[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8615 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8615
To authorize the court to impose a sentence that is below the minimum
statutory sentence in the case of a victim offender.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2024
Mr. Morelle (for himself and Mrs. Dingell) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the court to impose a sentence that is below the minimum
statutory sentence in the case of a victim offender.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice in Sentencing for Survivors
Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Although the United States has less than 5 percent of
the world's population, the United States has one of the
highest rate of incarceration in the world, with over 1,900,000
people incarcerated in state and Federal prisons, local jails,
juvenile correctional facilities, immigration detention
facilities, and jails operated by Tribal authorities.
(2) Between 1980 and 2021, the number of incarcerated women
increased by more than 525 percent, rising from a total of
26,326 in 1980 to 168,449 in 2021.
(3) More than 79 million people in the United States have a
criminal record, creating barriers to housing, jobs,
healthcare, and food assistance, among many other collateral
consequences.
(4) Survivors of abuse and sex trafficking are often
punished by the United States legal system.
(5) One study found, of incarcerated women--
(A) 86 percent report having experienced sexual
violence in their lifetime;
(B) 77 percent report partner violence; and
(C) 60 percent report caregiver violence.
(6) Rates of childhood and adult trauma are notably
elevated among incarcerated men.
SEC. 3. SENTENCING OFFENDERS WHO ARE SURVIVORS OF ABUSE.
(a) Sentencing Victim Offenders.--Notwithstanding any other
provision of law, in the case of a victim offender, the court shall
have the authority to impose a sentence that is below the minimum
sentence established by statute in consideration of any sexual assault,
stalking, dating violence, domestic violence, or severe forms of
trafficking in persons experienced by the victim offender.
(b) Imposing Alternative Sentence.--Notwithstanding any other
provision of law, the court shall have the authority to impose a
sentence of probation, community confinement or a combination thereof,
in consideration of any sexual assault, stalking, dating violence,
domestic violence, or severe forms of trafficking in persons
experienced by the victim offender.
(c) Certain Considerations.--A victim offender may be eligible for
the imposition of a sentence pursuant to subsection (a) or an
alternative sentence pursuant to subsection (b) even if--
(1) any sexual assault, stalking, dating violence, domestic
violence, or severe forms of trafficking in persons experienced
by victim offender--
(A) did not result in physical injury;
(B) was not experienced for a long period of time;
or
(C) did not occur contemporaneously with the
commission of the offense; or
(2) the offense was committed against someone other than
the perpetrator of the sexual assault, stalking, dating
violence, domestic violence, or severe forms of trafficking in
persons experienced by the victim offender.
(d) Consideration of Certain Evidence.--
(1) In general.--The victim offender's ability or failure
to offer evidence to the court prior to sentencing with respect
to any sexual assault, stalking, dating violence, domestic
violence, or severe forms of trafficking in persons experienced
by the victim offender shall not determine their eligibility
for the imposition of a sentence pursuant to subsection (a) or
an alternative sentence pursuant to subsection (b).
(2) Affidavit.--In determining whether relief is
appropriate under subsection (a) or (b), the court may consider
an affidavit that demonstrates, by a preponderance of the
evidence, that the victim offender has experienced physical,
emotional, sexual, or psychological abuse, trauma, or neglect.
(e) Applicability.--
(1) Pending cases.--This Act shall apply to any sentence
imposed on, or after the date of the enactment of this Act.
(2) Past cases.--In the case of a victim offender who,
before the date of enactment of this Act, was convicted or
sentenced for a Federal offense, the sentencing court may, on
motion of the victim offender, the Bureau of Prisons, the
attorney for the Government, or on its own motion, impose a
sentence in accordance with subsections (a) or (b).
(f) Directive to United States Sentencing Commission.--Pursuant to
its authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and the policy statements of the Commission, as
appropriate, to include as a factor to be considered in imposing a
sentence any sexual assault, stalking, dating violence, domestic
violence, or severe forms of trafficking in persons experienced by a
victim offender.
(g) Definitions.--In this Act:
(1) Dating violence.--The term ``dating violence'' means
violence committed by a person--
(A) who is or has been in a social relationship of
a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
(i) The length of the relationship.
(ii) The type of relationship.
(iii) The frequency of interaction between
the persons involved in the relationship.
(2) Domestic violence.--The term ``domestic violence''
includes felony or misdemeanor crimes committed by a current or
former spouse or intimate partner of the victim under the
family or domestic violence laws of the jurisdiction receiving
grant funding and, in the case of victim services, includes the
use or attempted use of physical abuse or sexual abuse, or a
pattern of any other coercive behavior committed, enabled, or
solicited to gain or maintain power and control over a victim,
including verbal, psychological, economic, or technological
abuse that may or may not constitute criminal behavior, by a
person who--
(A) is a current or former spouse or intimate
partner of the victim, or person similarly situated to
a spouse of the victim;
(B) is cohabitating, or has cohabitated, with the
victim as a spouse or intimate partner;
(C) shares a child in common with the victim; or
(D) commits acts against a youth or adult victim
who is protected from those acts under the family or
domestic violence laws of the jurisdiction.
(3) Sex offense.--The term ``sex offense'' shall have the
meaning given such term in section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 (34 U.S.C. 20911).
(4) Sexual assault.--The term ``sexual assault'' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to consent.
(5) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' shall have the
meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
(6) Stalking.--The term ``stalking'' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to--
(A) fear for his or her safety or the safety of
others; or
(B) suffer substantial emotional distress.
(7) Victim offender.--The term ``victim offender'' includes
an individual--
(A) who has experienced sexual assault, stalking,
dating violence, domestic violence, or severe forms of
trafficking in persons;
(B) for whom such abuse was a significant
contributing factor in the offender's criminal
behavior; and
(C) who has not been convicted of a sex offense.
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