pomc logo pomc header
 
 
home chapters forms Murder Wall Parole Block Second Opinion Ask The Experts
 

Contact Information:

Phone: (513) 721-5683
Fax: (513) 345-4489
Toll Free: (888) 818-7662
E-mail: natlpomc@pomc.org

 

Donate

 

 

Home >Legal/Professional >Legislation

Legislation

Please contact your member of Congress and urge them to support the following:

H.J.RES.106 -- Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
(Introduced in House - IH)

HJ 106 IH

112th CONGRESS
2d Session
H. J. RES. 106
Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
IN THE HOUSE OF REPRESENTATIVES
March 26, 2012
Mr. FRANKS of Arizona (for himself and Mr. COSTA) introduced the following joint resolution; which was referred to the Committee on the Judiciary


JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States to protect the rights of crime victims. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
`Article--
`Section 1. The rights of a crime victim to fairness, respect, and dignity, being capable of protection without denying the constitutional rights of the accused, shall not be denied or abridged by the United States or any State. The crime victim shall, moreover, have the rights to reasonable notice of, and shall not be excluded from, public proceedings relating to the offense, to be heard at any release, plea, sentencing, or other such proceeding involving any right established by this article, to proceedings free from unreasonable delay, to reasonable notice of the release or escape of the accused, to due consideration of the crime victim's safety, and to restitution. The crime victim or the crime victim's lawful representative has standing to fully assert and enforce these rights in any court. Nothing in this article provides grounds for a new trial or any claim for damages and no person accused of the conduct described in section 2 of this article may obtain any form of relief.
`Section 2. For purposes of this article, a crime victim includes any person against whom the criminal offense is committed or who is directly harmed by the commission of an act, which, if committed by a competent adult, would constitute a crime.
`Section 3. This article shall be inoperative unless it has been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within 14 years after the date of its submission to the States by the Congress. This article shall take effect on the 180th day after the date of its ratification.'.

Legislation H.R. 432

Congressman Ted Poe (TX) is planning to reintroduce in the 112th Congress a Tax Bill that would provide parents of murdered children from having to pay a tax consequence as a result of the murder of their child. Attached is a draft of the Bill that was introduced in the 111th Congress. If you have experienced a tax consequence as the result of your child being murdered, please contact Tim Tarpley at Congressman Poe's office at Tim.Tarpley@mail.house.gov

Tax exemption for parents of murdered children

Crime Victims Employment Leave Act HB5845 - U.S. Representative Rahm Emanuel (WASHINGTON, DC) ......(download here)

FOR IMMEDIATE RELEASE

CONTACT: Kathleen Connery, 202-226-7639
Sarah Feinberg and Nick Papas, 202-225-1400

Thursday, April 17, 2008

Emanuel to Expand FMLA to Protect Victims of Violent Crime and Domestic Violence

WASHINGTON, DC – Today, U.S. Representative Rahm Emanuel (D-IL) introduced the Crime Victims Employment Leave Act which would extend the Family and Medical Leave Act (FMLA) to protect victims of violent crime and domestic violence. This legislation would protect victims of violent crimes and domestic violence and their families from being terminated or demoted by offering them time off for the required court proceedings.

“No victim of violent crime should have to choose between their job and medical attention. No one should fear reprisal from their employer if they need to attend court proceedings,” said Emanuel. “National Crime Victims Rights Week reminds us of how important it is that we work to protect the most vulnerable. And we should never punish victims and their families for the crimes committed against them.”

Arizona, Colorado and Maine have enacted laws to protect victims from being terminated, demoted or required to use their leave time for court proceedings. No such protections exist at the federal level. For the first time, the Crime Victims Employment Leave Act will afford this protection to the entire nation.

“When my brother Howard was murdered in Phoenix, Arizona I exercised my state constitutional right to be present at every court proceeding—to represent my family--between the two defendants I wound up using up all my vacation time and was written up with a letter of reprimand and threatened with termination after 3 unexcused absences. I would like to thank Rep. Rahm Emanuel for his leadership on this issue—no victim/survivor of crime should be left with choosing between the right they have to attend court proceedings and their employment” said Dan Levey, National President of Parents Of Murdered Children, Inc.

