S.Amdt. 12
What it does: Rewrites page 177, line 1 through page 194, line 3What it changes
1 change to S. 47
Rewrites page 177, line 1 through page 194, line 3
ReplacesPrinted pageRemoves page 177, line 1 through page 194, line 3 of the printed bill. See that page
Inserted: SEC. 904. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
Inserted: (a) In General.--Section 113 of title 18, United States Code, is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) by striking paragraph (1) and inserting the following:
Inserted: "(1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.";
Inserted: (B) in paragraph (2), by striking "felony under chapter 109A" and inserting "violation of section 2241 or 2242";
Inserted: (C) in paragraph (3) by striking "and without just cause or excuse,";
Inserted: (D) in paragraph (4), by striking "six months" and inserting "1 year";
Inserted: (E) in paragraph (7)--
Inserted: (i) by striking "substantial bodily injury to an individual who has not attained the age of 16 years" and inserting "substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years"; and
Inserted: (ii) by striking "fine" and inserting "a fine"; and
Inserted: (F) by adding at the end the following:
Show 33 more inserted paragraphsShow less
Inserted: "(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both."; and
Inserted: (2) in subsection (b)--
Inserted: (A) by striking "(b) As used in this subsection--" and inserting the following:
Inserted: "(b) Definitions.--In this section--";
Inserted: (B) in paragraph (1)(B), by striking "and" at the end;
Inserted: (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and
Inserted: (D) by adding at the end the following:
Inserted: "(3) the terms 'dating partner' and 'spouse or intimate partner' have the meanings given those terms in section 2266;
Inserted: "(4) the term 'strangling' means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and
Inserted: "(5) the term 'suffocating' means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.".
Inserted: (b) Indian Major Crimes.--Section 1153(a) of title 18, United States Code, is amended by striking "assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title)" and inserting "a felony assault under section 113".
Inserted: (c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United States Code, is amended by inserting "or tribal" after "State".
Inserted: SEC. 905. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
Inserted: (a) In General.--Section 904(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is amended--
Inserted: (1) in paragraph (1)--
Inserted: (A) by striking "The National" and inserting "Not later than 2 years after the date of enactment of the Violence Against Women Reauthorization Act of 2013, the National"; and
Inserted: (B) by inserting "and in Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))" before the period at the end;
Inserted: (2) in paragraph (2)(A)--
Inserted: (A) in clause (iv), by striking "and" at the end;
Inserted: (B) in clause (v), by striking the period at the end and inserting "; and"; and
Inserted: (C) by adding at the end the following:
Inserted: "(vi) sex trafficking.";
Inserted: (3) in paragraph (4), by striking "this Act" and inserting "the Violence Against Women Reauthorization Act of 2013"; and
Inserted: (4) in paragraph (5), by striking "this section $1,000,000 for each of fiscal years 2007 and 2008" and inserting "this subsection $1,000,000 for each of fiscal years 2014 and 2015".
Inserted: (b) Authorization of Appropriations.--Section 905(b)(2) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by striking "fiscal years 2007 through 2011" and inserting "fiscal years 2014 through 2018".
Inserted: SEC. 906. EFFECTIVE DATES; PILOT PROJECT.
Inserted: Except as provided in section 4, the amendments made by this title shall take effect on the date of enactment of this Act.
Inserted: SEC. 907. INDIAN LAW AND ORDER COMMISSION; REPORT ON THE ALASKA RURAL JUSTICE AND LAW ENFORCEMENT COMMISSION.
Inserted: (a) In General.--Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C.
Inserted: 2812(f)) is amended by striking "2 years" and inserting "3 years".
Inserted: (b) Report.--The Attorney General, in consultation with the Attorney General of the State of Alaska, the Commissioner of Public Safety of the State of Alaska, the Alaska Federation of Natives and Federally recognized Indian tribes in the State of Alaska, shall report to Congress not later than one year after enactment of this Act with respect to whether the Alaska Rural Justice and Law Enforcement Commission established under Section 112(a)(1) of the Consolidated Appropriations Act, 2004 should be continued and appropriations authorized for the continued work of the commission. The report may contain recommendations for legislation with respect to the scope of work and composition of the commission.
