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34 U.S.C. § 12113 — Aimee’s Law

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12113 — Aimee’s Law

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Stable record: federal_law:legal_authorities:record_usc_29f32e182f03435d72855b14
Source file: Laws/federal/codes/united-states-code/title-34/section-12113-aimees-law--67cbb7e212.md
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Source location: Title 34, Chapter 121, § 12113; chapter-121-violent-crime-control-and-law-enforcement.md

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**(a) Short title** This section may be cited as “Aimee’s Law”. **(b) Definitions** Pursuant to regulations promulgated by the Attorney General hereunder, 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 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** — Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting 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), 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. (2) **Multiple States** — Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting 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 paragraph (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. (3) **State described** — Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless— (A) the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or (B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not 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 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 reasonably 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** — Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim) that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31 11 So in original. Probably should be followed by a period. (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** Pursuant to regulations promulgated by the Attorney General hereunder, 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 (where practicable)— (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** — The Attorney General shall submit to Congress— (A) a report, by not later than 6 months after January 5, 2006, 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). **(j) Effective date** This section shall take effect on January 1, 2002.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10156 — Formula

**(a) Allocation among States** (1) **In general** — Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate— (A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the total population of a State to— (ii) the total population of the United States; and (B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to— (ii) the average annual number of such crimes reported by all States for such years. (2) **Minimum allocation** — If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation State”), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead— (A) allocate 0.25 percent of the total amount to each State; and (B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State. **(b) Allocation between States and units of local government** Of the amounts allocated under subsection (a)— (1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and (2) 40 percent shall be for grants to be allocated under subsection (d). **(c) Allocation for State governments** (1) **In general** — Of the amounts allocated under subsection (b)(1), each State may retain for the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13713 — Transferred

### Statutory Notes #### Codification Section 13713 was editorially reclassified as [section 12113 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12113&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12113 — Aimee’s Law

Page 315 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12113 1 See References in Text note below. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 20109 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, authorized appropriations prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 244(a), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of this part other than section 13708(a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the At- torney General shall reserve, to carry out this sec- tion— ‘‘(1) 0.3 percent in each of fiscal years 1996 and 1997; and ‘‘(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.’’ Subsec. (b). Pub. L. 111–211, § 244(b)(1), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘From the amounts re- served under subsection (a) of this section, the Attor- ney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the in- carceration of offenders subject to tribal jurisdiction.’’ Subsec. (c). Pub. L. 111–211, § 244(b)(2), inserted ‘‘or consortium of Indian tribes, as applicable,’’ after ‘‘In- dian tribe’’. Subsec. (d). Pub. L. 111–211, § 244(b)(3), added subsec. (d). § 12110. Payments to eligible States for incarcer- ation of criminal aliens (a) In general The Attorney General shall make a payment to each State which is eligible under section 1252(j) 1 of ti

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