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