Inserted: SEC. 908. LIMITATION.
Inserted: Nothing in this Act or any amendment made by this Act limits, alters, expands, or diminishes the civil or criminal jurisdiction of the State of Alaska, any subdivision of the State of Alaska, or any Indian tribe in the State of Alaska.
Original wording
Beginning on page 177, strike line 1 and all that follows through page 194, line 3, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 12. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 47, to reauthorize the Violence Against Women Act of 1994; which was ordered to lie on the table; as follows:
Beginning on page 177, strike line 1 and all that follows through page 194, line 3, and insert the following:
SEC. 904. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
“(1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.”;
(B) in paragraph (2), by striking “felony under chapter 109A” and inserting “violation of section 2241 or 2242”;
(C) in paragraph (3) by striking “and without just cause or excuse,”;
(D) in paragraph (4), by striking “six months” and inserting “1 year”;
(E) in paragraph (7)--
(i) by striking “substantial bodily injury to an individual who has not attained the age of 16 years” and inserting “substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years”; and
(ii) by striking “fine” and inserting “a fine”; and
(F) by adding at the end the following:
“(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.”; and
(2) in subsection (b)--
(A) by striking “(b) As used in this subsection--” and inserting the following:
“(b) Definitions.--In this section--”;
(B) in paragraph (1)(B), by striking “and” at the end;
(C) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
“(3) the terms ‘dating partner' and ‘spouse or intimate partner' have the meanings given those terms in section 2266;
“(4) the term ‘strangling' means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and
“(5) the term ‘suffocating' means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.”.
(b) Indian Major Crimes.--Section 1153(a) of title 18, United States Code, is amended by striking “assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title)” and inserting “a felony assault under section 113”.
(c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United States Code, is amended by inserting “or tribal” after “State”.
SEC. 905. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) In General.--Section 904(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is amended--
(1) in paragraph (1)--
(A) by striking “The National” and inserting “Not later than 2 years after the date of enactment of the Violence Against Women Reauthorization Act of 2013, the National”; and
(B) by inserting “and in Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))” before the period at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking “and” at the end;
(B) in clause (v), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(vi) sex trafficking.”;
(3) in paragraph (4), by striking “this Act” and inserting “the Violence Against Women Reauthorization Act of 2013”; and
(4) in paragraph (5), by striking “this section $1,000,000 for each of fiscal years 2007 and 2008” and inserting “this subsection $1,000,000 for each of fiscal years 2014 and 2015”.
(b) Authorization of Appropriations.--Section 905(b)(2) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by striking “fiscal years 2007 through 2011” and inserting “fiscal years 2014 through 2018”.
SEC. 906. EFFECTIVE DATES; PILOT PROJECT.
Except as provided in section 4, the amendments made by this title shall take effect on the date of enactment of this Act.
SEC. 907. INDIAN LAW AND ORDER COMMISSION; REPORT ON THE ALASKA RURAL JUSTICE AND LAW ENFORCEMENT COMMISSION.
(a) In General.--Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C.
2812(f)) is amended by striking “2 years” and inserting “3 years”.
(b) Report.--The Attorney General, in consultation with the Attorney General of the State of Alaska, the Commissioner of Public Safety of the State of Alaska, the Alaska Federation of Natives and Federally recognized Indian tribes in the State of Alaska, shall report to Congress not later than one year after enactment of this Act with respect to whether the Alaska Rural Justice and Law Enforcement Commission established under Section 112(a)(1) of the Consolidated Appropriations Act, 2004 should be continued and appropriations authorized for the continued work of the commission. The report may contain recommendations for legislation with respect to the scope of work and composition of the commission.
SEC. 908. LIMITATION.
Nothing in this Act or any amendment made by this Act limits, alters, expands, or diminishes the civil or criminal jurisdiction of the State of Alaska, any subdivision of the State of Alaska, or any Indian tribe in the State of Alaska.
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Senate amendment submitted
February 7, 2013