superseded by the Department of Justice’s (DOJ’s) Office of Justice Programs. The
law authorized grants to fund criminology and criminal justice research, including
research focused on societal aspects of crime; public education relating to crime
prevention; education and training of special law enforcement units to combat
organized crime; and the organization, education, and training of regular law
enforcement officers, special units and reserve units for the prevention and detection of
riots and other civil disorders. The law also established a National Institute of Law
Enforcement and Criminal Justice to make grants for training, education, research, and
demonstration to improve law enforcement and develop new methods for the
prevention and reduction of crime.
11
The Comprehensive Crime Control Act of 1984, Public Law 98-473, overhauled the
federal sentencing system and revised bail and forfeiture procedures, along with other
federal criminal law practices, and established the DOJ Office of Justice Programs.
The Crime Control Act of 1990, Public Law 101-647, established the Edward Byrne
Memorial State and Local Law Enforcement Assistance program, intended to help
states improve the function of their criminal justice systems, prevent crime, and enforce
drug laws. The law also provided funding to help states build effective prison systems,
as well as alternatives to incarceration, and established new grant programs pertaining
to criminal investigation and prosecution.
The Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322,
authorized funding for crime prevention programs under the Violent Crime Reduction
Trust Fund and assistance to law enforcement through the Community Oriented
Policing Services (COPS) program. The law also increased the number of federal
crimes punishable by death, including a “three strikes” provision requiring a sentence
of life imprisonment for three-time violent offenders. The law required state prison
officials to notify appropriate agencies of sexually violent offenders’ release; required
states to implement programs mandating that sexually violent predators register with
law enforcement agencies for ten years after release from prison; and doubled the
maximum term of imprisonment for those who are convicted of repeated violent sex
crimes. Additionally, the law allowed victims of violent and sex crimes to speak at
court sentencing and required sex offenders and child molesters to pay restitution to
their victims.
The Trafficking Victims Protection Act of 2000, Public Law 106-386, was the first
comprehensive federal law enacted to protect victims of trafficking and prosecute
traffickers. The goals were to prevent human trafficking overseas, protect victims and
help them rebuild their lives in the U.S. with federal and state support, and prosecute
traffickers under tough federal penalties.
Grants and Assistance Programs Relating to
Violence in General
Public Awareness and Outreach for Victims in Underserved
Communities. This program of DOJ’s Office for Victims of Crime
enhances underserved persons’ knowledge about crime victims’ rights
and access to victims’ services and resources.
National Violent Death Reporting System. The CDC’s National
Violent Death Reporting System assists state governments in creating
a comprehensive surveillance system including data from multiple
agencies.
12
Recent Congressionally Directed Appropriations
for Projects Relating to Violence in General
•
$850,000 for the Hope Through Housing Foundation, Rancho
Cucamonga, California, for the After-School and Beyond
Violence Prevention Project. (DOJ Appropriations)
•
$500,000 for LIGALY, Bayshore, New York for the Anti-Violence
Project. (DOJ Appropriations)
•
$350,000 for the City of New Haven, Connecticut, for the AntiViolence Community Outreach and Law Enforcement Program.
(DOJ Appropriations)
•
$300,000 for the YWCA of McLean County, Illinois, for a violence
prevention and intervention initiative. (DOJ Appropriations)
•
$300,000 for programs of the Institute for the Study and Practice
of Nonviolence, Providence, Rhode Island. (DOJ Appropriations)
•
$300,000 for Hartford Behavioral Health, Inc., for the Stump the
Violence Youth Leadership Institute. (DOJ Appropriations)
•
$250,000 for the Martin Luther King, Jr. Freedom Center,
Oakland, California, for the Youth Non-Violent Leadership
Program. (DOJ Appropriations)
•
$215,000 for the City of East Palo Alto, California, for a violence
prevention initiative. (DOJ Appropriations)
•
$200,000 for the Northwest Missouri Interagency Team
Response Operation for the Multi-Jurisdictional Drug and Violent
Offender Task Force. (DOJ Appropriations)
•
$200,000 for St. Joseph’s University, Philadelphia, Pennsylvania,
for the Institute for Violence Research and Prevention. (DOJ
Appropriations)
•
$100,000 for Uhlich Children, Chicago, Illinois, for a violence
prevention and youth leadership program. (DOJ Appropriations)
•
$100,000 for the Urban League of Greater Cincinnati, Ohio for an
initiative to reduce violence. (DOJ Appropriations)
•
$24,000 for programs of Man Engaged in Nonviolence, Taos,
New Mexico. (DOJ Appropriations)
13
Pending Legislation Relating to
Violence in General
H.R. 2616, Securing American Families by Educating and Training Youth
(SAFETY) Through Nonviolence Act. The bill authorizes DOJ to award grants to
state and local governments, educational institutions, nonprofit organizations, and
faith-based entities to prevent or alleviate the effects of community violence by
educating, mentoring, and counseling youth regarding the principles and application of
nonviolence in conflict resolution. It gives grant priority to communities experiencing
an increase in violence but lacking the resources to address violence prevention.
Sponsor: Representative John Lewis (D-GA). Status: Introduced on May 21, 2009.
H.R. 2924, Presidential Commission to Study the Culture and Glorification of
Violence in America Act. The bill establishes a commission to examine the
glorification of violence in the United States; the relationship between psychological
factors and increased violence; the role of media; the correlation between economic
frustration and increased violence; the correlation between ease of access to firearms
and increased violence; and the role of the schools in preventing violent behaviors and
identifying potential perpetrators of violence. Sponsor: Representative Alcee
Hastings (D-FL). Status: Introduced on June 17, 2009.
S. 714, National Criminal Justice Commission Act. The bill establishes a national
commission to review all areas of federal and state criminal justice costs, practices,
and policies; makes specified findings relating to incarceration, prison administration,
the impact of gang activity, drug policy, mental illness among prisoners and the role of
the military in crime prevention; makes recommendations for changes in policies and
laws to address findings; consults with government and nongovernmental leaders,
including state and local law enforcement officials; and submits a final report to
Congress and the President. Sponsor: Senator Jim Webb (D-VA). Status: Approved
by the Senate Judiciary Committee on January 26, 2010.
14
Resolutions Relating to Violence in General
H.Con.Res.227, National Urban Crimes Awareness Week. The resolution promotes
public education about urban violence, and that it is appropriate to acknowledge
victims of urban violence and to commend efforts to prevent such violence. It also
calls for recognition of national and community organizations for their work in
promoting awareness about urban violent crimes and in assisting victims, families, and
survivors of such crimes; public safety, law enforcement, and health professionals for
their efforts to combat urban violent crime; and victim advocates and criminal justice
professionals for their work in establishing alternatives to incarceration and
rehabilitation programs for offenders and victims alike. Additionally, the resolution
urges promotion of awareness of violent urban crimes and strategies to decrease
crime. Sponsor: Representative Edolphus Towns (D-NY). Status: Passed the
House on February 25, 2010.
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16
VIOLENCE INVOLVING
CHILDREN
Many children in our society regularly suffer from abuse, neglect and violence.
According to federal government statistics compiled by Childhelp, a nonprofit
advocacy organization, over three million child abuse cases are reported every year
in the United States, including individual reports of abuse involving multiple children.5
In 2007, approximately 5.8 million children were involved in an estimated 3.2 million
child abuse reports and allegations.6 Childhelp indicates that a report of child abuse
is made every ten seconds; almost five children die every day as a result of child
abuse; and more than three out of four of them are under the age of four.7 Homicide
reportedly is the fourth leading cause of death for those under 10 years of age; it is
second leading cause of death for persons aged 15–24 years; and the third leading
cause for those aged 10–14.8 As is evident by the number of federal laws that have
been enacted in this area, Congress has been very attuned to ongoing threats
against children.
There may have recently been a reduction in the instances of child abuse. A
national study by the Crimes Against Children Research Center published in the
Archives of Pediatric and Adolescent Medicine in March 2010 found that reported
instances of harassment, sexual assault, and other violence against children declined
substantially between 2003 and 2008. The study found that the percentage of
children who reported physical harassment declined from 22 percent to 15 percent,
while children reporting sexual assault dropped from 3.3 percent to 2 percent.9
5
Childhelp, Inc., National Child Abuse Statistics (http://www.childhelp-usa.net/pages/statistics#gen-stats).
6
Id.
7
Id.
8
MMWR, supra note 1.
9
David Finkelhor, Ph.D.; Heather Turner, Ph.D.; Richard Ormrod, Ph.D.; and Sherry L. Hamby, Ph.D., Trends in
Childhood Violence and Abuse Exposure: Evidence From 2 National Surveys, Arch. Pediatr. Adolesc. Med., Vol. 164, No. 3
(March 2010).
17
Supreme Court Ruling Permits Indefinite Detention of Violent Sex Offenders
The Supreme Court recently ruled in favor of long term confinement of persons
adjudicated as sexually violent offenders. On May 17, 2010, the court ruled in United
States v. Comstock that federal officials can indefinitely hold inmates considered
“sexually dangerous” after their prison terms are completed.
The Supreme Court decision involved interpretation of the constitutionality of the
Adam Walsh Child Protection and Safety Act (a law profiled in this report), authorizing
civil commitment of sexually dangerous federal inmates. The Act was challenged by
four men who served prison terms ranging from three to eight years for possession of
child pornography or sexual abuse of a minor. Their confinement was supposed to
end more than two years earlier, but prison officials testified that there would be a risk
of sexually violent conduct or child molestation if they were released.
The ruling reversed a decision of the U.S. Court of Appeals for the Fourth Circuit,
which had ruled Congress overstepped its authority by allowing the government to
indefinitely hold sexually dangerous offenders. The Supreme Court’s ruling
overturning the Fourth Circuit’s decision, written by Associate Justice Stephen Breyer,
stated that the Adam Walsh Act “is a ‘necessary and proper’ means of exercising the
federal authority that permits Congress to create federal criminal laws, to punish their
violation, to imprison violators, to provide appropriately for those imprisoned and to
maintain the security of those who are not imprisoned by who may be affected by the
federal imprisonment of others.” United States v. Comstock.
Laws Relating to Violence Involving Children
The Child Abuse Prevention and Treatment Act of 1974, Public Law 93-247, is the
principal statute addressing child abuse and neglect. The law authorized state grants
to address child abuse prevention, assessment, investigation, prosecution, and
treatment activities. It also authorized community-based child abuse prevention grants,
and grants to public agencies and nonprofit organizations for discretionary research
and demonstration programs and projects. Additionally, it established the Office of
Child Abuse and Neglect and the National Clearinghouse on Child Abuse and Neglect
Information within the Administration for Children and Families, a part of the
Department of Health and Human Services (HHS).
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The Missing Children’s Assistance Act of 1982, Public Law 97-292, authorized DOJ
to collect and exchange information to assist in the identification of unidentified
deceased individuals and the location of missing persons, including missing children.
It enabled families to guarantee that information about their missing child is properly
entered into the FBI’s National Crime Information Center databases.
The Missing Children’s Assistance Act of 1984, Public Law 98-473, established the
Missing and Exploited Children’s Program within DOJ as a national clearinghouse and
resource center. It also established a toll-free telephone line handling information
about missing and sexually exploited children, and providing assistance to families and
law enforcement searching for missing children.
The Child Abuse Prevention, Adoption and Family Services Act of 1988, Public
Law 100-294, established an Inter-Agency Task Force on Child Abuse and
Neglect. The law broadened the scope of ongoing federal research to include
investigative and judicial procedures applicable to child abuse cases and the national
incidence of child abuse and neglect. It also established a national system to collect
standardized data on the number of deaths due to child abuse and neglect.
The Victims of Child Abuse Act of 1990 (enacted as part of the Crime Control Act of
1990, Public Law 101-647) provided the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) within DOJ with program funding authority for the court appointed
special advocate program, child abuse training programs for judicial personnel,
criminal investigators and prosecutors, and treatment for juvenile offenders who are
victims of child abuse or neglect.
The Child Abuse, Domestic Violence, Adoption, and Family Services Act of 1992,
Public Law 102-295, revised provisions for research and assistance activities to
include cultural distinctions relating to child abuse and neglect, culturally sensitive
procedures with respect to child abuse cases, and the relationship of child abuse and
neglect to cultural diversity. The act authorized grants to states in supporting
community-based child abuse and neglect prevention activities.
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act of 1994, Public Law 103-322, prescribed a 10-year registration
requirement for offenders convicted of sexually violent offenses or criminal offenses
against a victim who is a minor. Sexually violent predators were prescribed additional
registration requirements.
Megan’s Law of 1996, Public Law 104-145, based on a law passed by the New
Jersey legislature in 1994, required state law enforcement authorities to make
information available to the public regarding registered sex offenders, such as the
offender’s name, picture, address, incarceration date, and nature of crime. Individual
states decide what information should be made available and how it should be
disseminated. The information can be displayed on free public websites, and can also
be published in newspapers, and pamphlets.
19
The Pam Lychner Sexual Offender Tracking and Identification Act of 1996, Public
Law 104-236, established a national FBI database to track each person who has been
convicted of a criminal offense against a minor or a sexually violent offense. It required
lifetime registration for recidivists and offenders who commit certain aggravated
offenses.
The Keeping Children and Families Safe Act of 2003, Public Law 108-36, intended
to help states improve practices in preventing and treating child abuse and neglect,
included a state grant program for improving child protective services system
infrastructure; a discretionary grant program for research, program demonstrations,
training, and other innovative activities; and a grant program focused on communitybased prevention efforts.
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children
Today (PROTECT) Act of 2003, Public Law 108-21, provided for mandatory life
imprisonment of sex offenses against a minor if the offender has had a prior conviction
of abuse against a minor, and authorized monitoring of communications in cases
related to child abuse or kidnapping.
The Justice for All Act of 2004, Public Law 108-405, was enacted to protect crime
victims’ rights, eliminate the backlog of DNA samples collected from crime scenes and
convicted offenders, and improve and expand the DNA testing capacity of federal,
state, and local crime laboratories. The law required prosecutors to let victims know
that they can seek the advice of an attorney about the rights established by the Act;
allowed victims to file motions to reopen a plea or a sentence in certain circumstances;
and mandated that victims have the right to be reasonably heard at any public
proceeding involving release, plea, or sentencing.
The Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248,
organized sex offenders into three tiers. It mandated that Tier Three offenders (the
most serious tier) update their whereabouts every three months, with lifetime
registration requirements; Tier Two offenders must update their whereabouts every six
months with 25 years of registration; and Tier One offenders (which includes minors as
young as 14 years of age) must update their whereabouts every year, with 15 years of
registration. The law also created a national sex offender registry and mandated that
states apply uniform criteria for posting offenders’ location and other data on the
Internet.
20
Grants and Assistance Programs Relating to
Violence Involving Children
Project Linking Actions to Unmet Needs of Children’s Health
(Project LAUNCH). This Substance Abuse and Mental Health
Services Administration (SAMHSA) program supports a vision of
communities in which families participate in a seamless set of local
programs, supports, and services that promote healthy early childhood
development and supportive family environments. The Project
LAUNCH grant program provides funds to localities through state
agencies in order to plan for and build these integrated and
comprehensive health/behavioral health prevention and promotion
programs, practices, and services. Programs are administered by a
partnership between local mental health, primary health care,
substance abuse prevention, social services, and early childhood/
elementary educational systems.