“Extending the benefits of the Family & Medical Leave Act to victims of domestic violence and other violent crimes is humane, compassionate, and long overdue,” said National Partnership for Women & Families President Debra L. Ness. “We thank Representative Rahm Emanuel for sponsoring the legislation, and urge the House to waste no time in passing it. Providing unpaid, job-protected leave is critically important for those who are trying to protect themselves and their children.”

“Too often, victims are unable to exercise their right to attend criminal court proceedings because they are afraid they will lose their job,” noted Mary Lou Leary, executive director of the National Center for Victims of Crime. “We commend Congressman Emanuel for introducing legislation to make this right under the law a right in fact.”

Original cosponsors of the Crime Victims Employment Leave Act include U.S. Representatives George Miller (D-CA), Carolyn Maloney (D-NY), Jerrold Nadler (D-NY), Lynn Woosley (D-CA) and Gary Ackerman (D-NY).

H.R.4302 - Judges Reading Victims Rights in Federal Court - Rep. Steve Chabot (Ohio) ......(download here)

To amend title 18, United States Code, to require the reading in open court in criminal cases of crime victims' rights. (Introduced in House)
HR 4302 IH
110th CONGRESS
1st Session

H. R. 4302

To amend title 18, United States Code, to require the reading in open court in criminal cases of crime victims' rights.
IN THE HOUSE OF REPRESENTATIVES
December 6, 2007
Mr. CHABOT introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to require the reading in open court in criminal cases of crime victims' rights.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3771(b) of title 18, United States Code, is amended by adding at the end the following:
`(3) READING OF RIGHTS- In the trial of every criminal case or at sentencing if there is no trial, the judge shall read in open court the rights of victims set forth in subsection (a).'.

H.R.4303 - Tax Exemption on Reward Monies – Rep. Steve Chabot (Ohio)
......(download here)

To amend the Internal Revenue Code of 1986 to exclude from gross income rewards received for information provided with respect to violations of Federal criminal law. (Introduced in House)
HR 4303 IH
110th CONGRESS
1st Session
H. R. 4303
To amend the Internal Revenue Code of 1986 to exclude from gross income rewards received for information provided with respect to violations of Federal criminal law.
IN THE HOUSE OF REPRESENTATIVES
December 6, 2007
Mr. CHABOT introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to exclude from gross income rewards received for information provided with respect to violations of Federal criminal law.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EXCLUSION FROM INCOME FOR REWARDS FOR INFORMATION WITH RESPECT TO VIOLATIONS OF FEDERAL CRIMINAL LAW.
(a) In General- Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section:
`SEC. 139B. REWARDS FOR INFORMATION RELATING TO VIOLATIONS OF FEDERAL CRIMINAL LAW.
`(a) In General- In the case of an individual, gross income shall not include any qualified reward payment.
`(b) Qualified Reward Payment- For purposes of this section, the term `qualified reward payment' means any payment received from a State or Federal law enforcement agency for the provision of information relating to the violation of a Federal criminal law.'.
(b) Clerical Amendment- The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item:
`Sec. 139B. Rewards for information relating to violations of Federal criminal law.'.
(c) Effective Date- The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2007.

H.R.3364 - Tax Exemption for Parent of a Murdered Child - Rep. Ted Poe (Texas).......(download here)

H.L.C.
.....................................................................
(Original Signature of Member)
110TH CONGRESS
1ST SESSION H. R. _____
To amend the Internal Revenue Code of 1986 to allow parents of murdered
children to continue to claim the deduction for the personal exemption
with respect to such child.
IN THE HOUSE OF REPRESENTATIVES
Mr. POE introduced the following bill; which was referred to the Committee
on_______________
________________

A BILL

To amend the Internal Revenue Code of 1986 to allow parents
of murdered children to continue to claim the deduction
for the personal exemption with respect to such
child.
1 Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assembled,
3 SECTION 1. ALLOWANCE OF PERSONAL EXEMPTION FOR
4 MURDERED CHILDREN.
5 (a) IN GENERAL.—Subsection (f) of section 152 of
6 the Internal Revenue Code of 1986 (relating to other defi7
nitions and rules) is amended by redesignating paragraph

