,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eecf ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to encourage ,states to provide for enhanced sentencing penalties for persons convicted of committing1 or attempting to commit1 an act of domestic violence in the presence of minor children4 #a4 ,short title ,this ,act may be cited as the ,domestic ,violence ,enhanced ,penalty ,act of #bjad or as ,candace's ,law4 #b4 ,findings ,the ,congress finds as follows3 7#a7 ,approximately #a in #d women will experience domestic violence during her lifetime and every year1 #a in #c women who is a victim of homicide is murdered by her current or former partner4 7#b7 ,every year1 more than #c million children witness domestic violence in their homes and children who live in homes where there is domestic violence also suffer abuse or neglect at high rates4 7#c7 ,children are more likely to intervene when they witness severe violence against a parent1 which places them at great risk for injury or even death4 7#d7 ,girls who witness domestic violence are more vulnerable to abuse as teens and adults and boys who witness domestic violence are more likely to become adult abusers of their partners1 their children1 or both1 thus continuing the cycle of violence in the next generation4 7#e7 ,most domestic violence incidents are never reported4 7#f7 ,family members1 close friends1 co-workers1 and other persons close to a victim of domestic violence frequently observe things that lead to them to suspect that their loved one or colleague is being abused but do not feel they possess the knowledge and skills needed to provide constructive assistance that can make a real difference in the life of the victim4 7#g7 ,domestic violence costs the national economy more than #cg billion a year in law enforcement involvement1 legal work1 medical and mental health treatment1 and lost productivity4 #c4 ,incentive for ,states to ,enact ,enhanced ,sentencing ,provisions for ,persons ,convicted of ,committing ,act of ,domestic ,violence in the ,presence of a ,minor ,child 7a7 ,in general ,for each fiscal year after the expiration of the period of implementation specified in subsection 7b71 a ,state shall provide by law enhanced sentencing provisions for persons convicted of committing1 or attempting to commit1 an act of domestic violence in the presence of minor children4 7b7 ,period for implementation by states 7#a7 ,deadline ,each ,state shall implement this section before #b years after the date of the enactment of this ,act4 7#b7 ,extensions ,the ,attorney ,general may authorize up to one #a-year extension of the deadline in paragraph 7#a74 7c7 ,failure of state ,to comply 7#a7 ,in general ,for any fiscal year after the end of the period for implementation under subsection 7b71 a ,state that fails1 as determined by the ,attorney ,general1 to substantially implement this section shall not receive #bj percent of the funds that would otherwise be allocated for that fiscal year to the ,state under the ,violence ,against ,women ,act of #bjjj4 7#b7 ,state constitutionality 7,a7 ,in general ,when evaluating whether a ,state has substantially implemented this section1 the ,attorney ,general shall consider whether the ,state is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the ,state in violation of its constitution1 as determined by a ruling of the ,state's highest court4 7,b7 ,efforts ,if the circumstances arise under subparagraph 7,a71 then the ,attorney ,general and the ,state shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the ,state's constitution4 ,in considering whether compliance with the requirements of this section would likely violate the ,state's constitution or an interpretation thereof by the ,state's highest court1 the ,attorney ,general shall consult with the chief executive and chief legal officer of the ,state concerning the ,state's interpretation of the ,state's constitution and rulings thereon by the ,state's highest court4 7,c7 ,alternative procedures ,if the ,state is unable to substantially implement this section because of a limitation imposed by the ,state's constitution1 the ,attorney ,general may determine that the ,state is in compliance with this ,act if the ,state has implemented1 or is in the process of implementing1 reasonable alternative procedures or accommodations that are consistent with the purposes of this ,act4 7,d7 ,funding reduction ,if a ,state does not comply with subparagraph 7,c71 then the ,state shall be subject to a funding reduction as specified in paragraph 7#a74 7#c7 ,reallocation ,amounts not allocated under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq47 to a ,state for failure to substantially implement this section shall be reallocated under such subpart to ,states that have not failed to substantially implement this section or may be reallocated to a ,state from which they were withheld to be used solely for the purpose of implementing this section4 7d7 ,definition of state ,in this section the term ,state shall have the meaning given such term in section #ija7;a7 of ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgia7;a7 et seq474