National Child Traumatic Stress Initiative: Treatment and Services
Adaptation Centers. This program provides national expertise on
specific types of traumatic events, population groups, and service
systems, and supports the specialized adaptation of effective treatment
and service approaches for communities, thereby improving treatment
and services for children and adolescents who have experienced
traumatic events. The National Child Traumatic Stress Network works
collaboratively to develop and promote effective community practices
for children and adolescents exposed to a wide array of traumatic
events. The program provides national expertise and identifies and
adapts effective treatment and services for specific types of trauma,
types of trauma interventions, and/or traumatized populations. Grants
support an array of activities to help the grantee build a solid foundation
for delivering and sustaining effective mental health services for child
trauma. Grantees pursue diverse strategies and methods to achieve
capacity expansion goals.
Child Sexual Predator Program. This is a targeted DOJ grant
initiative that provides direct funding to law enforcement agencies to
establish and/or enhance strategies to locate, arrest, and prosecute
child sexual predators and exploiters, and to enforce state sex offender
registration laws.
National Evaluation of Safe Start Promising Approaches. This DOJ
program supports practice enhancements and innovations to prevent
and reduce the impact of children’s exposure to violence in their homes
and communities. Grant categories include Strategic Enhancement,
21
which improves an ongoing evidence-based model, and Practice
Innovation, which implements a strategy/intervention based on theory
and scientific literature which has yet to be evaluated rigorously.
Title V Program Grants for Child Abuse and Neglect. DOJ’s Title V
program funds initiatives that provide treatment to victims of child abuse
or neglect, and to their families, to reduce the likelihood that such at-risk
youth will commit violations of law.
Promoting Child and Youth Safety: Community Initiatives and
Public Awareness. The purpose of this DOJ program is to help
communities develop and implement evidence-based, field-initiated
demonstration projects that promote child and youth safety, and to
provide resources and expertise to help communities develop effective
public awareness strategies about youth safety.
Children Exposed to Violence Demonstration Program. This DOJ
demonstration program is intended to combat violence through a
comprehensive approach to prevention, intervention, treatment, and
response for children and their families exposed to violence in the home,
school, and community. The program aims to help communities
strategically plan this comprehensive approach to both prevent and
reduce the negative impacts of violence.
Action Partnerships for Professional Membership and Professional
Affiliation Organizations Responding to Children Exposed to and
Victimized by Violence. This program is intended to improve the
capacity of professional and community service organizations to
advance victims’ rights and improve victims’ services, with a focus on
children exposed to or victimized by violence. The purpose is to create
partnerships among the Office of Victims of Violence, the victim services
field, and professional and community service organizations to advance
victims’ rights and services through training, public awareness, and
educational efforts.
Recent Congressionally Directed
Appropriations for Projects Relating to
Violence Involving Children
•
$1,875,000 for the National Council of Juvenile and Family Court
Judges, Reno, Nevada for child abuse training programs for
judicial personnel. (DOJ Appropriations)
22
•
$550,000 for County of Contra Costa, Martinez, California for an
initiative for children and adolescents exposed to domestic
violence. (HHS/Administration for Children and Families
Appropriations)
•
$500,000 for the Community Foundation for Greater New Haven,
Connecticut, for interventions for children and families exposed
to violence and trauma. (DOJ Appropriations)
•
$500,000 for Prevent Child Abuse Vermont, Montpelier, Vermont
to expand the SAFE-T Prevention Program. (HHS/
Administration for Children and Families Appropriations)
•
$500,000 for Parents Anonymous, Inc, Claremont, California for
a national parent helpline to prevent child abuse and neglect.
(HHS/Administration for Children and Families Appropriations)
•
$500,000 for Mission Kids Child Advocacy Center, Norristown,
Pennsylvania, for child abuse and advocacy programs. (DOJ
Appropriations)
•
$400,000 for Wynona’s House, Newark, New Jersey for a child
sexual abuse intervention program. (HHS/Administration for
Children and Families Appropriations)
•
$400,000 for Kingberg Family Centers, Hartford, Connecticut, for
child abuse treatment services. (DOJ Appropriations)
Pending Legislation Relating to
Violence Involving Children
H.R. 1149/H.R. 1422, Child Protection Reauthorization Act. The legislation extends
funding for the Sex Offender Management Assistance program; federal assistance to
states for enforcing sex offender registration requirements; pilot programs for
monitoring sex offenders; grants to combat sexual abuse of children; the Jessica
Lunsford address verification grant program; and the program for safe surrender of
fugitives. Sponsor: Representative Ginny Brown-Waite (D-GA) introduced H.R. 1149,
and Representative Lamar Smith (R-TX) introduced H.R. 1422. Status: H.R. 1149
was introduced on February 24, 2009, and H.R. 1422 was introduced on March 10,
2009.
23
H.R. 1623/H.R. 5138, International Megan’s Law. Requires registered sex offenders
to notify appropriate jurisdictions of their intent to travel not later than 21 days before
their departure or arrival in the United States. Imposes a fine and/or prison term of up
to 10 years for failure to report such travel. Requires diplomatic or consular missions in
each foreign country to establish and maintain a countrywide sex offender registry for
sex offenders from the United States who temporarily or permanently reside in such
country. Sponsor: Representative Christopher Smith (R-NJ) introduced both bills.
Status: H.R.1623 was introduced on March 19, 2009, and H.R.5138 was introduced
on April 26, 2010.
H.R. 2737/S. 3184, Child Protection Compact Act. Authorizes the Secretary of
State, through the Ambassador-at-Large of the Department of State's Office to Monitor
and Combat Trafficking in Persons, to provide assistance (grants, cooperative
agreements, or contracts) for an eligible country with a significant prevalence of
trafficking in children that enters into a Child Protection Compact with the United States
to support policies and programs to eradicate the trafficking of children.
Sponsors: Representative Christopher Smith (R-NJ) introduced H.R.2737, and
Senator Barbara Boxer (D-CA) introduced S.3184. Status: H.R.2737 was introduced
on June 4, 2009, and S.3184 was introduced on March 25, 2010.
H.R. 3474/S. 1554, Safe Babies Act. The bill authorizes technical assistance to local
court teams to promote the well-being of maltreated infants and toddlers and their
families, prevent the recurrence of child abuse and neglect, and promote timely
reunification of families. It directs assistance to infants and toddlers who are victims of
physical abuse, neglect, medical neglect, sexual abuse, or emotional abuse. The bill
establishes National Court Teams for Maltreated Infants and Toddlers Resource
Center to provide information, training, and other assistance to local court teams that
conduct monthly reviews of cases handled by such teams; incorporates child-focused
services into case plans for maltreated infants and toddlers; organizes training of
community members working with court teams; identifies areas for improvement in
providing mental health and substance abuse treatment for families; and prioritizes
after-care services for families. Sponsors: Representative Rosa DeLauro (D-CT)
introduced H.R. 3474, and Senator Tom Harkin (D-IA) introduced S.
1554. Status: Both bills were introduced on July 31, 2009.
H.R. 3513, Prevention and Deterrence of Crimes Against Children Act. Amends
the federal criminal code to increase criminal penalties for offenses relating to the
sexual exploitation of children and child pornography, transportation of minors for illicit
sexual purposes, child sex trafficking and prostitution, and sex crimes against children
resulting in death. Sponsor: Rep. Steve Scalise (R-LA). Status: Introduced July 31,
2009.
H.R. 4642/S. 3003, Shaken Baby Syndrome Prevention Act. The bill requires HHS
to develop a National Action Plan and effective strategies for prevention of Shaken
Baby Syndrome, and to coordinate the plan and strategies with evidence-based
strategies and efforts that support families with infants and other young children. It
24
directs HHS to carry out communication, education, and training about Shaken Baby
Syndrome prevention, including efforts to communicate with the general public, such
as by disseminating effective prevention practices and techniques to parents and
caregivers, producing evidence-based educational and informational materials, and
carrying out training. It also requires HHS to work to ensure that the parents and
caregivers of children are connected to effective supports through the coordination of
existing programs and networks or the establishment of new programs. Sponsors:
Representative Nita Lowey (D-NY) introduced H.R. 4642, and Senator Christopher
Dodd (D-CT) introduced S. 3003. Status: S. 3003 was introduced on February 4,
2010, and H.R. 4642 was introduced on February 22, 2010.
H.R. 5575/S. 2925, Domestic Minor Sex Trafficking Deterrence and Victims
Support Act. Authorizes the Assistant Attorney General for the Office of Justice
Programs to award one-year block grants to up to six state or local governments in
different regions of the United States that have significant sex trafficking to combat
such trafficking. Requires grant funds to be used to provide shelter and services to
victims of sex trafficking and for training for law enforcement and social service
providers. Sponsors: Representative Carolyn Maloney (D-NY) introduced H.R.5575,
and Senator Ron Wyden (D-OR) introduced S.2925. Status: H.R.5575 was
introduced on June 23, 2010. S.2925 was introduced on December 22, 2009 and
hearings were held by the Committee on the Judiciary’s Subcommittee on Human
Rights and the Law on February 24, 2010.
S. 1370, Violence Against Children Act. The bill directs DOJ to provide technical,
forensic, prosecutorial, and other assistance to state and local governments for the
criminal investigation or prosecution of felonies against persons under 18 years of age,
and 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 for such crimes. It requires HHS to
develop model training and caseload standards for child guardians in child abuse and
neglect cases. It also includes Mynisha’s Law, authorizing a local government to apply
for designation as a high intensity gang activity area. It allows the use of school
security grants for the placement of surveillance equipment in schools, and the
establishment of hotlines for reporting potentially dangerous students and
conditions. Finally, the bill establishes an interagency task force to develop advisory
school safety guidelines. Sponsor: Senator Barbara Boxer (D-CA). Status:
Introduced on June 25, 2009.
25
Resolutions Relating to
Violence Involving Children
H.Res. 337, National Child Abuse Prevention Month. The resolution is intended to
increase awareness of child maltreatment and encourage individuals and communities
to support children and families. It recognizes national and community organizations
for their work in promoting awareness about child maltreatment, including identifying
risk factors and developing prevention strategies, and urges reporting of abuse or
obtaining help. Sponsor: Representative Kay Granger (R-TX). Status: Passed the
House on April 29, 2009.
H.Res. 485/S.Res. 104, National Shaken Baby Syndrome Awareness Week. The
resolution commends organizations that are working to increase awareness of the
danger of shaking young children, educating caregivers on protecting children from
injuries caused by abusive shaking, and helping families cope with the challenges of
child rearing and other stresses. Sponsor: H.Res. 485 was introduced by
Representative Nita Lowey (D-NY), and S.Res. 104 was introduced by Senator
Christopher Dodd (D-CT). Status: S.Res. 104 was introduced on April 20, 2009, and
H.Res. 485 was introduced on May 21, 2009.
H. Res. 1379, Expressing the Sense of the Congress with Respect to Domestic
Sex Trafficking of Minors. Urges states to enact laws that address the crime of
domestic sex trafficking of minors. Encourages the Department of Health and Human
Services (HHS) to establish the pilot shelter for juvenile trafficking victims authorized
by the Trafficking Victims Protection Reauthorization Act of 2005. Sponsor:
Representative Ted Poe (R-TX). Status: Introduced on May 19, 2010.
26
VIOLENCE AGAINST WOMEN
& DOMESTIC VIOLENCE
The DOJ Office of Violence Against Women has made the following
observation about the threat posed by violence against women and domestic
violence:
Violence against women is the seed to so many other forms of
violence. This shift in our conversation must happen because violence
against women continues to have devastating effects on entire
communities. When children witness violence in the home, those
children are impacted by what they have seen and often experienced
themselves. If we want to tackle violence in our country, in our
communities, then we must address the violence that occurs in so
many homes. And all members of the community must be engaged to
end the violence.10
Domestic violence often involves a pattern of abusive behavior used by a
partner in an intimate relationship to gain power and control over another partner.
While women are most often the victims of domestic violence, men may also be
victims. The violence can be physical, sexual, emotional, economic, or psychological
actions or threats of actions. It also includes stalking – a pattern of unwanted
attention or harassment causing a victim to feel fear. Domestic violence affects not
only victims, but also family members, friends, and communities. Exposure by
children to violence in their home not only predisposes them to social and physical
problems, but also teaches them that violence is a normal way of life.
Domestic violence does not just involve married couples or traditional families;
it may also involve unmarried intimate partners who are living together or dating.
Dating violence can result in bodily injury or death. A relevant tragedy occurred early
in 2010 involving the violent beating death of a University of Virginia senior woman at
the hands of a classmate and former boyfriend, who reportedly had a record of prior
arrests and violent episodes.
10
Office of Violence Against Women, U.S. Department of Justice, About Domestic Violence, 2010 (http://
www.ovw.usdoj.gov/domviolence.htm).
27
Laws Relating to Violence Against
Women & Domestic Violence
The Family Violence Prevention and Services Act of 1984 (enacted as part of the
Child Abuse Amendments of 1984, Public Law 98-457) addressed public awareness
and prevention of family violence and authorized funding for victim assistance,
counseling, emergency shelters, crisis lines, and programs for underserved
communities.
The Violence Against Women Act of 1994, Public Law 103-322, was the first
comprehensive law addressing violence against women in the United States. It was
intended to improve the nation’s response to domestic, sexual and dating violence, and
stalking. The act established the DOJ Office of Violence Against Women, and
authorized programs to improve the law enforcement responses, train judges on the
dynamics of violence and abuse, and provide supportive services, such as transitional
housing, to women and their children forced to leave their homes because of
violence. The 2005 reauthorization of the law added new provisions to help children
exposed to violence, train health care providers to support victims of abuse, and
provide crisis services for victims of rape and sexual assault.
The Patient Protection and Affordable Care Act, Public Law 111-148, and the
Health Care and Education Reconciliation Act, Public Law 111-152, (health care
reform law), included provisions to provide assistance and protect health care benefits
for victims of domestic violence. The law will generally improve access to health care,
which will allow women and children who are victims of abuse to gain improved access
to treatment and counseling services. The law also names domestic violence as part of
the National Prevention and Health Promotion Strategy, which will set specific goals
and objectives over the next five years through federally-supported prevention, health
promotion, and public health programs.
The new health reform law also makes it unlawful for health insurers to deny coverage
to victims of domestic violence because their abuse may be considered a preexisting
condition. Therefore, victims of domestic violence will be able to disclose to their health
care providers the cause of their injuries without fear of losing their health
insurance. Previously, there was no federal law barring insurance companies from
discriminating against victims by designating domestic violence, or an injury or
condition caused by domestic violence, to be a preexisting condition. Congresswoman
Lucille Roybal-Allard (D-CA) championed this provision in the new law.
Additionally, the health reform law includes significant funding for expansion of home
visitation programs that provide health care and social supports to pregnant women
and new mothers. These programs are believed to be successful in reducing child
abuse, and the new law expands their capacity to address domestic violence. The law
also establishes a new grant program to provide intervention and supportive services,
including housing, vocation counseling and group counseling, for pregnant women and
youth who are victims of violence.
28
Grants and Assistance Programs Relating to
Violence Against Women & Domestic Violence
Violence Against Women National On-Line Resource Center and
E-Learning Community of Practice. This CDC grant program
supports online resources and professional training for practitioners
working to increase knowledge about the primary prevention of intimate
partner violence and sexual violence. It is intended to build capacity
among local, state and national agencies and organizations to develop,
implement and evaluate such violence prevention programs.
Mental Health Consequences of Violence and Trauma: Research
on Teen Dating Violence. Under this program, the Substance Abuse
and Mental Health Services Administration (SAMSHA) funds
investigator-initiated research projects involving behavioral and/or
biomedical research aimed at better understanding the factors that lead
to, and means to reduce incidences of teen dating violence. Grants
also fund projects that examine the linkages and gaps among
perceptions of appropriate responses to teen dating violence from
service providers, the criminal justice system, teens, victims,
perpetrators and bystanders.
