§ 12113. Aimee’s Law

Footnotes

1. 1 So in original. Probably should be followed by a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Aimee’s Law

   Pub. L. 106–386 div. C § 2001 · 114 Stat. 1464

   Enacted · 34 U.S.C. § 12113

   Pub. L. 106–386, div. C, § 2001, Oct. 28, 2000, 114 Stat. 1539

   Source evidence

   Code source credit
   Pub. L. 106–386, div. C, § 2001, Oct. 28, 2000, 114 Stat. 1539

   Enacted provision · exact public law section
   SEC. 2001. AIMEE’S LAW. (a) Short Title.— This section may be cited as “Aimee’s Law”. (b) Definitions.— In this section: (1) Dangerous sexual offense.— The term “dangerous sexual offense” means any 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. (2) Murder.— The term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (3) Rape.— The term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (c) Penalty.— (1) Single state.— In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (2) Multiple states.— In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in para graph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (3) State described.— A State is described in this para graph if— (A) the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than the average term of imprisonment imposed for that offense in all States; or (B) with respect to the individual described in para graph (1) or (2), as applicable, the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense. For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences. (d) State Applications.— In order to receive an amount transferred under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reason ably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State. (e) Source of Funds.— (1) In general.— Any amount transferred under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds). (2) Payment schedule.— The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule. (f) Construction.— Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution. (g) Exception.— This section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c). (h) Report.— The Attorney General shall— (1) conduct a study evaluating the implementation of this section; and (2) not later than October 1, 2006, submit to Congress a report on the results of that study. (i) Collection of Recidivism Data.— (1) In general.— Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State— (A) the number of convictions during that calendar year for— (i) any dangerous sexual offense; (ii) rape; and (iii) murder; and (B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph. (2) Report.— Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include— (A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and (B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year. (j) Effective Date.— This section shall take effect on January 1, 2002.

2. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

   Substituted · 34 U.S.C. § 12113(b)

   Pub. L. 109–162, § 1170(1), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in this section” for “In this section” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–162, § 1170(1), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in this section” for “In this section” in introductory provisions.

   Enacted provision · exact public law section
   (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

   1. Substituted · 34 U.S.C. § 12113(c)(1)

      Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in any case” for “In any case”

   2. Substituted · 34 U.S.C. § 12113(c)(1)

      Pub. L. 109–162, § 1170(1), (2), substituted “a criminal-records-reporting State” for “a State”

   3. Substituted · 34 U.S.C. § 12113(c)(1)

      Pub. L. 109–162, § 1170(1), (2), substituted “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in any case” for “In any case”, “a criminal-records-reporting State” for “a State” the first place appearing, and “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense”.

   Enacted provision · exact public law section
   (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

4. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

   1. Substituted · 34 U.S.C. § 12113(c)(2)

      Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in any case” for “In any case”

   2. Substituted · 34 U.S.C. § 12113(c)(2)

      Pub. L. 109–162, § 1170(1), (2), substituted “a criminal-records-reporting State” for “a State”

   3. Substituted · 34 U.S.C. § 12113(c)(2)

      Pub. L. 109–162, § 1170(1), (2), substituted “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 109–162, § 1170(1), (2), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, in any case” for “In any case”, “a criminal-records-reporting State” for “a State”, and “(3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation” for “(3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense”.

   Enacted provision · exact public law section
   (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

   1. Substituted · 34 U.S.C. § 12113(c)(3)

      Pub. L. 109–162, § 1170(1), (3)(A), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, a State” for “A State” in introductory provisions

   2. Substituted · 34 U.S.C. § 12113(c)(3)

      Pub. L. 109–162, § 1170(1), (3)(A), substituted “unless” for “if” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 109–162, § 1170(1), (3)(A), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, a State” for “A State” and “unless” for “if” in introductory provisions.

   Enacted provision · exact public law section
   (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(3)(B)(iii) · 119 Stat. 2960

   1. Inserted · 34 U.S.C. § 12113(c)(3)(A)

      Pub. L. 109–162, § 1170(3)(B)(iii), (C), inserted “not” before “less”

   2. Struck · 34 U.S.C. § 12113(c)(3)(A)

      Pub. L. 109–162, § 1170(3)(B)(iii), (C), struck out “convicted by the State is” after “as applicable, was”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 109–162, § 1170(3)(B)(iii), (C), inserted “not” before “less” and struck out “convicted by the State is” after “as applicable, was”.

   Enacted provision · exact public law section
   (iii) “convicted by the State is”; and

7. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(3)(B)(ii) · 119 Stat. 2960

   Struck · 34 U.S.C. § 12113(c)(3)(A)

   Pub. L. 109–162, § 1170(3)(B)(ii), which directed amendment of par. (3) by striking “individuals convicted of the offense for which,” was executed by striking “individuals convicted of the offense for which” after “imposed by the State on” to reflect the probable intent of Congress, because there was no comma after “which”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 1170(3)(B)(ii), which directed amendment of par. (3) by striking “individuals convicted of the offense for which,” was executed by striking “individuals convicted of the offense for which” after “imposed by the State on” to reflect the probable intent of Congress, because there was no comma after “which”.