(7) as paragraph (8) and inserting after paragraph (6)
2 the following new paragraph:
3 ‘‘(7) SPECIAL RULE FOR MURDERED CHIL4
DREN.—
5 ‘‘(A) IN GENERAL.—Solely for purposes of
6 determining the deduction under section 151(c),
7 a child of the taxpayer who is determined by
8 law enforcement authorities to have been the
9 victim of a homicide (as determined under State
10 law) committed by someone other than the tax11
payer—
12 ‘‘(i) shall be treated as meeting the
13 requirement of subsection (c)(1)(B) with
14 respect to the taxpayer for the applicable
15 period, if such child had, for the taxable
16 year which included the date of the death
17 of such child, the same principal place of
18 abode as the taxpayer for more than one19
half of the portion of such year before the
20 date of such death, and
21 ‘‘(ii) shall be treated as a qualifying
22 relative of the taxpayer for the applicable
23 period, if such child was (without regard to
24 this paragraph) a qualifying relative of the

1 taxpayer for the portion of the taxable year
2 before the date of such death.
3 ‘‘(B) APPLICABLE PERIOD.—For purposes
4 of this paragraph, the term ‘applicable period’
5 means, with respect to any child of the tax6
payer, each taxable year of the taxpayer ending
7 after the date of the death of such child and be8
ginning before the earlier of—
9 ‘‘(i) the date which is 5 years after
10 the date of such death, or
11 ‘‘(ii) the date that such child would
12 have attained the age of 18.’’.
13 (b) EFFECTIVE DATE.—The amendment made by
14 this section shall apply with respect to deaths in taxable
15 years ending after the date of the enactment of this Act.

F:\M10\POE\POE_030.XML
f:\V10\071907\071907.054.xml (383327|4)

Stop the sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007, S. 1528.- Sen. Cornyn (Texas) ......(download here)

Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007, S. 1528

Bill Summary

Purpose: To end the terrorizing effects of the sale of murderabilia on
Crime victims and their families.

Short title: 'Stop the Sale of Muderabilia to Protect the Dignity of
Crime Victims Act of 2007.'

Brief Description: The bill would restrict the mailing and delivery
Privileges of state and federal inmates--by making it a federal crime
for anyone incarcerated in a state or federal prison to mail or deliver
(or cause to be mailed or deliver) any property, object, or article with intent that it be placed in interstate or foreign commerce. The
mandatory minimum penalty of three years would run consecutive to any
sentence already imposed. Criminal and civil forfeiture would be
available for prosecutors. And civil remedies would be available to
victims, including injunctive relief, compensatory and punitive damages, and attorneys' fees.

Background: For the past several weeks, Senator Cornyn's office has worked closely with Andy Kahan, a nationally recognized crime victims advocate, and Kim Ogg, a former Harris County Prosecutor and former head of Houston Crimestoppers, on federal legislation to combat the sale of "murderabilia." Kahan is the longtime director of the Houston Mayor's Office Crime Victims Assistance Division. He popularized the term "murderabilia," which refers to the (almost exclusively online) industry in which tangible goods owned or created by convicted murderers are sold for profit.

Beginning in 1999, Kahan waged a highly publicized war with eBay, the
online auction site, over its sale of murderabilia. Using his extensive contacts in the mainstream media, including ABC's 20/20, Kahan eventually convinced eBay in 2001 to cease the sale of murderabilia on its site.

However, with the exit of eBay from the murderabilia market, independent online dealers popped up all over the web. The most prominent online dealers include "Kate-Loves-Crime," "Serial Killer Central," and "Murder Auction.com." Some prisoners are even setting up their own websites to sell murderabilia. An article describing one such site is below.

According to Kahan, the draft bill that Senator Cornyn has crafted would go a long way toward ending murderabilia as we know it. State laws have attempted to combat the sale of murderabilia, but they have either been clumsily drafted and run afoul of the First Amendment, or are toothless to get at the interstate commerce problem.

The Bill: Please open the HEN07B88_xml to see a copy of the bill.

Legislation Passed: September 25th was established as a National Day of Remembrance for Murder Victims as a result of unanimously passed resolutions by the U.S. Senate on October 16, 2007 (S. Res. 326), and the U.S. House of Representatives on May 14, 2007 (H.Res 223).

[return to top]