Services for American Victims of Domestic Violence Abroad.
This competitive CDC demonstration program is intended to support an
organization that will provide a continuum of services to American
citizens experiencing family violence while living in a foreign
country. The grant will fund a range of services to victims of violence
including crisis hotline support, safety planning, counseling referrals,
relocation assistance, and legal assistance. It will also fund
development of a series of bulletins addressing the critical issues for
domestic violence services provided to victims abroad and the need for
service coordination with providers in the United States to ensure a
continuum of services to those victims who elect to return to this
country.
Research and Evaluation on Children Exposed to Family Violence.
The DOJ National Institute of Justice program funds multidisciplinary
research and evaluation related to childhood exposure to family
violence and the impact of domestic violence on child custody
decisions. Funded projects address interventions, justice system
responses, and child development, coping, and resilience. Grants only
address violence that occurs in the home and excludes violence within
the school, community, or popular culture, such as television, movies,
music, and video games.
29
Research and Evaluation on Sexual Violence and Teen Dating
Violence. This program funds research to increase women’s safety
and improve government responses to sexual violence and teen dating
violence. Funded research will address the criminal justice system’s
response to sexual violence; the extent of the problem of teen dating
violence and characteristics of abusive teen relationships; and
evaluation of teen dating violence programs.
Grants to Reduce Domestic Violence, Dating Violence, Sexual
Assault, and Stalking On Campus Program. This DOJ Office of
Violence Against Women program addresses domestic violence, dating
violence, sexual assault and stalking on college campuses. It is
designed to encourage institutions of higher education to adopt
comprehensive, coordinated responses to domestic violence, dating
violence, sexual assault, and stalking. Funded projects strengthen oncampus victim services, security, and investigative strategies to prevent
and prosecute violent crimes against women on campuses. Grantees
must provide education on violence against women for all incoming
students, train campus law enforcement or security staff on appropriate
responses to violence against women, train members of campus
judicial or disciplinary boards on the unique dynamics of violence
against women, and create a coordinated community response to
violence against women to enhance victim safety and assistance as
well as hold offenders accountable.
Grants to Enhance Culturally and Linguistically Specific Services
for Victims of Domestic Violence, Dating Violence, Sexual Assault
and Stalking Program. This DOJ Office of Violence Against Women
program creates an opportunity for community-based organizations to
address the critical needs of domestic violence, dating violence, sexual
assault and stalking victims in a manner that affirms a victim’s culture
and effectively addresses language and communication barriers. This
grant program is designed to promote the maintenance and replication
of existing programs. The program also supports the development of
innovative culturally and linguistically specific strategies and projects to
enhance access to services for victims who face obstacles to using
more currently available and traditional services and resources.
Health Care Provider Response to Violence Against Women:
Education, Training and Technical Assistance Program. This HHS
Office of Public Health and Science program is intended to provide
leadership in promoting the health equity for women and girls through
sex/gender-specific approaches. HHS has identified violence
prevention as a major goal for Healthy People 2010, and it is expected
to be an area of interest for Healthy People 2020. The program
promotes further efforts to ensure that all aspects of the health care
system respond appropriately to women and girls who are victims of
domestic violence and/or abuse.
30
Recent Congressionally Directed Appropriations
for Projects Relating to Violence Against Women
& Domestic Violence
•
$440,000 for San Jose State University Research Foundation,
San Jose, California, for the Community Collaborative Response
to Victims of Domestic Violence. (DOJ Appropriations)
•
$400,000 for the YWCAs of Hawaii and Maui counties, Hawaii,
for sexual assault and domestic violence services. (DOJ
Appropriations)
•
$400,000 for the YWCA of Greater Cincinnati, Ohio for a
domestic violence protection program. (DOJ Appropriations)
•
$400,000 for the Women’s Resource Center of Scranton,
Pennsylvania, for the Domestic Violence Reduction Initiative.
(DOJ Appropriations)
•
$400,000 for programs of the Sexual Assault Response Team,
Anchorage, Alaska. (DOJ Appropriations)
•
$325,000 for the Bluegrass Domestic Violence Program,
Lexington, Kentucky, for domestic violence transitional housing.
(DOJ Appropriations)
•
$300,000 for Unity House of Troy, New York for construction and
renovation of a domestic violence shelter. (Department of
Housing and Urban Development (HUD) Appropriations)
•
$300,000 for the University of Alabama, Tuscaloosa, Alabama
for a domestic violence law clinic. (DOJ Appropriations)
•
$300,000 for the City of Hondo, TX for construction of a new
shelter for women who have been victimized by physical abuse.
(HUD Appropriations)
•
$300,000 for Homestretch, Falls Church, Virgin Islands, for
homelessness and domestic violence programs. (DOJ
Appropriations)
•
$292,200 for YWCA of Yakima, Washington for upgrades to the
YWCA’s Bringing It Home supportive housing project for victims
of domestic violence. (HUD Appropriations)
•
$250,000 for Voorhees College, Denmark, South Carolina, for a
project addressing domestic violence against women. (DOJ
Appropriations)
31
•
$250,000 for the Women’s Center and Shelter of Greater
Pittsburgh, Pennsylvania, for a domestic violence support
program. (DOJ Appropriations)
•
$250,000 for the Essex County District Attorney, Salem,
Massachusetts, for the Child Abuse, Domestic Abuse and Sexual
Assault Specialized Prosecution Program. (DOJ Appropriations)
•
$250,000 for the Billings Clinic, Billings, Montana, for the Sexual
Assault Nurse Examiner Program. (DOJ Appropriations)
•
$250,000 for First Step, Taylor, Michigan, for a sexual assault
nurse examiner program. (DOJ Appropriations)
•
$200,000 for YWCA of St. Joseph County, Indiana, for the
Getting Ahead Project for domestic violence survivors and their
families. (DOJ Appropriations)
•
$200,000 for YWCA of Silicon Valley, San Jose, California, for a
rape crisis center. (DOJ Appropriations)
•
$200,000 for Tulane University, New Orleans, Louisiana, for a
domestic violence clinic. (DOJ Appropriations)
•
$200,000 for the Southeast Missouri Network Against Sexual
Violence, Cape Girardeau, Missouri, for enhanced victim
assistance. (DOJ Appropriations)
•
$200,000 for the New Mexico Coalition Against Domestic
Violence, Albuquerque, for Hispanic community outreach. (DOJ
Appropriations)
•
$200,000 for Safe Horizons, Port Huron, MI for domestic
violence service programs. (HHS Appropriations)
•
$200,000 for Safe Haven of Tarrant County, Fort Worth, Texas
for a domestic violence prevention initiative. (HHS/Health
Resources and Services Administration Appropriations)
•
$200,000 for Nassau University Medical Center, East Meadow,
New York for the Sexual Assault Response Team. (DOJ
Appropriations)
•
$200,000 for Lapeer Area Citizens Against Domestic Assault,
Lapeer, MI for domestic violence service programs. (HHS
Appropriations)
•
$200,000 for Eva’s Place, Sandusky, MI for domestic violence
service programs. (HHS Appropriations)
32
•
$200,000 for Alamo Area Rape Crisis Center, San Antonio,
Texas, for the National Online Hotline and Comprehensive
Services for Sexual Assault Survivors. (DOJ Appropriations)
•
$200,000 for Abused Women’s Aid in Crisis, Anchorage, AK for
infrastructure improvements at a center to serve victims of
domestic violence. (HUD Appropriations)
•
$150,000 for programs of the Pennsylvania Coalition Against
Domestic Violence, Harrisburg, Pennsylvania. (DOJ
Appropriations)
•
$150,000 for Huron County Safe Place, Bad Axe, MI for
domestic violence service programs. (HHS Appropriations)
•
$140,000 for Synergy Services, Parkville, Maryland, for the
Community Response to Domestic Violence Project. (DOJ
Appropriations)
•
$100,000 for Stearns County, Minnesota, for the Domestic
Violence Court. (DOJ Appropriations)
•
$100,000 for of the City of Los Angeles for the Domestic Abuse
Response Team. (DOJ Appropriations)
•
$100,000 for Chapman University, Orange, California, for a
domestic violence clinic. (DOJ Appropriations)
•
$100,000 for Cabrini College, Wayne, Pennsylvania, for
professional education and training related to domestic violence
services. (DOJ Appropriations)
Pending Legislation Relating to
Violence Against Women & Domestic Violence
H.R. 739, Security and Financial Empowerment (SAFE) Act. The bill sets forth
entitlement standards for employee use of emergency leave to address domestic
violence, dating violence, sexual assault, or stalking. It authorizes state use of funds
under the Temporary Assistance for Needy Families (TANF) program to provide
emergency benefits for victims of domestic or sexual violence on emergency leave. It
prohibits denial of unemployment compensation to individuals separated from
employment due to their experience of domestic or sexual violence, and requires
training of unemployment compensation and TANF personnel to provide necessary
services to victims of domestic or sexual violence. The bill also prohibits discriminatory
33
employer practices against victims of domestic or sexual violence, and prohibits denial
or restriction of insurance coverage based on the status of the applicant or insured as
a victim of domestic or sexual violence. Sponsor: Representative Lucille RoybalAllard (D-CA). Status: Introduced on January 28, 2009.
H.R. 789, Teen Dating Violence Prevention Act of 2009. The bill authorizes grants
for services and education and counseling programs for runaway and homeless youth
or other at-risk youth who are the victims of domestic or dating violence, sexual
assault, or stalking. Sponsor: Representative John Lewis (D-GA). Status:
Introduced on February 2, 2009.
H.R. 840, Military Domestic and Sexual Violence Response Act. The bill
establishes a Defense Department Office of the Victims’ Advocate to facilitate access
to services for victims of domestic or family violence, sexual assault, and stalking in the
military, and requires policies for victim assistance, family advocacy, and equal
opportunity programs to provide for a victims’ advocate program within each military
department. It authorizes contracts to support military crisis intervention services for
victims of family violence, and provides training on prevention of such violence. It
provides for employment of a sexual assault nurse examiner, a psychiatrist, and a
complimentary clinical team at each military treatment facility; and community level
military programs and shelter services for active duty members and their families who
are victims of such violence. Further, H.R. 840 directs a military commanding officer
who receives a qualifying complaint alleging such violence to investigate it and report;
specifies circumstances under which military law enforcement officers must arrest a
person for committing domestic violence; establishes a Director of Special
Investigations in Department of Defense (DOD) to review investigations of allegations
of such violence and refer cases for prosecution; requires that Department of Veterans
Affairs primary care providers receive training in the screening and referral of veterans
who have suffered military sexual trauma; and prohibits any military department from
approving a financial award or a promotion for an officer or employee who has been
convicted of or disciplined for committing such violence. Sponsor: Representative
Louise Slaughter (D-NY). Status: Introduced on February 3, 2009.
H.R. 3401, Improving Assistance to Domestic and Sexual Violence Victims
Act. The bill expands the role of the national resource center on workplace responses
to domestic violence to require information and assistance to victim service providers
and other community-based organizations and coalitions; expands requirements for
providing culturally and linguistically specific services to domestic and sexual violence
victims; amends existing grant provisions to impose limits on Internet publication of
protection order information in domestic violence cases; exempts victims of dating
violence from costs for criminal proceedings and protection orders; provides for sexual
assault forensic medical personnel examiners to collect and preserve evidence in
sexual assault cases; expands grant purposes to include HIV, hepatitis, and sexually
transmitted infection testing and treatment for victims of sexual assault; and expands
visa eligibility for aliens who are victims of domestic violence and sex trafficking.
Sponsor: Representative Debbie Wasserman Schultz (D-FL). Status: Introduced on
July 30, 2009.
34
H.R. 3521, Nicole’s Law. The bill requires states to have in effect laws and policies to
extend protections similar to those afforded to victims of domestic violence to victims of
a sex offense who are not in a familiar or dating relationship with the perpetrator of
such offense. Sponsor: Representative Lucille Christopher Smith (R-NJ).
Status: Introduced on July 31, 2009.
H.R. 4116, Family Violence Prevention and Services Act Reauthorization. The bill
directs HHS to establish grant programs for specialized services for abused parents
and their children; domestic violence prevention enhancement and leadership through
alliances; and culturally competent services for victims of domestic violence from racial
and ethnic minority groups. Sponsor: Representative Gwen Moore (D-WI).
Status: Introduced on November 19, 2009.
H.R. 4594/S. 2982, International Violence Against Women Act. The bill establishes
a State Department Office for Global Women’s Issues to coordinate efforts regarding
gender integration and empowerment of women in U.S. foreign policy, and an Office
for Women’s Global Development in the U.S. Agency for International Development
(USAID), to coordinate USAID efforts to integrate gender in U.S. foreign assistance
programs and policies; directs State and USAID to develop a comprehensive five-year
strategy for programs to prevent and respond to violence against women and girls, and
to coordinate efforts to prevent and respond to violence against women and girls
internationally; authorizes funds to be awarded to community-based women’s
nongovernmental organizations and community-based organizations in recipient
countries to carry out such efforts; authorizes the State Department to provide
guidance to the DOD to incorporate training on prevention and response into the basic
training curricula of foreign military and police forces and judicial officials; and ensures
that U.S. assistance to units involved in regional or multilateral peacekeeping
operations includes such training. Sponsors: Representative Bill Delahunt (D-MA)
introduced H.R. 4594, and Senator John Kerry (D-MA) introduced S.
2982. Status: Both bills were introduced on February 4, 2010.
H.R. 4885. The bill protects the civil rights of victims of gender-motivated violence,
promotes public safety and health, and regulates activities affecting interstate
commerce by creating employer liability for negligent conduct that results in an
individual’s committing a gender-motivated crime of violence against another individual
on premises controlled by the employer. Sponsor: Representative Carolyn Maloney
(D-NY). Status: Introduced on March 18, 2009.
H.R. 4978. The bill requires states to address domestic and sexual violence among
individuals receiving assistance under the program of block grants to states for
TANF. Sponsor: Representative Gwen Moore (D-WI). Status: Introduced on March
25, 2010.
35
S. 327, Improving Assistance to Domestic and Sexual Violence Victims Act. The
bill requires the DOJ Office on Violence Against Women to ensure that entities
providing training or technical assistance have demonstrated expertise; requires state
and local governments to certify that they do not make available on the Internet any
information regarding protection orders if such publication would likely reveal the
identity or location of the protected party; expands grant programs encouraging arrest
policies and enforcement of domestic protection orders to provide for sexual assault
forensic medical personnel examiners in the collection and preservation of evidence,
expert testimony, and treatment of trauma related to sexual assault; expands the grant
program for encouraging arrest policies and enforcement of domestic protection orders
to develop human immunodeficiency virus, Hepatitis B & C, and sexually transmitted
infection testing and treatment programs for sexual assault victims that include
notification, treatment, counseling, and confidentiality protocols; requires a state or
local government to certify that it has a law or regulation that requires HIV testing for
victims and perpetrators of sexual assaults; and amends the federal criminal code to
impose a mandatory minimum five-year prison term for aggravated sexual abuse.
Sponsor: Senator Patrick Leahy (D-VT). Status: Passed by the Senate Judiciary
Committee on May 7, 2009, and placed on the Senate Legislative Calendar.