   Enacted provision · exact public law section
   (ii) “individuals convicted of the offense for which,”; and

8. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(3)(B)(i) · 119 Stat. 2960

   Struck · 34 U.S.C. § 12113(c)(3)(A)

   Pub. L. 109–162, § 1170(3)(B)(i), which directed that “average” be struck out, was executed by striking out “average” the first place appearing, after “(A) the”, to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 1170(3)(B)(i), which directed that “average” be struck out, was executed by striking out “average” the first place appearing, after “(A) the”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (i) “average”;

9. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1170(3)(C) · 119 Stat. 2960

   Inserted · 34 U.S.C. § 12113(c)(3)(B)

   Pub. L. 109–162, § 1170(3)(C), inserted “not” before “less”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(B). Pub. L. 109–162, § 1170(3)(C), inserted “not” before “less”.

   Enacted provision · exact public law section
   (C) inserting “not” before “less” each place it appears.

10. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1170(4) · 119 Stat. 2960

    Struck · 34 U.S.C. § 12113(d)

    Pub. L. 109–162, § 1170(4), struck out “transferred” after “receive an amount”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–162, § 1170(4), struck out “transferred” after “receive an amount”.

    Enacted provision · exact public law section
    (4) in subsections (d) and (e), respectively, by striking “transferred”;

11. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

    1. Substituted · 34 U.S.C. § 12113(e)(1)

       Pub. L. 109–162, § 1170(1), (4), (5), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, any amount” for “Any amount transferred”

    2. Inserted · 34 U.S.C. § 12113(e)(1)

       Pub. L. 109–162, § 1170(1), (4), (5), inserted “pursuant to section 3756 of this title” before “that convicted”

    3. Inserted · 34 U.S.C. § 12113(e)(1)

       Pub. L. 109–162, § 1170(1), (4), (5), inserted “No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31” at end

    4. Struck · 34 U.S.C. § 12113(e)(1)

       Pub. L. 109–162, § 1170(1), (4), (5), struck out former last sentence which read as follows: “The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–162, § 1170(1), (4), (5), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, any amount” for “Any amount transferred”, inserted “pursuant to section 3756 of this title” before “that convicted”, inserted “No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31” at end, and struck out former last sentence which read as follows: “The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds).”

    Enacted provision · exact public law section
    (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

12. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1170(1) · 119 Stat. 2960

    Substituted · 34 U.S.C. § 12113(g)

    Pub. L. 109–162, § 1170(1), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, this section does not apply” for “This section does not apply”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–162, § 1170(1), substituted “Pursuant to regulations promulgated by the Attorney General hereunder, this section does not apply” for “This section does not apply”.

    Enacted provision · exact public law section
    (1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1), and (g) by striking the first upper-case letter after the heading and inserting a lower case letter of such letter and the following: “Pursuant to regulations promulgated by the Attorney General hereunder,”;

13. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1170(6) · 119 Stat. 2960

    Substituted · 34 U.S.C. § 12113(i)(1)

    Pub. L. 109–162, § 1170(6), substituted “State (where practicable)” for “State” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 109–162, § 1170(6), substituted “State (where practicable)” for “State” in introductory provisions.

    Enacted provision · exact public law section
    (6) in subsection (i)(1), by striking “State-” and inserting “State (where practicable)-”; and

14. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1170(7) · 119 Stat. 2960

    1. Added · 34 U.S.C. § 12113(i)(2)

       Pub. L. 109–162, § 1170(7), added par. (2)

    2. Struck · 34 U.S.C. § 12113(i)(2)

       Pub. L. 109–162, § 1170(7), struck out heading and text of former par. (2). Text read as follows: “Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include—

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 109–162, § 1170(7), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include—

    “(A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and “(B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year.”

    Enacted provision · exact public law section
    (7) by striking subsection (i)(2) and inserting: “(2) Report.— The Attorney General shall submit to Congress— “(A) a report, by not later than 6 months after the date of enactment of this Act, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses; “(B) a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and “(C) reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).” .

15. 2006

    Pub. L. 109–271 § 8(m) · 120 Stat. 750

    Substituted · 34 U.S.C. § 12113(e)(1)

    Pub. L. 109–271 substituted “section 3755” for “section 3756”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 109–271 substituted “section 3755” for “section 3756”.

    Enacted provision · exact public law section
    (m) Aimee’s Law.— Section 2001(e)(1) of division C of Public Law 106–386 (42 U.S.C. 13713(e)(1)) is amended by striking “section 506 of the Omnibus Crime Control and Safe Streets Act of 1968” and inserting “section 505 of the Omnibus Crime Control and Safe Streets Act of 1968”.

25 of 25 references resolved to an enrolled provision