HR 2704 IH
101st CONGRESS
1st Session
 H. R. 2704
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
require, as a condition for receiving grants, that States treat all juveniles
who are 15 years of age or older as adults for purposes of determining
criminal liability for certain violent crimes.
IN THE HOUSE OF REPRESENTATIVES
June 21, 1989
Mr. DOUGLAS (for himself, Mr. SMITH of Mississippi, Mr. LAGOMARSINO, Mr. SMITH
of New Jersey, Mr. BARTON of Texas, Mr. SCHAEFER, Mr. SMITH of New Hampshire,
and Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
require, as a condition for receiving grants, that States treat all juveniles
who are 15 years of age or older as adults for purposes of determining
criminal liability for certain violent crimes.
  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 Juvenile Offender Act'.
SEC. 2. FINDINGS.
  The Congress finds the following:
  (1) Recent criminal justice statistics show a significant increase in
  violent crimes committed by juveniles.
  (2) More than 30 percent of persons arrested in 1985 for violent crimes
  were under 18 years of age.
  (3) A 1987 Department of Justice survey shows that almost 40 percent of
  those detained in State juvenile correctional facilities were being held
  for violent crimes.
SEC. 3. AMENDMENTS.
  (a) TREATMENT OF JUVENILES AS ADULTS- Section 222(a) of the Juvenile Justice
  and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is amended--
  (1) in paragraph (1) by striking `paragraph (2)' and inserting `paragraphs
  (2) and (4)',
  (2) in paragraph (2) by striking `paragraph (3)' each place it appears
  and inserting `paragraphs (3) and (4)',
  (3) in paragraph (3) by striking `If' and inserting `Subject to paragraph
  (4), if', and
  (4) by inserting at the end the following:
  `(4) If under State law juveniles who are 15 years of age and older are not
  treated as adults for purposes of determining criminal liability for violent
  crimes, then the amount allotted to a State to carry out this title (other
  than part D) for the first fiscal year beginning after the end of the--
  `(A) first term during which the State legislature is in session after
  the effective date of this paragraph shall be 80 percent of the amount
  that would have been allotted to such State for such fiscal year under
  this subsection without regard to this paragraph;
  `(B) second term during which the State legislature is in session after
  the effective date of this paragraph shall be 50 percent of the amount
  that would have been allotted to such State for such fiscal year under
  this subsection without regard to this paragraph; and
  `(C) third term during which the State legislature is in session after the
  effective date of this paragraph, and for any subsequent fiscal year in
  which juveniles who are 15 years of age and older are not treated under
  State law as adults for purposes of determining criminal liability for
  violent crimes, shall be zero.'.
  (b) DEFINITION- Section 103 of the Juvenile Justice and Delinquency
  Prevention Act of 1974 (42 U.S.C. 5603) is amended--
  (1) in paragraph (17) by striking `and' at the end,
  (2) in paragraph (18)(B) by striking the period at the end and inserting
  `; and', and
  (3) by adding at the end the following:
  `(19) the term `violent crime' means murder in the first or second degree,
  forcible rape, kidnapping, aggravated assault with a deadly weapon, or
  robbery committed while armed with a firearm.'.