S. 1740, Security and Financial Empowerment (SAFE) Act. The bill sets forth
entitlement standards and implementation guidelines for employee use of emergency
leave to address domestic violence, dating violence, sexual assault, or stalking. It
permits victims of domestic or sexual violence to substitute existing leave in lieu of
emergency leave. It also authorizes state use of funds under the TANF program to
provide emergency benefits for victims of domestic or sexual violence on emergency
leave. It prohibits denial of unemployment compensation to individuals separated from
employment due to their experience of domestic or sexual violence. It also requires
training of unemployment compensation and TANF personnel to provide services to
victims of domestic or sexual violence. Finally, it prohibits discriminatory employer
practices against victims of domestic or sexual violence, and prohibits denial or
restriction of insurance coverage based on status as a victim of domestic or sexual
violence. Sponsor: Senator Patty Murray (D-WA). Status: Introduced on October 1,
2009.
Resolutions Relating to Violence Against
Women & Domestic Violence
H.Res. 102/H.Res. 103/ H.Res. 1081/S.Res. 373, National Teen Dating Violence
Awareness and Prevention Week. The resolution supports the goals and ideals of
National Teen Dating Violence Awareness and Prevention Week.
Sponsors: Representative John Lewis (D-GA) introduced H.Res.102, H.Res.103 and
H.Res.1081. Senator Mike Crapo (R-ID) introduced S.Res. 373. Status: H.Res.103
passed the House on March 10, 2009. H.Res.1081 passed the House on March 10,
2010. S.Res. 373 passed the Senate on January 25, 2010.
36
H.Con.Res. 104/S.Con.Res. 22, National Sexual Assault Awareness and
Prevention Month. The resolution calls for recognition of national and community
organizations and private sector supporters for their work in promoting awareness
about sexual assault, providing information and treatment to its survivors, and
increasing the number of successful prosecutions of its perpetrators. It also
recognizes public safety, law enforcement, and health professionals for their hard work
and innovative strategies to increase the percentage of sexual assault cases that result
in the prosecution and incarceration of the offenders. It urges national and community
organizations, private businesses, colleges and universities, and the media to promote
awareness of sexual violence and strategies to decrease the incidence of sexual
assault. Sponsors: Representative Tammy Baldwin (D-WI) introduced H.Con.Res.
104. Senator Bob Casey (D-PA) introduced S.Con.Res. 22. Status: H.Con.Res. 104
passed the House on April 28, 2009; S.Con.Res. 22 passed the Senate on April 30,
2009.
H.Res. 817/S. Res. 317, National Domestic Violence Awareness Month. The
resolution expresses the sense of Congress supporting efforts to raise awareness of
domestic violence in the United States and its devastating effects on families and
communities, and support programs designed to end domestic violence.
Sponsor: Representative Al Green (D-TX) introduced H.Res. 817, and Senator Amy
Klobuchar (D-MN) introduced S.Res. 317. Status: S.Res. 317 was introduced in the
Senate on October 21, 2009; H.Res. 817 passed the House on October 26, 2009.
H.Res. 931, International Day for the Elimination of Violence against
Women. The resolution recognizes individuals and organizations working to eliminate
violence against women, and encourages the President to take certain steps to
address violence against women and girls. Sponsor: Representative Andre Carson
(D-IN). Status: Introduced on January 4, 2010.
37
38
ELDER ABUSE
There are three general categories of elder abuse: domestic elder abuse,
institutional elder abuse, and self-neglect or self-abuse.11 Domestic elder abuse
constitutes maltreatment of an older person occurring in their home or a caregiver’s
home committed by someone who has a special relationship with the elder victim,
such as a spouse, sibling, child, friend, or caregiver, while institutional abuse refers to
abuse occurring in residential facilities for older persons, such as a nursing home. 12
Perpetrators of institutional abuse usually are persons who have a legal or
contractual obligation to provide senior citizens with care and protection. Self-neglect
or self-abuse occurs among elderly persons who live alone and/or lack adequate
assistance by caregivers.
There has not been a significant amount of attention paid by Congress to the
issue of elder abuse over the years compared to other violence related issues.
However, that dynamic may change in the years ahead. As the Baby Boomer
generation ages, and as the issue of caregiving for the elderly gains prominence,
efforts to prevent elder abuse may become higher priorities on a national level.
11
National Center on Elder Abuse, Administration on Aging, U.S. Department of Health and Human Services, Elder
Abuse/Mistreatment Defined (http://www.ncea.aoa.gov/NCEAroot/Main_Site/FAQ/Basics/Definition.aspx).
12
Id
39
Laws Relating to Elder Abuse
The Older Americans Act of 1965, Public Law 89-73, is the principal law providing for
federal programs to advocate for elderly Americans, including vulnerable older
Americans at risk. The law seeks to provide for prevention of abuse, neglect, and
exploitation, including provisions for long-term care ombudsman programs and state
legal assistance development. It encourages states to foster greater coordination with
law enforcement and the courts, and emphasizes multi-disciplinary and collaborative
approaches to addressing elder mistreatment when developing programs and longterm strategic plans for elder justice activities. The law authorizes grants to states for
elder abuse prevention and treatment, as well as for detection, assessment,
intervention in, investigation of, and response to elder abuse, neglect, and exploitation.
The Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322,
created new crimes or enhanced penalties for crimes against the elderly.
The Patient Protection and Affordable Act, Public Law 111-148, authorized $400
million over four years for adult protective services and $32.5 million over four years to
support long term care ombudsman programs to be operated by states. The law
includes new provisions to set standards to prevent abuses in nursing homes, including
the requirement for state and national criminal background checks for nursing home
workers who have contact with senior citizens. It requires HHS to award grants and
carry out activities that provide greater protection to individuals seeking care in facilities
that provide long-term care services and supports, and greater incentives for individuals
to train and seek employment at these facilities. It requires long-term care facility
owners, operators, and certain employees to report suspected crimes committed at a
facility, and to submit to HHS and to their state written notification of an impending
closure of a facility within 60 days before the closure, and include a plan for transfer
and adequate relocation of all residents. The law also establishes an Elder Justice
Coordinating Council.
Grants and Assistance Programs Relating to
Elder Abuse
Elder Abuse Prevention Grants. Congress has appropriated
$4,250,000 for grants in FY 2010 for Elder Abuse prevention grants
through DOJ’s Office of Violence Against Women.
40
Training and Services to End Violence and Abuse of Women Later
in Life Program. Administered by the DOJ Office on Violence Against
Women, this grant program creates a unique opportunity for providing
or enhancing training and services to address elder abuse, neglect, and
exploitation, including domestic violence, dating violence, sexual
assault, or stalking, involving victims who are 50 years of age or older.
National Center on Elder Abuse Grants. The HHS Administration on
Aging has provided grants for assistance from organizations with expert
knowledge concerning elder abuse, neglect, and exploitation in order to
provide assistance in programs to detect, identify, assess, intervene in,
investigate, and respond to elder mistreatment on a national level.
Recent Congressionally Directed Appropriations
for Projects Relating to Elder Abuse
•
$640,000 to Ventura County, California for an elder abuse
prevention and treatment program. (HHS/Administration on
Aging Appropriations)
•
$330,000 for the University of Wisconsin at Oshkosh for a
demonstration training program to prevent elder abuse and
neglect. (HHS/Administration on Aging Appropriations)
•
$100,000 for Lifespan of Greater Rochester, Inc, Rochester, NY,
for activities to prevent elder abuse. (HHS/Administration on
Aging Appropriations)
Pending Legislation Relating to
Elder Abuse
H.R. 448/S. 1821, Elder Abuse Victims Act. The bill directs DOJ to study and report
to Congress on state laws and practices relating to elder abuse, neglect, and
exploitation, and develop objectives, priorities, policies, and a long-term plan for elder
justice programs and activities. It directs the General Accountability Office to review
programs and initiatives in the federal criminal justice system relevant to elder justice
and report to Congress on such programs and initiatives with recommendations to
improve elder justice in the United States. The bill authorizes victim advocacy grant
41
awards for the study of the special needs of victims of elder abuse, neglect, and
exploitation, and grants to provide training, technical assistance, policy development,
multidisciplinary coordination, and other support to local prosecutors and courts
handling elder justice-related cases, funding in particular: specially designated elder
justice positions or units in local prosecutors’ offices and local courts; and the creation
of a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation to advise and
support local prosecutors and courts nationwide in the pursuit of such cases. It also
authorizes grants to eligible entities to provide support to state prosecutors and courts,
employees of state attorneys general, and Medicaid Fraud Control Units handling elder
justice-related matters, and to provide support to police, sheriffs, detectives, public
safety officers, corrections personnel, and other first responders who handle elder
justice-related matters to fund specially designated elder justice positions or units
designed to support first responders in elder justice matters. The bill establishes an
Elder Serve Victim program to provide grants to establish programs for victims of elder
abuse. Finally, the bill requires grants to establish an Emergency Crisis Response
Team program, to include immediate, short-term emergency services, including
shelter, care services, food, clothing, and transportation to medical or legal
appointments. Sponsors: Representative Joe Sestak (D-PA) introduced H.R. 448,
and Senator Herb Kohl (D-PA) introduced S. 1821. Status: H.R. 448 passed the
House on February 11, 2009.
42
TEEN BULLYING,
HARASSMENT AND
JUVENILE VIOLENCE
Adolescent bullying is becoming recognized as a serious problem in our
society, and it is increasingly conducted in cyberspace as well as in the schoolyard
and in communities. The issue of teen bullying and harassment received nationwide
attention early in 2010 following the death of a 15 year-old girl whose family had
moved from a small town in Ireland to Massachusetts, where she entered high school
as a freshman in the Fall of 2009. The girl reportedly was the victim of repeated
taunting and harassment – physical, verbal and via text message or other electronic
communication – beginning after she had a brief relationship with a popular senior
class male. After the girl took her own life in her home in January 2010, prosecutors
brought charges against six teenage schoolmates, including two boys charged with
statutory rape and four girls charged with stalking, criminal harassment and violating
the victim’s civil rights. The victim’s harassment reportedly continued on Internet
social networking sites even after her tragic death. 13
Gang violence is another serious national concern. According to DOJ, since
2000 there has been a steady increase in gang membership and in gang-related
crime and violence.14 Gangs currently threaten public safety in communities
throughout the country. DOJ reports that violent gang migration from inner cities to
surrounding areas began in the late 1980s and intensified in the 1990s.15 There are
now more than 20,000 gangs, consisting of approximately a million members, in
every state in the country.16 Law enforcement faces significant challenges in
13
See Erik Eckholm And Katie Zezima, 6 Teenagers Are Charged After Classmate’s Suicide, New York Times (March
30, 2010) (http://www.nytimes.com/2010/03/30/us/30bully.html).
14
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, Evaluation of Programs to Reduce
Gang Membership, Crime, and Violence, http://www.ncjrs.gov/pdffiles1/nij/sl000903.pdf.
15
DOJ, Attorney General’s Report to Congress on the Growth of Violent Street Gangs in Suburban Areas (April 2008)
(http://www.justice.gov/ndic/pubs27/27612/#Key).
16
Id.
43
confronting gang-related criminal activity. Congress has worked to provide assistance
to state and local law enforcement agencies in anti-gang efforts, and continued efforts
to address the problem are likely in the future.
Laws Relating to Teen Bullying, Harassment
and Juvenile Violence
The Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415,
is the principal law governing juvenile violence, crime, delinquency and abuse. The act
established federal standards for the treatment of juvenile offenders and provided
financial incentives for state systems to comply with those standards. Its goals were to
remove juveniles from adult jails and prisons, and to end the practice of using the
juvenile court system as a means of sending both criminal and noncriminal minors to
prisonlike institutions for rehabilitation. The act established DOJ’s OJJDP. It also
provided grants to states that follow federal protections on the care and treatment of
youth in the justice system. Four core protections of the act are: (1)
deinstitutionalization of status offenders and non-offenders, requiring that youth who
are runaways, truants or curfew violators cannot be detained in juvenile detention
facilities or adult jails; (2) separation protection, which disallows contact between
juvenile and adult offenders; (3) jail removal, which disallows the placement of youth in
adult jails and lock ups except under very limited circumstances; and (4)
disproportionate minority confinement, which requires states to address the issue of
over-representation of youth of color in the justice system.
The Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322,
created the Gang Resistance Education And Training (G.R.E.A.T.) Program, supporting
prevention and education, corrections, drug treatment and enforcement, planning,
evaluation, technology improvement, and crime victim and witness initiatives. The law
provided enhanced penalties for violent crimes committed by gang members;
authorized adult prosecution of those 13 and older charged with serious violent crimes;
prohibited the sale or transfer of a firearm to or possession of certain firearms by
juveniles; and tripled the maximum penalties for using children to distribute drugs in or
near a protected zone, including schools, playgrounds, video arcades and youth
centers.
44
Grants and Assistance Programs Relating to Teen
Bullying, Harassment and Juvenile Violence
Gang Prevention Youth Mentoring Program. These OJJDP grants
help to establish mentoring programs that offer services and engage
youth in activities that enable them to practice healthy behaviors within
a positive pro-social peer group. The target population is youth at risk
of gang activity, delinquency, and youth violence. Grantees include
organizations, local school districts, and communities dealing with
demonstrated gang problems who are a part of a communitywide
strategy to combat gang activity. Funded projects develop and
strengthen protective factors against gang involvement and other
problem behaviors in a school or community setting.
Title V Program Grants for Gang Prevention. DOJ’s Title V program
funds initiatives to address issues related to preventing juvenile gang
activity.
Youth Gang Prevention and Intervention Program. This OJJDP
program provides funding for communities to replicate secondary gang
prevention and intervention programs that are considered promising or
effective. Funded programs must be a part of an existing communitybased comprehensive anti-gang initiative.
Evaluation of Programs to Reduce Gang Membership, Crime and
Violence. This DOJ National Institute of Justice program funds
process and outcome evaluations for programs aimed at reducing gang
membership and gang-related crime and violence, for both adults and
juveniles. The program funds evaluations using the most appropriate
and rigorous methods that examine multi-strategy, community-level
programs attempting to address gang issues.
Young Adult Offenders and High School Dropouts in HighPoverty, High-Crime Communities. This Department of Labor,
Employment and Training Administration program provides grants to
serve young adult offenders and high school dropouts in high-poverty,
high-crime communities. The purpose of these grants is to prepare
these individuals for employment. These grants are awarded through a
competitive process open to national and regional intermediaries with
experience conducting multi-site projects and with demonstrated
capacity to serve offenders.
45
Cooperative Agreement Program for the National Academic
Centers of Excellence in Youth Violence Prevention. CDC issues
grants to establish Centers of Excellence intended to reduce youth
violence in a high-risk community by implementing and evaluating a
multifaceted, evidence-based approach to prevent youth violence.
Support for Conferences on Juvenile Justice. The purpose of this
program is to provide support to organizations with missions that are
similar to those of DOJ for conferences that address delinquency
prevention, child protection, and juvenile justice system improvements.
Services to Advocate for and Respond to Youth Program. This
DOJ Office of Violence Against Women program serves youth victims
of domestic violence, dating violence and stalking.
National Training and Technical Assistance (TTA) Support to the
Gang Resistance Education And Training (G.R.E.A.T.) Program.
The G.R.E.A.T. Program is a school-based, law enforcement officerinstructed, classroom curriculum administered by DOJ’s Bureau of
Justice Assistance in cooperation with the Bureau of Alcohol, Tobacco,
Firearms and Explosives. The program’s primary objective is to prevent
delinquency, youth violence, and gang membership. The program
provides life skills to students to help them avoid engaging in delinquent
behavior and violence to solve problems.
