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Violence Against Women Civil Rights Restoration Act of 2003 (Introduced in House)

HR 394 IH

108th CONGRESS

1st Session

H. R. 394

To restore the Federal civil remedy for crimes of violence motivated by gender.

IN THE HOUSE OF REPRESENTATIVES

January 28, 2003

Mr. CONYERS (for himself, Mrs. MALONEY, Ms. BALDWIN, Mr. BERMAN, Mr. BOUCHER, Mr. NADLER, Ms. LOFGREN, Ms. JACKSON-LEE of Texas, Mr. MEEHAN, Mr. DELAHUNT, Mr. WEXLER, Mr. WEINER, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ANDREWS, Ms. BERKLEY, Mr. BRADY of Pennsylvania, Mr. BROWN of Ohio, Mr. CARDIN, Ms. CARSON of Indiana, Mr. CASE, Mrs. CHRISTENSEN, Mr. COOPER, Mr. CROWLEY, Mr. CUMMINGS, Mr. DAVIS of Illinois, Ms. DELAURO, Mr. DICKS, Mr. DOOLEY of California, Mr. ENGEL, Mr. ETHERIDGE, Mr. FARR, Mr. FILNER, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HINOJOSA, Mr. HOEFFEL, Mr. HOLT, Mr. HONDA, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KILDEE, Mr. LANTOS, Mr. LARSON of Connecticut, Ms. LEE, Mr. LEVIN, Mrs. LOWEY, Ms. MCCARTHY of Missouri, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCNULTY, Mr. MENENDEZ, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mr. MOORE, Mrs. NAPOLITANO, Ms. NORTON, Mr. OWENS, Mr. PALLONE, Mr. RANGEL, Mr. RYAN of Ohio, Ms. LINDA T. SANCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SLAUGHTER, Mr. SMITH of Washington, Mr. THOMPSON of California, Mr. TIERNEY, Mr. TOWNS, Ms. WATSON, Mr. WAXMAN, Ms. WOOLSEY, Mr. WU, Mr. WYNN, and Mr. UDALL of New Mexico) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To restore the Federal civil remedy for crimes of violence motivated by gender.

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 `Violence Against Women Civil Rights Restoration Act of 2003'.

SEC. 2. FEDERAL CIVIL REMEDY FOR CRIMES OF VIOLENCE MOTIVATED BY GENDER.

Section 40302 of the Violence Against Women Act of 1994 (42 U.S.C. 13981) is amended--

(1) so that subsection (c) reads as follows:

`(c) CAUSE OF ACTION-

`(1) GENERALLY- Whoever, in any circumstance described in paragraph (2), commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.

`(2) CIRCUMSTANCES- The circumstances referred to in paragraph (1) are that--

`(A) in connection with the offense--

`(i) the defendant or the victim travels in interstate or foreign commerce;

`(ii) the defendant or the victim uses a facility or instrumentality of interstate or foreign commerce; or

`(iii) the defendant employs a firearm, explosive, incendiary device, or other weapon, or a narcotic or drug listed pursuant to section 202 of the Controlled Substances Act, or other noxious or dangerous substance, that has traveled in interstate or foreign commerce;

`(B) the offense interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

`(C) the offense was committed with intent to interfere with the victim's commercial or other economic activity.'; and

(2) by inserting after subsection (e) the following:

`(f) DISCRETIONARY AUTHORITY OF ATTORNEY GENERAL- Whenever the Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State has discriminated on the basis of gender in the investigation or prosecution of gender-based crimes and that discrimination is pursuant to a pattern or practice of resistance to investigating or prosecuting gender-based crimes, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to ensure the elimination of such discriminatory practices.'.

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