Violent Crime Intervention Act of 1995

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                S. 1427

 To improve the national crime database and create a Federal cause of
              action for early release of violent felons.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 28, 1995

  Mr. Dorgan introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 To improve the national crime database and create a Federal cause of
              action for early release of violent felons.

    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 ``Violent Crime Intervention Act of
1995''.

                TITLE I--NATIONAL CRIME RECORDS DATABASE

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) nationwide--
                    (A) many State criminal record systems are not up
                to date and contain incomplete or incorrect
                information; and
                    (B) less than 20 percent of all criminal records
                are fully computerized, include court dispositions, and
                are accessible through the Interstate Identification
                Index of the Department of Justice; and
            (2) a complete and accurate nationwide criminal record
        database is an essential element in fighting crime and
        development of such a database is a national priority.

SEC. 102. STATE CRIMINAL RECORD UPGRADES.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General of the United States shall
issue guidelines establishing specific requirements for a State to
qualify as a fully participating member of the Interstate
Identification Index.
    (b) Minimum Requirements.--The guidelines referred to in subsection
(a) shall require--
            (1) that all arrest reports and final disposition orders
        are submitted to the State records repository within 7 days;
            (2) the State repository to enter these records and orders
        into the State database not more than 24 hours after the
        repository receives the information;
            (3) the State to conduct audits, at least annually, of
        State criminal records to ensure that such records contain
        correct and complete information about every felony arrest and
        report the results of each audit to the Attorney General of the
        United States;
            (4) the State to certify to the Attorney General of the
        United States, on January 1 of each year, that the law
        enforcement agencies, courts, and records officials of the
        State are in compliance with this section; and
            (5) such other conditions as the Attorney General
        determines are necessary.
    (c) Limitations on Use of Files.--The Attorney General may
establish limitations on the purposes for which the Interstate
Identification Index may be used and may allow a State to prohibit the
use of information provided by the State for searches unrelated to law
enforcement.
    (d) Fees.--A State that does not qualify as a fully participating
State, pursuant to the guidelines referred to in subsection (a), within
2 years after the date on which the Attorney General of the United
States issues such guidelines shall pay a user fee for each
identification request made to the Interstate Identification Index in
an amount equal to the average cost of a single Federal database
inquiry, as determined by the Attorney General each year.

        TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) violent criminals often serve only a small portion of
        their original sentences;
            (2) a significant proportion of the most serious violent
        crimes committed in the United States are committed by
        criminals who have been released early from a sentence for a
        previous violent crime;
            (3) violent criminals who are released early from prison
        often travel to other States to commit additional violent
        crimes;
            (4) the crime and threat of crime committed by violent
        criminals released early from prison affects tourism, economic
        development, use of the interstate highway system, federally
        owned or supported facilities, and other commercial activities
        of individuals; and
            (5) the policies of one State regarding the early release
        of criminals sentenced in that State for a violent crime often
        affect the citizens of other States, who can influence those
        policies only through Federal law.
    (b) Purpose.--The purpose of this title is to reduce violent crime
by requiring States to bear the responsibility for the consequences of
releasing violent criminals before they serve the full term for which
they were sentenced.

SEC. 202. CAUSE OF ACTION.

    (a) In General.--The victim (or in the case of a homicide, the
family of the victim) of a violent crime shall have a Federal cause of
action in any district court against a State if the individual
committing the crime--
            (1) had previously been convicted by the State of a violent
        offense;
            (2) was released prior to serving his or her full sentence
        for such offense; and
            (3) committed the violent crime before the original
        sentence would have expired.
    (b) Definition.--As used in this title, the term ``crime of
violence'' has the same meaning as in section 16 of title 18, United
States Code.
    (c) Damages.--A State shall be liable to the victim in an action
brought under this title for the actual damages (direct and indirect)
resulting from the violent crime, but not for punitive damages.
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