Recent Congressionally Directed Appropriations
for Projects Relating to Teen Bullying,
Harassment and Juvenile Violence
•
$500,000 for the City of Philadelphia, Pennsylvania for the Youth
Violence Reduction Partnership. (DOJ Appropriations)
•
$500,000 for 180 Turning Lives Around, Inc., Hazlet, New
Jersey, for a child and teen violence reduction project. (DOJ
Appropriations)
•
$310,000 for the City of Trenton, New Jersey, for a violence and
gang prevention initiative. (DOJ Appropriations)
•
$300,000 for the City of Seattle, Washington, for a youth violence
prevention initiative.
•
$250,000 for YWCA of Monterey County, Monterey, CA for
expansion of direct services and prevention programs to combat
domestic and gang violence. (HHS Appropriations)
46
•
$150,000 for Friendship Circle, West Bloomfield, Michigan for
the Self-Determination Anti-Bullying in LifeTown Project. (DOJ
Appropriations)
•
$135,000 for the Berkshire South Regional Community Center,
Great Barrington, Massachusetts for the Action Adventures Outof-School Anti-Bullying Project. (DOJ Appropriations)
•
$100,000 for Outright Vermont, Burlington, Vermont, for the
Rural Vermont Bullying Initiative. (DOJ Appropriations)
•
$100,000 for Mount Sinai Adolescent Health Center, New York,
violence and risky behavior prevention programs. (DOJ
Appropriations)
•
$90,000 for Kidsbridge, Trenton, New Jersey, for life skills, gang
resistance and violence prevention initiatives. (DOJ
Appropriations)
Pending Legislation Relating to Teen Bullying,
Harassment and Juvenile Violence
H.R. 750, Stamp Out Gang Violence Act. The bill directs the Postal Service to issue
a special stamp to provide funding for the DOJ Gang Resistance Education and
Training Program. Sponsor: Representative Joe Baca (D-CA). Status: Introduced
on May 4, 2009.
H.R. 1022, Gang Prevention, Intervention, and Suppression Act. The bill prohibits
the commission of, or an attempt or conspiracy to commit, a gang crime, and offenses
in furtherance of the activities of a criminal street gang and the recruitment of another
person to join a criminal street gang. It imposes criminal penalties for murder and
other violent crimes committed in the course of a drug trafficking offense, and
increases criminal penalties for possession of firearms by repeat criminal offenders
and for firearm transfers to commit crimes of violence or drug trafficking crimes. H.R.
1022 also authorizes DOJ to designate high intensity gang activity areas targeted for
assistance; requires U.S. attorneys to identify, investigate, and prosecute criminal
street gangs; support criminal street gang enforcement teams; and make grants to
states to prevent abductions of children by family members. The bill also establishes a
National Gang Research, Evaluation, and Policy Institute to make grants to develop
community-based crime prevention programs designed for gang members and at-risk
youth. It provides grants to prosecutors and law enforcement to assist in identifying
gang members and violent offenders and to coordinate efforts to combat violent crime
47
and establishes in the U.S. Marshals Service a Short-Term State Witness Protection
Section to provide protection for witnesses in state and local trials involving homicide
or other violent crimes, and expands the federal witness relocation and protection
program to include protection for witnesses against criminal street gangs. Finally, the
bill directs the U.S. Department of Labor to make grants for juvenile offender
reintegration projects and for employment programs for young adult gang members to
reduce recidivism and promote long-term employability. Sponsor: Representative
Adam Schiff (D-CA). Status: Introduced on February 12, 2009.
H.R. 1064/S. 435, Youth Prison Reduction through Opportunities, Mentoring,
Intervention, Support, and Education (“PROMISE”) Act. The bill establishes a
PROMISE Advisory Panel to assist OJJDP in assessing and developing standards and
evidence-based practices to prevent juvenile delinquency and criminal street gang
activity, and collecting data in designated geographic areas to assess the needs and
existing resources for juvenile delinquency and criminal street gang activity prevention
and intervention. It authorizes grants to plan and assess evidence-based and
promising practices for juvenile delinquency and criminal street gang activity
prevention and intervention, especially for at-risk youth, and implement PROMISE
plans for coordinating and supporting the delivery of juvenile delinquency and gang
prevention and intervention programs in local communities. The bill establishes a
National Research Center for Proven Juvenile Justice Practices to promote information
about evidence-based practices related to juvenile delinquency and criminal street
gang prevention and intervention, and a Center for Youth-Oriented Policing. It
authorizes grants to allow institutions of higher education to serve as regional research
partners, and hire and train law enforcement officers as youth-oriented police to work
with community-based organizations and high-risk youth; and grants for the
implementation and evaluation of innovative crime or delinquency prevention or
intervention strategies. Sponsors: Representative Robert C. Scott (D-VA) introduced
H.R. 1064, and Senator Robert Casey (D-PA) introduced S. 435. Status: H.R. 1064
was approved by the House Judiciary Committee on December 2, 2009, and S. 435
was introduced on February 13, 2009.
H.R. 1589, Bullying and Gang Reduction for Improved Education Act. The bill
amends the Elementary and Secondary Education Act to add bullying and gang
prevention to the violence and drug abuse prevention activities supported under the
Safe and Drug-Free Schools and Communities program. It provides that, in addition to
fostering a safe and drug-free learning environment, the program should facilitate
healthy, physically active lifestyles. It also makes local park and recreation agencies
eligible for funding under the program’s mentoring programs for children. Sponsor:
Representative Linda Sanchez (D-CA). Status: Introduced on March 18, 2009.
H.R. 2262, Safe Schools Improvement Act. The bill amends the Safe and Drug-Free
Schools and Communities Act to require states to use grants for safe and drug-free
schools to collect and report information on the incidence of bullying and harassment;
48
and local educational agencies and schools to use subgrants to prevent and respond
to incidents of bullying and harassment. Sponsor: Representative Linda Sanchez (DCA). Status: Introduced on May 5, 2009.
H.R. 2418/S. 208, Mynisha’s Law. The bill authorizes any local government to apply
to DOJ for designation as a Comprehensive Gang Prevention and Relief Area. It
establishes an Interagency Gang Prevention Task Force directed to coordinate
government activities to create a comprehensive gang prevention response, focusing
on early childhood intervention, at-risk youth intervention, literacy, employment,
community policing, and comprehensive community-based programs such as
Operation Cease Fire; coordinate with local and regional gang prevention efforts; and
prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding
under federal community assistance and grant programs. Sponsor: Representative
Joe Baca (D-CA) introduced H.R. 2418, and Senator Barbara Boxer (D-CA) introduced
S. 208. Status: H.R. 2418 was introduced on May 14, 2009, and s. 208 was
introduced on January 12, 2009.
H.R. 2541, Anti-Gang Task Force Act. The bill directs DOJ to establish, staff, and
fund anti-gang task forces consisting of federal, state, and local law enforcement
authorities to coordinate efforts to combat criminal gangs and offenders. Sponsor:
Representative Charles Dent (R-PA). Status: Introduced on May 21, 2009.
H.R. 2815, Anti-Gang Enforcement Act. The bill amends the federal criminal code to
prohibit street gang crimes, including gang recruitment, participation in gangs by
committing two or more gang crimes, and solicitation to commit a gang crime; impose
or increase criminal penalties for committing violent crimes in aid of a criminal street
gang or racketeering activity, for murder or other violent crimes while committing a
drug trafficking crime, and for the use of interstate or foreign commerce facilities in the
commission of two or more murders; and provide for forfeiture of property obtained
through criminal street gang activity. It provides for enhanced sentences for crimes
committed in aid of criminal street gangs. It also directs DOJ to expand the Project
Safe Neighborhoods program to require U.S. attorneys to identify, investigate, and
prosecute significant criminal street gangs operating; and require the FBI to increase
funding for the Safe Streets Program and to support criminal street gang enforcement
teams. Sponsor: Representative Thomas Rooney (R-FL). Status: Introduced on
June 10, 2009.
H.R. 2857, Gang Deterrence and Community Protection Act. The bill amends the
federal criminal code to expand prohibitions against street gang activity. It revises
penalties for interstate or foreign travel or transportation in aid of racketeering
enterprises; carjacking; using interstate commerce facilities in the commission of
murder-for-hire and other felony crimes of violence; violent crimes in aid of
racketeering activity; murder and other violent crimes committed during and in relation
to a drug trafficking crime; using interstate commerce facilities to commit multiple
murder; and the use of firearms in crimes of violence and drug trafficking. The bill also
49
amends the federal criminal code to expand the definition of racketeering activity to
cover interstate murder; to expand the rebuttable presumption against release of
persons charged with firearms offenses, the authority to prosecute juveniles as adults;
and sets a 15-year statute of limitations for non-capital felony crimes of violence. It
also authorizes DOJ to designate specific areas that are located within one or more
states as high intensity interstate gang activity areas. Finally, the bill authorizes the
use of community-based justice grants to hire additional prosecutors to reduce
backlogs and to fund technology, equipment, and training for specified purposes,
including to increase the accurate identification and successful prosecution of young
violent offenders. Sponsor: Representative Randy Forbes (R-VA). Status:
Introduced on June 12, 2009.
H.R. 3526, Tony Cardenas Community-Based Gang Intervention Act. The bill
acknowledges that the United States must address social conditions such as poverty,
homelessness, inadequate educational systems, and limited economic opportunities in
developing a comprehensive gang violence reduction strategy. It requires OJJDP to
award grants to nonprofit community-based gang intervention agencies to provide
services for reducing and stopping gang-related and gang-motivated violence and
crime; include representatives of community-based gang intervention agencies in
juvenile justice and delinquency prevention advisory groups established by state plans;
and include community-based gang prevention in state and local grant programs for
delinquency prevention. Sponsor: Representative Diane Watson (D-CA). Status:
Introduced on July 31, 2009.
H.R. 4446, Strengthening Outcomes for America’s Juvenile and Family Courts
Act. The bill revises grant programs for juvenile and family court personnel to direct
DOJ to award grants to national nonprofit organizations with expertise in family law
matters, including child abuse and neglect, elder abuse, and violence against women
and family members, to improve training, education, technical assistance, and
research to assist courts, judges, judicial personnel, attorneys, child welfare personnel,
and lay child advocates in handling family law matters. Sponsor: Representative
Dean Heller (R-NV). Status: Introduced on January 13, 2010.
S. 132, Gang Abatement and Prevention Act. The bill imposes penalties on
individuals who knowingly commit a gang crime or other violent crime in furtherance of
a criminal street gang or who recruit persons to participate in a gang; expands the
prohibition against committing violent crimes in aid of racketeering activity to include
gang-related racketeering activity; increases criminal penalties for threats, attempts, or
conspiracies to commit crimes of violence; imposes criminal penalties on individuals
who commit violent crimes in relation to a drug trafficking crime; expands restrictions
on the release of persons charged with using firearms in a drug trafficking crime or a
crime of violence; establishes a 10-year limitation period for prosecutions of any
noncapital felony crime of violence; increases criminal penalties for possession of
firearms by felons with prior convictions for a violent felony or serious drug offense;
redefines and increases penalties for the crimes of carjacking and transfers of firearms
to commit a crime of violence or drug trafficking; increases penalties for conspiracy
50
to commit a criminal offense or to defraud the United States; extends to 10 years the
limitation period for prosecuting certain federal crimes of terrorism; establishes crimes
committed in Indian country or in any other area of exclusive federal jurisdiction as a
predicate for invoking federal racketeering laws; establishes as a predicate for a
wiretap authorization violations of the Controlled Substances Act relating to violent
crimes in furtherance of a drug trafficking crime and certain criminal street gang
activity; expands the prohibition against impeding commerce by threats or violence to
include robbery or extortion attempts committed by a person unlawfully impersonating
a law enforcement officer; prohibits traveling in interstate or foreign commerce or using
the mail to tamper with or retaliate against a witness, victim, or informant in a state
criminal proceeding; authorizes DOJ to designate and assist state high intensity gang
activity areas in combating gang activity; directs the Office of Justice Programs to
establish a National Gang Research, Evaluation, and Policy Institute to design and
evaluate anti-gang programs; authorizes expansion of the Project Safe Neighborhoods
Program and the Safe Streets Program; and directs DOJ to establish a National Gang
Activity Database; and provide funding to the Regional Information Sharing Systems to
use RISSNET to connect existing gang information systems with the Database.
Sponsor: Senator Dianne Feinstein (D-CA). Status: Introduced on January 6, 2009.
S. 678, Juvenile Justice and Delinquency Prevention Reauthorization Act. The
bill supports a continuum of programs including delinquency prevention, intervention,
mental health and substance abuse treatment, and aftercare programs, to address the
needs of at-risk youth and youth who come into contact with the justice system; defines
“core requirements” relating to the protection of juveniles against placement in adult
prison facilities and the treatment of juveniles equitably on the basis of gender, race,
family income, and disability; defines “evidence based” as a program or practice that is
demonstrated to be effective and that is based on a clearly articulated and empirically
supported theory, has measurable outcomes, and has been scientifically tested;
requires that OJJDP annual report include data on the confinement and release of
juveniles from custody and on status offenders (juveniles arrested for offenses that
would not be criminal if committed by adults), the number of pregnant juveniles in
custody, a description of the criteria used to determine what OJJDP programs qualify
as evidence-based and promising programs, a comprehensive list of those programs
OJJDP has determined meet such criteria, a description of funding provided to Indian
tribes, and an analysis and evaluation of compliance by and payments to grant
recipients; revises membership requirements for state juvenile delinquency prevention
advisory groups to include volunteers who work with youth of color; requires advisory
groups to use grant funds to provide training and technical assistance to state and
local agencies for juvenile delinquency prevention activities, and expand access to
court-appointed legal counsel for representation of juveniles; revises requirements for
state juvenile delinquency prevention plans to provide alternatives to secure detention
for juveniles, reduces the number of juveniles placed in secure detention and adult
corrections facilities, addresses mental health and substance abuse screening,
assessment, referral, and treatment for juveniles in the juvenile justice system, and
requires that juveniles awaiting trial as adults not have sight and sound contact with
51
adult inmates; requires OJJDP to conduct research on the prevalence and duration of
behavioral health needs among juveniles held in secure detention or in adult
correctional facilities, provide a description of the best practices in discharge planning
for juveniles and an assessment of living arrangements for juveniles who cannot return
to their homes, develop a national juvenile recidivism measure, assess the
effectiveness of treating juveniles as adults in criminal court, publish a report on the
outcomes for juveniles who have reintegrated into the community, conduct a study of
disabilities in the juvenile justice population, develop and issue standards of practice
for attorneys representing children in the juvenile justice system, and provide training
and technical assistance for local and state juvenile detention and corrections
personnel to improve conditions of juvenile confinement; authorizes grants for juvenile
justice and prevention programs, and permits grants to be used to increase the use of
evidence-based or promising prevention and intervention programs, improve the
recruitment, selection, training, and retention of professional personnel, and establish
partnerships between state and local juvenile justice agencies and mental health
authorities to enhance mental health and substance abuse services; establishes the
National Commission on Public Safety Through Crime Prevention to carry out a
comprehensive study of the effectiveness of certain crime and delinquency prevention
and intervention strategies based on specified criteria, and report on such strategies to
federal and state officials; authorizes the National Institute of Justice to make grants to
public and private entities for the implementation and evaluation of innovative crime or
delinquency prevention or intervention strategies; and adds mentoring programs as a
grant purpose for delinquency prevention programs. Sponsor: Senator Patrick
Leahy (D-VT). Status: Passed by the Senate Judiciary Committee on December 17,
2009, and placed on the Senate Legislative Calendar.
52
SCHOOL VIOLENCE
School violence is an increasing concern on a national level. According to the
CDC, a survey of high school students indicated the following:
•
12.4 percent reported being in a physical fight on school property over the
previous year;
•
16.3 percent of male students and 8.5 percent of female students reported
being in a physical fight on school property over the previous year;
•
27.1 percent of students reported having property stolen or deliberately
damaged on school property;
•
5.5 percent did not go to school on one or more days during the preceding 30
days because they felt unsafe at school or on their way to or from school;
•
5.9 percent reported carrying a weapon on school property on one or more
days during the preceding 30 days; and
•
7.8 percent reported being threatened or injured with a weapon on school
property one or more time over the previous year.17
School violence has tragically ended the lives of students and school
personnel in recent years. A catastrophic example of such violence was the
Columbine High School massacre in Colorado in 1999, which claimed 12 lives and
injured 21 others. More recently, the Virginia Tech catastrophic shooting spree in
2007 ended the lives of 32 people and injured many others. These and other
instances of school violence have led the federal government, states, and
educational institutions to focus more intensively on campus security.
17
CDC, Injury Prevention and Control, Youth Violence (2009) (http://www.cdc.gov/ViolencePrevention/youthviolence/
index.html).
53
Laws Relating to School Violence
The Safe and Drug-Free Schools and Communities Act of 1994 was enacted as
part of the Elementary and Secondary Education Act Reauthorization of 1994, Public
Law 103-382. The law established the Office of Safe and Drug-Free Schools within the
U.S. Department of Education, and provided support for school- and community-based
programs to prevent youth violence and alcohol and other drug use. It supported
prevention programs and activities, and authorized funding for formula grants to states
to support local educational agencies and community-based organizations in
developing and implementing programs to prevent drug use and violence among
children and youth.
The Campus Sex Crimes Prevention Act of 2000, Public Law 106-386, required sex
offenders to report information regarding any enrollment or employment at an institution
of higher education and to provide this information to a law enforcement agency whose
jurisdiction includes the higher education institution.
Grants and Assistance Programs Relating to
School Violence
Safe Schools/Healthy Students Program. The Department of
Education’s Office of Safe and Drug-Free Schools Safe Schools/
Healthy Students program supports the implementation and
enhancement of integrated, comprehensive community-wide plans that
create safe and drug-free schools and promote healthy childhood
development.
COPS Safe Schools Initiative. This targeted DOJ funding initiative
provides direct funding to state and local agencies to assist in
delinquency prevention, community planning and development, school
safety resources, and technology development. Grants allow recipients
to establish and enhance a variety of school and community safety
equipment and/or programs to encourage the continuation and
advancement of child welfare efforts within their communities.
Implementing Evidence-Based Prevention Practices in Schools
Program. The purpose of this SAMHSA grant program is to prevent
aggressive and disruptive behavior among young children in the short
term and prevent antisocial behavior and the use of illicit drugs in the
longer term. Grantees implement an evidence-based practice in
schools, specifically the Good Behavior Game, which is a behavioral
54
classroom management strategy that involves helping children learn
how to work together.
COPS Secure Our Schools (SOS) Program. This DOJ grant program
provides funding to municipalities to assist with the development of
school safety resources. SOS funding allows recipients the opportunity
to establish and enhance a variety of school safety equipment and
programs to encourage the continuation and enhancement of school
safety efforts within their communities.
Recent Congressionally Directed Appropriations
for Projects Relating to School Violence
•
$300,000 for the Economic Opportunity Council, Wyandach, New
York, for a youth after-school violence prevention program.
(DOJ Appropriations)
•
$200,000 for Widener University, Chester, Pennsylvania, for a
violence prevention collaborative. (DOJ Appropriations)
•
$178,600 for Patterson Park Public Charter School, Baltimore,
MD, for Rejecting Violence, Building Resilience – a school
violence prevention program. (DOJ Appropriations)
•
$48,000 for the Hanover Park Police Department, Illinois, for the
Rapid Response to School Violence Project. (DOJ
Appropriations)
55
56
VIOLENCE INVOLVING
FIREARMS
Gun violence in the United States is an intensely debated political issue,
largely due to the existence of the Second Amendment to the Constitution protecting
citizens’ right to “keep and bear arms,” and the unusually strong influence of the progun lobby. Gun related violence is most common in poor urban areas and in
conjunction with juvenile gang violence. CDC has estimated over 52,000 deliberate
and 23,000 accidental non-fatal gunshot injuries in the United States annually.18
An example of the considerable challenges involved in convincing Congress to
enact controls on deadly weapons is evident in the case of semiautomatic assault
weapons. In 1994, Congress passed a law that outlawed the sale or possession of
such assault weapons. As in many other cases, though, pro-gun advocates
succeeded in convincing Congress to include a “sunset” provision requiring renewal
of the ban after 10 years.
The ban on semiautomatic assault weapons expired in September 2004. It
has not since been reinstated by Congress, and there do not appear to be any plans
to vote to reinstate the ban. Meanwhile, semiautomatic assault weapons are
increasingly used in gang-related violence and by violent Mexican drug cartel
members who are able to purchase these deadly weapons at thousands of gun
shops in the United States southern border area.
18
CDC, National Center for Injury Prevention and Control, Nonfatal Injury Reports (http://webappa.cdc.gov/sasweb/
ncipc/nfirates2000.html).
57
Laws Relating to Violence Involving Firearms
The National Firearms Act of 1934, Public Law 73-474, was the nation’s first major
gun control law. The law was passed following the repeal of prohibition, and was
geared toward restraining weapons used during the heyday of organized crime. The
law imposed an excise tax on the manufacture and sale of firearms, and established
regulations of firearms. While the Second Amendment was construed as not permitting
a ban on such weapons of concern as machine guns, short barreled rifles, short
barreled shotguns, concealable weapons (other than pistols or revolvers) and silencers
for any type of firearm, these weapons could be subject to taxation and regulation.
The Omnibus Crime Control and Safe Streets Act of 1968 prohibited interstate
commerce in handguns, increased the minimum age to 21 for buying handguns, and
established a national gun licensing system.
The Gun Control Act of 1968, Public Law 90-618, enacted following passage of the
Omnibus Crime Control and Safe Streets Act of 1968, regulated the firearms industry
and ownership of firearms. The law prohibited interstate firearms transfers except
among licensed manufacturers, dealers and importers. The law prohibited firearms
possession by certain convicted felons; persons convicted of certain crimes by state
courts; fugitives from justice or those found to be using or addicted to controlled
substances or determined to be mentally defective; illegal aliens; those dishonorably
discharged from the military; anyone who has renounced his or her U.S. citizenship;
and anyone who is subject of a restraining order keeping them from threatening an
intimate partner.
The Brady Handgun Violence Prevention Act of 1993, Public Law 103-159,
amended the federal criminal code to establish a national instant criminal background
check system for firearm licensees to contact for information on whether sale of a
firearm would violate federal or state law, and to establish a five-day waiting period for
handgun purchases and procedures for checking with law enforcement for such
information. The law prohibited the transfer of a firearm to an unlicensed individual
unless the transferor has verified the individual’s identity and contacted law
enforcement. It also authorized grants to states for computerized criminal history
record systems and for assistance in the transmittal of criminal records to the national
system.
The Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322,
prohibited the manufacture, possession and sale of semiautomatic assault
weapons. The law banned the manufacture of 19 military-style assault weapons,
assault weapons with specific combat features, “copy-cat” models, and certain highcapacity ammunition magazines of more than ten rounds. It prohibited firearms sales
to and possession by persons subject to family violence restraining orders;
strengthened federal licensing standards for firearms dealers; and prohibited the sale
58
or transfer of a firearm to or possession of certain firearms by juveniles. It also
enhanced penalties for drive-by-shootings, use of semi-automatic weapons, interstate
firearms trafficking, firearms theft and smuggling. The statutory ban on semiautomatic
assault weapons expired in September 2004, and has not since been reinstated by
Congress.
The Domestic Violence Offender Gun Ban was enacted as an amendment to the
Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208. It is known as
the Lautenberg Amendment after its sponsor, Senator Frank Lautenberg (D-NJ). The
law bans shipment, transport, ownership and use of guns or ammunition by individuals
convicted of misdemeanor domestic violence, or who are under a restraining order for
domestic abuse. The act also makes it unlawful to knowingly sell or give a firearm or
ammunition to such person. As a result of this law and other measures, firearms
dealers are under increasing pressure to avoid straw purchases – a purchase made by
a non-prohibited person on behalf of a prohibited person. This means that spouses,
people who cohabitate with a domestic violence offender, and friends can come under
close scrutiny by firearms dealers and law enforcement.
Grants and Assistance Programs Relating to
Violence Involving Firearms
Project Safe Neighborhoods. This DOJ Bureau of Justice Assistance
grant program is intended to present a nationwide commitment to
reduce gun and gang crime in America by networking existing local
programs that target gun and gang crime and providing these programs
with additional tools necessary to be successful. In the past nine years,
roughly $2 billion has been committed to this initiative. This funding is
being used to hire new federal and state prosecutors, support
investigators, provide training, distribute gun lock safety kits, deter
juvenile gun crime, and develop and promote community outreach
efforts as well as to support other gun and gang violence reduction
strategies.
Title V Program Grants for Gun Programs. DOJ’s Title V program
funds initiatives to reduce the unlawful acquisition and illegal use of
guns by juveniles.
59
Recent Congressionally Directed Appropriations
for Projects Relating to Violence Involving
Firearms
•
$1,100,000 for the Baltimore City Police Department, Maryland,
for the Baltimore City Gun Violence Reduction Initiative. (DOJ
Appropriations)
•
$1,090,000 for PAX/Real Solutions to Gun Violence, New York,
New York, for a hotline and expansion of an awareness
campaign. (DOJ Appropriations)
•
$1,000,000 for the Providence, Rhode Island, Police Department
for a gun violence prevention and gang reduction initiative. (DOJ
Appropriations)
•
$500,000 for the City of Dayton, Ohio, for the Community
Initiative to Reduce Gun Violence. (DOJ Appropriations)
•
$380,000 for the University of Illinois, Chicago, for community
based gun violence prevention and intervention. (DOJ
Appropriations)
•
$150,000 for Macon County, Macon County, IL, for gun violence
prevention. (DOJ Appropriations)
Pending Legislation Relating to
Violence Involving Firearms
H.R. 45, Blair Holt’s Firearm Licensing and Record of Sale Act. The bill prohibits
a person from possessing a firearm unless the person has been issued a valid firearm
license. It prescribes firearms transfer reporting and record keeping requirements, and
directs DOJ to establish and maintain a federal record of sale system. Further, H.R. 45
prohibits transferring a firearm to any person other than a licensee, unless the transfer
is processed through a licensed dealer in accordance with national instant criminal
background check system requirements, with exceptions; a licensed manufacturer or
dealer from failing to comply with reporting and record keeping requirements of this
Act; failing to report the loss or theft of the firearm to DOJ within 72 hours; failing to
report an address change within 60 days; or keeping a loaded firearm, or an unloaded
firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk
that a child is capable of gaining access, if a child uses the firearm and causes death
or serious bodily injury. The bill prescribes criminal penalties for violations of firearms
provisions covered by this Act. It authorizes establishment of a firearm injury
information clearinghouse; continuing studies and investigations of firearm-related
deaths and injuries; and collecting production and sales figures of each licensed
60
manufacturer. Sponsor: Representative Bobby Rush (D-IL). Status: Introduced on
February 9, 2009.
H.R. 257, the Child Gun Safety and Gun Access Prevention Act. The bill raises the
age of handgun eligibility from 18 to 21, and prohibits persons under age 21 from
possessing semiautomatic assault weapons or large capacity ammunition feeding
devices. H.R. 257 increases penalties for a second or subsequent violation by a
juvenile for a first violation committed after an adjudication of delinquency or after a
state or federal conviction for an act that, if committed by an adult, would be a serious
violent felony. The bill also increases penalties for transferring a handgun,
ammunition, semiautomatic assault weapon, or large capacity ammunition feeding
device to a person who is under age 21, knowing or having reasonable cause to know
that such person intended to use it in the commission of a crime of
violence. Additionally, the bill prohibits any licensed importer, manufacturer, or dealer
from transferring a firearm to any person unless the transferee is provided with a
secure gun storage or safety device, and it authorizes DOJ to suspend or revoke any
firearms license, or to subject the licensee to a civil penalty of up to $10,000, if the
licensee has knowingly violated this prohibition. Further, the bill prohibits keeping a
loaded firearm or an unloaded firearm and ammunition within any premises knowing or
recklessly disregarding the risk that a child is capable of gaining access to it, and will
use the firearm to cause death or serious bodily injury. Finally, H.R. 257 requires the
parent or legal guardian of a child to ensure that a child attending a gun show is
accompanied by an adult; authorizes DOJ to provide grants to enable local law
enforcement agencies to develop and sponsor gun safety classes for parents and
children; and expresses the sense of Congress that each school district should provide
or participate in a firearms safety program for students. Sponsor: Representative
Sheila Jackson-Lee (D-TX). Status: Introduced on February 9, 2009.
H.R. 1303, Communities in Action Neighborhood Defense and Opportunity
(“CAN DO “) Act. The bill directs DOJ to establish a five-year program of grants to six
communities to establish and maintain pilot programs for CAN DO Centers to
establish, administer, and coordinate the Safer Streets Strategy Group Program and
Guns off Our Streets Program; the Operation Community Patrol Program; the Street
Monitoring Program; and the Services Providers Network. Sponsor: Representative
Bobby Rush (D-IL). Status: Introduced on March 4, 2009.
S. 843, Gun Show Background Check Act. The bill requires registration of gun show
promoters and to set forth the responsibilities of promoters, licensees, and other
transferors. It provides that if any part of a firearm transaction takes place at a gun
show, each licensed importer, manufacturer, and dealer who transfers one or more
firearms to a person who is not licensed must, within 10 days after the transfer, submit
a report of the transfer to DOJ. The bill grants DOJ authority to enter the place of
business of any gun show promoter and any place where a gun show is held, during
business hours and without a showing of reasonable cause or a warrant, for purposes
of examining records and the inventory of licensees conducting business to determine
compliance with this Act. Additionally, it increases penalties for serious record-keeping
violations by licensees, and violations of criminal background check
requirements. Sponsor: Senator Frank Lautenberg (D-NJ). Status: Introduced on
April 21, 2009.
61
62
VIOLENCE INVOLVING
TECHNOLOGY (The Internet and
Online Predators, Cyber Bullying and
Video Games)
Online bullying, also called cyberbullying, happens when individuals use the
Internet, cell phones, or other electronic messaging devices to send or post text or
images intended to hurt or embarrass another person. According to the National
Crime Prevention Council, cyberbullying is a problem that affects almost half of all
American teens.19 It can be associated with violent events, such as the tragic suicide
in 2010 of the 15 year-old girl in Massachusetts described in part VI.
Online predators – adult users of the Internet who seek to exploit vulnerable
children or teens – constitute a serious concern which the federal government is now
addressing. The FBI’s Innocent Images National Initiative, part of its Cyber Crimes
Program, teams FBI agents and local police in proactive task forces around the
country, where they work online undercover to investigate those who prey on
children. The mission of the initiative is to reduce the vulnerability of children to acts
of sexual exploitation and abuse which are facilitated through the use of computers;
to identify and rescue child victims; to investigate and prosecute sexual predators
who use the Internet and other online services to sexually exploit children for
personal or financial gain; and to strengthen the capabilities of federal, state, local,
and international law enforcement through training programs and investigative
assistance.20
There is a growing body of scientific research linking video games that include
aggression, violence and sexualized violence to negative behaviors and attitudes in
children. The growing prevalence of violence in video games used by young people
is a concern, although it is not one that has yet prompted action by Congress.
19
National Crime Prevention Council, Cyberbullying (http://www.ncpc.org/cyberbullying).
20
Federal Bureau of Investigation, Innocent Images National Initiative (http://www.fbi.gov/publications/innocent.htm).
63
Law Relating to Violence Involving Technology
The PROTECT Our Children Act of 2008, Public Law 110–401, established a National
Strategy for Child Exploitation Prevention and Interdiction. The National Strategy is to
include comprehensive long-range goals for reducing child exploitation; annual budget
priorities and federal efforts for combating child exploitation; a five-year projection for
program and budget goals and priorities; a review of the policies and work of DOJ
related to the prevention and investigation of child exploitation crimes; a description of
DOJ efforts to coordinate with international, state, local, and tribal law enforcement and
private entities on child exploitation prevention and interdiction efforts; a review of
Internet Crimes Against Children (ICAC) Task Force Programs; plans for reducing the
backlog of forensic analysis for child exploitation cases; a review of federal programs
for child exploitation prevention and education; plans for liaisons with the judiciary on
matters relating to child exploitation; an assessment of federal investigative and
prosecution activity relating to reported incidents of child exploitation crimes; a review
of statistical data indicating the overall magnitude of U.S. and international child
pornography trafficking; and a review of the cooperation between the private and public
sector in combating child exploitation. It also establishes within DOJ a National Internet
Crimes Against Children Task Force Program to address online enticement of children,
child exploitation, and child obscenity and pornography. The law also directs the
Attorney General to establish a National Internet Crimes Against Children Data System
(ICAC Data System) to assist in investigating and prosecuting child exploitation.
Grants and Assistance Programs Relating to
Violence Involving Technology
Research on Technology-Facilitated Crimes Against Children.
This DOJ grant program’s goal is to advance understanding of Internetand technology-facilitated crimes against children and juveniles. Its
objective is to produce information that will assist federal, state, and
local law enforcement and prosecutors involved with Internet- or
technology-facilitated crimes against children cases, policymakers, and
professionals who care for and educate children and youth.
Internet Crimes Against Children Task Force Program Grants.
This DOJ program helps state and local law enforcement agencies
develop effective responses to online enticement of children by sexual
predators, child exploitation, and child obscenity and pornography
cases.
64
Pending Legislation Relating to
Violence Involving Technology
H.R. 231, to require certain warning labels to be placed on video games that are given
certain ratings due to violent content. The bill requires the Consumer Product Safety
Commission to issue regulations requiring that a specified warning label be placed on
the packaging of any video game that is rated T (for Teen) or higher by the Electronics
Software Ratings Board. Sponsor: Representative Joe Baca (DCA). Status: Introduced on January 7, 2009.
H.R. 1076/S. 436, Internet Stopping Adults Facilitating the Exploitation of Today’s
Youth (SAFETY) Act. The bill amends the federal criminal code to prohibit financial
transactions in interstate or foreign commerce that facilitate access to, or the
possession of, child pornography; prohibit conduct by an Internet content hosting
provider or email service provider that facilitates access to, or the possession of, child
pornography; require providers of electronic communication or remote computing
services to retain certain user records for at least two years; establish certain child
sexual exploitation crimes as a predicate for money laundering prosecutions; increase
criminal penalties for sexual exploitation of children and for child pornography; and
establish embezzlement or theft of public property and bribery as predicates for
racketeering prosecutions. Sponsor: Representative Lamar Smith (R-TX) introduced
H.R. 1076, and Senator John Cornyn (R-TX) introduced S. 436. Status: Both H.R.
1076 and S. 436 were introduced on February 13, 2009.
H.R. 1966, Megan Meier Cyberbullying Prevention Act. The bill amends the federal
criminal code to impose criminal penalties on anyone who transmits in interstate or
foreign commerce a communication intended to coerce, intimidate, harass, or cause
substantial emotional distress to another person, using electronic means to support
severe, repeated, and hostile behavior. Sponsor: Representative Linda Sanchez (DCA). Status: Introduced on April 2, 2009.
H.R. 3512, Capturing On-line Predators Act. The bill a amends the federal criminal
code to impose a fine and/or prison term of up to 10 years for knowingly
misrepresenting one’s age in any Internet communication to a minor to persuade or
coerce any individual to engage in illicit sexual activity. Sponsor: Representative
Steve Scalise (R-LA). Status: Introduced on July 31, 2009.
H.R. 3630, Adolescent Web Awareness Requires Education (AWARE) Act. The
bill directs DOJ to award grants to local educational agencies (LEAs), partnerships
between states and LEAs, nonprofit organizations, or consortia of elementary and
secondary schools that collaborate with such entities to carry out an age-appropriate,
research-based Internet safety education program that encourages safe and
responsible Internet use. It requires such program to educate children, parents, and
communities about how to prevent or respond to problems or dangers related to the
Internet or new media. Further, the bill directs the Department to enter into contracts
65
with one or more private companies, government agencies, or nonprofit organizations
to complete a study on Internet safety, and provide technical assistance to grant
recipients. Sponsor: Representative Debbie Wasserman Schultz (D-FL). Status: A
hearing was held on the bill in the House Energy and Commerce Committee on
September 30, 2009.
H.R. 4059, Online Age Verification and Child Safety Act. The bill makes it unlawful
for an operator of a pornographic website to display any pornographic material without
first verifying that any user is at least 18 years old. The bill also makes it unlawful for
an operator of a website to carry out any financial transaction involving any product or
service whose sale or access to persons under a legally specified age is prohibited by
federal or state law without first verifying that any user meets the age requirement, and
it imposes criminal penalties. H.R. 4059 requires any Internet payment service
provider or business performing financial transactions relating to pornographic material
or to age-restricted products or services only process age-verified transactions. It also
requires violations to be treated as violations of a rule regarding unfair or deceptive
acts or practices, and enforcement by the Federal Trade Commission. Sponsor:
Representative Bart Stupak (D-MI). Status: Introduced on November 6, 2009.
S. 1047, School And Family Education about the Internet Act (SAFE) Internet
Act. The bill authorizes grants to carry out an age-appropriate, research-based
Internet safety education program and other activities relating to Internet safety. It also
requires a study on Internet safety, and technical assistance to recipients of
grants. Sponsor: Senator Robert Menendez (D-NJ). Status: Introduced on May 14,
2009.
Resolutions Relating to Violence Against
Women & Domestic Violence
H.Res. 25, National Internet Safety Month. The resolution recognizes that parents,
teachers, and community leaders can empower children to resist online sexual
predators, and encourages parents to take online safety concerns seriously and to
safeguard family members from such threats. It asks state governors to actively
promote National Internet Safety Month, and encourages the launch of a national
media campaign on Internet safety awareness. Sponsor: Representative Gene
Green (D-TX). Status: Introduced on January 7, 2009.
66
HATE CRIMES
Generally speaking, hate crimes are criminal
offenses, including acts of violence, motivated by a bias
against the victim’s perceived race, religion, ethnicity, sexual orientation, or disability.
American communities unfortunately have experienced criminal acts of hatred and
prejudice and various other forms of violent hate crimes over the years, ranging from
the lynchings perpetrated against African Americans during the early part of the last
century, to the violent criminal acts of neo-Nazi Skinheads during the 1980s, to the
brutal murders of James Byrd, Jr. and Matthew Shepard (highlighted below) a dozen
years ago. While hate crimes continue to be perpetrated, the federal government is
now working with state and local law enforcement to track these instances of crime in
order to gain a better understanding of such threats and possible means to deter
them.
Investigating hate crime is currently the number one priority of the FBI’s Civil
Rights Program.21 The FBI tracks crimes motivated by biases based on race,
religion, sexual orientation, ethnicity/national origin, and disability. In 2008, the most
recent year for which reports have been fully compiled, law enforcement agencies
provided the FBI with reports of 7,783 hate crime incidents involving 9,168
offenses.22 Of the 9,168 reported hate crime offenses in 2008, 32.4 percent were
related to destruction, damage, or vandalism; 29.5 percent were related to
intimidation; 19.4 percent involved simple assault; 11.2 percent involved aggravated
assault; and 7.5 percent were related to other crimes against persons, property, and
society at large.23
A troubling statistic, given the progress that American society has generally
made over nearly a half-century since the nonviolent crusade led by Dr. Martin Luther
King, Jr., is the percentage of reported hate crimes based on racial bias (51
percent).24 Of those crimes, the FBI notes that 72.9 percent of hate crime incidents
involved victims of an offender’s reported anti-black bias.25
21
See Federal Bureau of Investigation (FBI), Hate Crime – Overview (http://www.fbi.gov/hq/cid/civilrights/overview.htm).
22
FBI, 2008 Hate Crime Statistics (http://www.fbi.gov/ucr/hc2008/incidents.html).
23
Id.
24
Id.
25
Id.
67
The Cases of James Byrd, Jr. and Matthew Shepard
Among the most notorious of hate crimes in recent years were perpetrated in
1998 against James Byrd, Jr. and Matthew Shepard. Byrd was a 49 year-old
African American citizen of Jasper, Texas who in June 1998 accepted a ride
from three white men, who drove him to a rural location. The men severely beat
him until he became unconscious, and then tied him by his ankles to the bumper
of their truck and dragged him for over two miles, causing his death. The three
men convicted of Byrd’s murder (two of whom were sentenced to death) were
found to have ties to white supremacist organizations.26
In October of the same year Matthew Shepard, a 21 year-old student at the
University of Wyoming at Laramie, accepted a ride from two men whom he had
met in a bar. The men, who perceived Shepard to be homosexual, drove him to
a remote area where they severely tortured him, fracturing his skull and burning
his body, and tied him to a split-rail fence, abandoning him in near-freezing
temperatures where he remained for approximately 18 hours before being
discovered. Five days later, Shepard died in a hospital as a result of injuries
caused by the violent attack.27
While these two tragic cases of violence had nothing to do with each other and
involved different communities, Congress saw them as part of the larger
problem of hate crime. In 2009, President Barack Obama signed into law the
Matthew Shepard and James Byrd, Jr. Act, discussed below, which expanded
hate crime protections.
Laws Relating to Hate Crimes
The Civil Rights Laws, 18 U.S.C.¶ 245(b)(2), authorized federal prosecution of
anyone who uses force to willingly injure another person “because of the other
person’s race, color, religion or national origin” because of the victim’s attempt to
engage in one of a number of federally protected activities, such as attending school,
patronizing a public facility, applying for employment, acting as a juror in a state court,
or voting. If bodily injury results, or if the offensive conduct involves the use of
firearms, explosives or fire, individuals can receive prison terms of up to 10 years,
while crimes involving kidnapping, sexual assault, or murder can be punishable by life
in prison or the death penalty.
26
See generally 10 Years Later, Dragging Death Changes Town: Horrific Killing of Black Man in Texas Jolted Nation,
MSNBC (June 6, 2008) (http://www.msnbc.msn.com/id/25008925/); 3 Whites Indicted in Dragging Death of Black Man In Texas,
CNN (July 6, 1998) (http://www.cnn.com/US/9807/06/dragging.death.02/).
27
See generally Gay Man Beaten and Left for Dead; 2 Are Charged, New York Times (October 10, 1998) (http://
www.nytimes.com/1998/10/10/us/gay-man-beaten-and-left-for-dead-2-are-charged.html); Matthew Shepard Foundation website
(http://www.matthewshepard.org/site/PageServer).
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The Hate Crime Statistics Act of 1990, Public Law 101-275, required DOJ to collect
data on crimes committed because of the victim’s race, religion, disability, sexual
orientation, or ethnicity.
The Violent Crime Control and Law Enforcement Hate Crimes Prevention Act of
1994, Public Law 103-322, required the United States Sentencing Commission to
provide sentencing enhancements of not less than three offense levels for offenses
determined to be hate crimes.
The Matthew Shepard and James Byrd, Jr. Act of 2009, Public Law 111-84
(enacted as part of the National Defense Authorization Act for Fiscal Year 2010)
expanded existing United States federal hate crime law to include crimes motivated by
a victim’s actual or perceived gender, sexual orientation, gender identity, or disability,
and dropped the prerequisite that the victim be engaging in a federally protected
activity, such as voting or traveling to school.
Grants and Assistance Programs Relating to Hate
Crimes
Title V Program Grants to Prevent Hate Crimes. DOJ’s Title V
program funds initiatives to prevent hate crimes committed by juveniles.
Community Relations Service (CRS) Programs. Created by the Civil
Rights Act of 1964, DOJ’s CRS addresses community conflicts and
tensions arising from differences of race, color, and national origin.
CRS professionals, working with police officials and civil rights
organizations, have acted to defuse community tensions and prevent
disorders that could have escalated into riots. For example, CRS
professionals have provided technical assistance to law enforcement
officials and community groups facing the impact of a Klan rally or a
demonstration by organized hate groups. CRS professionals have also
provided training and assistance for law enforcement across the
country.
Office for Victims of Crime (OVC) Programs. DOJ’s OVC has
provided funding for the development of a training curriculum to
improve the response of law enforcement and victim assistance
professionals to victims of hate crimes. The OVC curriculum also
promotes coordinated action between law enforcement officials and
victim assistance professionals in the investigation and prosecution of
these crimes.
Community Oriented Policing Services (COPS) Programs. The
DOJ COPS Office provides essential funding for the law enforcement
hate crime training initiative. In addition, the COPS Office funds bias
crime-related initiatives under its $40 million Problem-Solving
Partnership grant program.
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Recent Congressionally Directed Appropriations
for Projects Relating to Hate Crimes
•
$1,000,000 to the Simon Wiesenthal Center to provide sensitivity
training to law enforcement when investigating hate crimes.
Pending Legislation Relating to Hate Crimes
H.R. 256, the David Ray Hate Crimes Prevention Act of 2009. The bill imposes
penalties for willfully causing bodily injury to any person or, through the use of fire, a
firearm, or an explosive device, attempting to cause such injury because of the race,
color, religion, national origin, gender, sexual orientation, or disability of any
person. H.R. 256 directs the U.S. Sentencing Commission to study the issue of adult
recruitment of juveniles to commit hate crimes and, if appropriate, to amend the federal
sentencing guidelines to provide sentencing enhancements for such an offense. It also
requires DOJ to make grants to state and local programs designed to combat hate
crimes committed by juveniles, and authorizes an increased number of personnel to
protect against criminal interference with federally-protected activities. Sponsor:
Representative Sheila Jackson-Lee (D-TX). Status: Introduced on May 21, 2009.
H.R. 1913/S. 909, Local Law Enforcement Hate Crimes Prevention Act. The
legislation authorizes DOJ to provide technical, forensic, prosecutorial, or other
assistance in the criminal investigation or prosecution of a violent crime, a hate crime,
or a crime that constitutes a felony under state or local law, giving priority to cases
involving crimes committed in more than one state and to rural jurisdictions that have
difficulty covering extraordinary investigation or prosecution expenses. It authorizes
grants for extraordinary expenses associated with the investigation and prosecution of
hate crimes, and to award grants to combat hate crimes committed by juveniles. The
legislation also amends the federal criminal code to prohibit willfully causing bodily
injury to any person through the use of fire, a firearm, a dangerous weapon, or an
explosive or incendiary device because of the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity, or disability of any person. It
imposes a fine and/or prison term of up to 10 years for violations and a life term if a
death results from a violation or certain other violent crimes are involved. Sponsors:
Representative John Conyers (D-MI) introduced H.R. 1913, and the late Senator
Edward Kennedy (D-MA) introduced S. 909. Status: H.R. 1913 passed the House on
April 29, 2009. S. 909 was introduced in the Senate on April 28, 2009.
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APPENDIX A
State Legislation Relating to Violence Prevention
The following provides a sampling of violence prevention related legislation
(both bills and resolutions) recently introduced in state legislatures of the 18
states in which CHI facilities are located (Arkansas, Colorado, Iowa, Kansas,
Kentucky, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, North
Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Washington,
and Wisconsin). State legislature website addresses, which provide search
engines for all legislation introduced, are provided following each list of state
bills and resolutions.
Arkansas
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 1038, Authorizing arrests and criminal penalties for violations of protective orders.
The bill makes it unlawful for an individual who is subject to a protective order or
convicted of a misdemeanor of domestic violence to ship, transport, or possess a
firearm or ammunition.
HB 1058, Eliminating the statute of limitations on prosecution for rape offenses if
biological evidence of the alleged perpetrator is capable of producing a DNA profile.
HB 1414, Amending the state domestic abuse statute to include dating relationships
among “domestic” relationships.
HB 1545, Establishing a civil liability for the offense of stalking.
HB 1578, Requiring restrictions on and supervision of a convicted sex offender’s
access to the Internet, among other purposes.
Website: http://www.arkleg.state.ar.us/assembly/2009/2010F/Pages/Home.aspx
Colorado
Bills are designated as HB (House Bill) and SB (Senate Bill), and resolutions are
designated as HJR (House Joint Resolution) and SJR (Senate Joint Resolution).
Bills introduced:
HB 10-1135, Addressing domestic violence in child custody.
SB 10-066, Concerning procedures for reporting child abuse and neglect.
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SB 10-140, Relating to human trafficking.
SB 10-171, Concerning a child protection ombudsman program.
Resolutions introduced:
HJR 10-1021, Recognizing Child Abuse Prevention Month.
Website: http://www.leg.state.co.us/
Iowa
Bills designated as HF (House File) and SF (Senate File)
Bills introduced:
HF 65, Concerning a shaken baby syndrome prevention program.
HF 2092, Providing sanctions against hate crimes, including assault, against homeless
persons.
HF 2248, Requiring electronic monitoring for person convicted of domestic assault or
stalking.
HF 2372, Classifying as a Class D felony any assault, without the intent to cause
serious injury, which causes serious injury.
HF 2397, Prohibiting a person subject to a protective order or having been convicted of
domestic violence from possessing firearms and weapons.
SF 2082, Providing an income tax checkoff for a child abuse prevention program.
SF 2351, Providing for enhanced penalties for domestic abuse assault.
Website: http://www.legis.state.ia.us/index.html
Kansas
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 2099, Providing that a public agency is not required to disclose the name, address,
or other contact information of an alleged victim of stalking, domestic violence, or
sexual assault.
HB 2397, Creating the crimes of assault, aggravated assault, battery, and aggravated
battery against mass transit system employees.
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HB 2435, Increasing penalties for an attempt, conspiracy, or solicitation of a sex crime
involving victims under 14 years of age, for aggravated trafficking, rape, aggravated
indecent liberties with a child, aggravated criminal sodomy, promoting prostitution, and
sexual exploitation of a child.
HB 2509, Requiring agencies with jurisdiction over an offender who is a sexually
violent predator to notify the Attorney General and the multidisciplinary sexually violent
predator assessment team 90 days before the offender is placed in a work release
program.
HB 2517, Requiring that if a law enforcement officer determines there is probable
cause to believe a person has committed a crime or offense involving domestic
violence, the officer must arrest the person; requiring defendants in any criminal
offense for domestic violence to undergo domestic violence offender assessments;
requiring the Kansas Bureau of Investigation to provide the Governor’s Domestic
Violence Fatality Review Board with information related to domestic violence crimes;
and allowing courts to assess fees for domestic violence crime cases.
HB 2628, Requiring the board of education of each school district to adopt a policy to
prohibit bullying (including cyber-bullying) on or while utilizing school property, in a
school vehicle or at a school-sponsored activity or event, which must include
provisions for the training and education for staff members and students.
SB 94, Authorizing Social and Rehabilitation Services custody for a 16 or 17 year old
youth showing signs of physical, mental, emotional, or sexual abuse.
Website: http://www.kslegislature.org/legsrv-bills/index.do
Kentucky
Bills are designated as HB (House Bill) and SB (Senate Bill), and resolutions are
designated as HR (House Resolution) and SR (Senate Resolution).
Bills introduced:
HB 1, Requiring GPS monitoring and other sanctions for domestic violence offenders.
HB 25, Addressing dating violence.
HB 64, Providing sanctions related to criminal gangs.
HB 73, Relating to domestic violence and protective orders.
HB 76, Providing sanctions related to assault committed by strangulation of a family
member.
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HB 500, Providing examination services for victims of sexual offenses.
SR 89, Recognizing Assault Awareness Month.
Website: http://www.lrc.ky.gov/legislation.htm
Maryland
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 157, Prohibiting the use of specified firearms in the commission of crimes of
violence or felonies.
HB 457, Increasing penalties and restrictions on pretrial release related to elder abuse
or neglect.
HB 523, Increasing the maximum penalty to life imprisonment for first degree child
abuse resulting in death of the victim.
HB 625, Requiring the Administrative Office of the Courts to maintain a Domestic
Violence Central Repository, and requiring that the Central Repository store domestic
violence orders issued in the state.
HB 650, Prohibiting a person from committing a crime of violence while knowingly in
the presence of a minor who witnesses the crime in a residence.
HB 911, Requiring the State Board of Education to adopt in the public schools a
program on dating violence, and recognizing “Tween/Teen Dating Violence Education
and Awareness Week.”
SB 123, Allowing victims of domestic violence who sought temporary lodging to avoid
further injury to receive an award from the Criminal Injuries Compensation Fund for
reasonable costs of up to 14 days of temporary lodging.
Website: http://mlis.state.md.us/
Minnesota
Bills are designated as HF (House File) and SF (Senate File).
Bills introduced:
HF 0036, Providing a life imprisonment sentence for persons convicted of three or
more violent felonies.
HF 0069, Requiring violent offenders to consent to searches as a condition of being
released on probation, supervised release, or parole.
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HF 0139, Recognizing Domestic Violence Awareness Month.
HF 0782, Requiring shaken baby syndrome training in licensed child care and child
foster care programs.
HF 1199, Defining felony domestic assault and domestic assault by strangulation as
crimes of violence.
HF 1273, Expanding domestic abuse arrest time.
Website: http://www.leg.state.mn.us/leg/legis.asp.
Nebraska
Bills are designated as LB (Legislative Bill). (Note: The Nebraska Legislature is
unique in the nation as a unicameral body; all members are Senators, and its
leadership is not based on party affiliation.)
Bills introduced:
LB 694, Providing restrictions and penalties for sexual predators.
LB 860, Restricting concealed handgun permits for persons who have been convicted
of misdemeanor crimes of violence.
LB 968, Setting misdemeanor and felony classifications for various categories of
domestic abuse.
LB 984, Setting misdemeanor and felony classifications for various categories of child
abuse.
Website: http://nebraskalegislature.gov/bills/
New Jersey
Bills are designated as A (Assembly) and S (Senate).
Bills introduced:
A 126, Clarifying goals of a domestic violence public awareness campaign pertaining
to risk factors, and requiring that public awareness notices include language used by
substantial segments of local populations.
A 127, Directing the Division on Women to conduct an audit of the coordination of
community responses to domestic violence.
A 1422, Establishing a two-year Gang Violence Prevention Pilot Program in the
Department of Children and Families.
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A 1792, Establishing the New Jersey Task Force on Domestic Violence and Abuse.
A 3807, Requiring each school district to adopt a dating violence policy to prevent and
address incidents involving dating violence.
A 4363, Establishing a “Domestic Violence Victim Protection Pilot Program.”
Website: http://www.njleg.state.nj.us/bills/bills0001.asp
New Mexico
Bills are designated as HB (House Bill) and SB (Senate Bill), and resolutions are
designated as HM (House Memorial) and SM (Senate Memorial).
Bills introduced:
HB 154, Concerning enforcement of domestic violence protection, and enacting the
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act to
establish uniform procedures that enable courts to recognize and enforce valid
domestic protection orders issued in other jurisdictions.
HB 174, Prohibiting participation in and recruiting for criminal street gangs, and
enhancing the basic sentence for crimes committed in furtherance of criminal street
gang activity.
SB 26, Creating the New Mexico Domestic Violence Commission.
SB 279, Clarifying that law enforcement officers must have a valid search warrant
when attempting to serve an arrest warrant at a domestic violence shelter.
Resolutions introduced:
HM 57, Encouraging law enforcement to make violent crimes a priority.
HM 58, Requesting that the Domestic Violence Leadership Commission study the
consequences of a conviction of domestic violence to professional licensure or
certification.
Website: http://legis.state.nm.us/lcs/
North Dakota
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 1041, Relating to a statewide automated victim information and notification system.
HB 1185, Establishing criminal penalties for human trafficking.
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HB 1272, Establishing criminal penalties for sexual acts or conduct involving coercion.
HB 1291, Requiring electronic monitoring for individuals who are the subject of a
domestic violence protection order.
SB 2230, Authorizing grants for domestic violence sexual assault organizations.
Website: http://www.legis.nd.gov/
Ohio
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 10, Allowing a juvenile court to issue a protective order on behalf of persons
(including foster parents) who are determined to be victims of acts of domestic violence
committed by a child.
HB 19, Requiring each school district board of education to adopt a policy to prevent
and address incidents of dating violence at school or school events, to provide staff
training on dating violence prevention, and to include dating violence prevention
education for grades 7 through 12 within the district’s health education curriculum; and
requiring the State Board of Education to develop model dating violence prevention
policies, standards, and educational curricula.
HB 167, Prohibiting an employer from knowingly discharging, failing to hire, or
otherwise discriminating or retaliating against an individual because the individual is
perceived to be or is a victim of domestic violence or stalking.
HB 429, Requiring the Ohio Attorney General’s Office to track the issuance and
violation of civil and criminal protection orders granted for the protection of victims of
domestic violence, and requiring the Ohio Department of Health to establish
procedures and provide training to the domestic violence fatality review boards.
SB 49, Requiring imposition of a ten-year prison term on a person who discharges a
firearm while committing an offense and causes injury or death to a child.
SB 67, Requiring that sexually violent predators be monitored by GPS devices
following release from prison and pay the cost of monitoring by GPS devices, among
other purposes.
Resolution introduced:
SR 96, Recognizing Domestic Violence Awareness Month.
Website: http://www.legislature.state.oh.us/
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Oregon
Bills are designated as HB (House Bill) and SB (Senate Bill). Resolutions are
designated as HJM (House Joint Memorial) and SJM (Senate Joint Memorial).
Bills introduced:
HB 2599, Requiring school districts to develop policies prohibiting harassment,
intimidation, or bullying, and prohibiting cyberbullying.
HB 3273, Providing support services for adult victims of domestic violence who have
children in the child welfare system, and for other purposes.
HB 3631, Prohibiting health insurers from treating injuries sustained from sexual
violence as preexisting condition for coverage, underwriting or rating purposes.
Resolution introduced:
HJM 22, Condemning acts of violence and hatred based on sexual orientation, gender
identity and other personal characteristics.
Website: http://www.leg.state.or.us/
Pennsylvania
Bills are designated as House Bill and Senate Bill, and resolutions are designated as
House Resolution and Senate Resolution.
Bills introduced:
House Bill 59 P.N. 42, Establishing and financing the Prevention of Hate Activity Fund.
House Bill 831 P.N. 938, Establishing a statewide gang information database.
Senate Bill 1116 P.N. 1485, Providing for policies relating to dating violence and for
instruction relating to dating violence, and for other purposes.
Resolutions introduced:
House Resolution 584 P.N. 3073, Recognizing “Teen Dating Violence Awareness and
Prevention Week”
Senate Resolution 34 P.N. 499, Directing the Joint State Government Commission to
study the issue of violent crime.
Senate Resolution 63 P.N. 785, Recognizing Sexual Assault Awareness Month.
Senate Resolution 188 P.N. 1457, Recognizing Domestic Violence Awareness Month
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Senate Resolution 209 P.N. 1495, Recognizing No Place for Hate Week.
Senate Resolution 308 P.N. 307, Establishing the Judicial Education Program in
Domestic Violence, and requiring judges to attend and successfully complete the
program.
Website: http://www.legis.state.pa.us/cfdocs/legis/home/session.cfm
South Dakota
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 1182, Allowing evidence of a prior offense of sexual assault when a defendant is
charged with a sex crime.
HB 1267, Requiring each county coroner to take blood samples of any person who has
died from apparent violence, fire, suicide, or specified accidents.
HB 1279, Requiring each school district to develop a policy to prohibit bullying and
harassment.
HB 1283, Classifying certain serious injuries to infants as aggravated assault and
providing penalties for offenders.
HB 1293, Adopting the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act.
Website: http://legis.state.sd.us/
Tennessee
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 323, Allowing a tenant who is the victim of domestic abuse, sexual assault, or
stalking to terminate a residential lease agreement upon submitting proof to the
landlord and vacating the premises.
HB 451, Requiring school districts to develop policies prohibiting harassment,
intimidation, or bullying.
HB 555, Providing that a crime of force or violence committed while acting in concert
with two or more persons is punished one classification higher than otherwise
provided.
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HB 609, Authorizing reimbursement from the criminal injuries compensation fund for
the costs of temporary lodging for a victim of domestic violence, not to exceed 14 days.
SB 1063, Requiring an awareness campaign for health care providers concerning their
reporting duties relating to domestic violence.
SB 2711, Enhancing the penalty for the offense of domestic assault to one of
aggravated assault.
Website: http://www.legislature.state.tn.us/
Washington
Bills are designated as HB (House Bill) and SB (Senate Bill).
Bills introduced:
HB 1220, Ensuring punishment for domestic violence offenders.
HB 1643, Addressing harassment, intimidation, and bullying policies and practices at
regional universities.
HB 2048, Preventing the possession on school facilities of certain nonfirearm-related
weapons that have the capacity to inflict death or substantial bodily harm.
HB 2477, Imposing liability for the criminal use of firearms sold at gun shows or events.
HB 2827, Prohibiting a person arrested and detained for a crime involving domestic
violence from being released until the person has appeared before the court at the
preliminary appearance or arraignment.
HB 2834, Addressing gang and hate group activity at schools and school activities.
SB 5056, Requiring health care professionals to report patient information in cases of
violent injury.
Website: http://apps.leg.wa.gov/billinfo/
Wisconsin
Bills are designated as AB (Assembly Bill) and SB (Senate Bill). Resolutions are
designated as AR (Assembly Resolution) and SR (Senate Resolution).
Bills introduced:
AB 277, Providing a penalty for discriminating in housing because of domestic abuse
victim status.
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AB 480, Creating a civil cause of action for acts of violence motivated by gender.
AB 558, Providing a penalty for possession of a firearm by a person who has
committed a misdemeanor crime of domestic violence.
SB 248, Enhancing penalties for committing domestic abuse in the presence of a child.
SB 283, Providing a penalty for violation of the 72-hour no contact provision in
domestic violence cases.
Resolution introduced:
AR 13, Recognizing Domestic Violence Awareness Month.
Website: http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates$fn=default.htm
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APPENDIX B
Frequently-Used Acronyms
CDC
Center for Disease Control
DOD
Department of Defense
DOJ
Department of Justice
HHS
Department of Health and Human Services
HUD
Department of Housing and Urban Development
OJJDP
Office of Juvenile Justice and
Delinquency Prevention
SAMSHA
Substance Abuse and Mental Health Services
Administration
TANF
Temporary Assistance for Needy Families
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