[20030925]RS21623_H.R.的法律分析1429年“一拳出局！”！2003年法案”.pdf

142 U.S.C. 11901.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21623September 25, 2003Legal Analysis of H.R. 1429, the “One Strikeand Youre Out! Act of 2003”namer ed actedLegislative AttorneyAmerican Law DivisionSummaryH.R.1429wouldcreateanexceptionforvictimsofdomesticviolencefromcurrentfederal law and policy mandating zero tolerance for criminal activity in federallyassistedhousing. UnderHUDs“OneStrikePolicy,”tenantsmaybeheldstrictlyliableand evicted by public housing authorities for criminal behavior by “a tenant, anymember of a tenants household, a guest or another person under the tenants control.”Reportedly, the policy has been applied to evict public housing tenants who werevictims of domestic violence at the hands of their own household members or guests.The bill rewrites federal no-fault eviction rules to avoid such application to domesticviolence victims. In effect, it would erect an “innocent tenant defense” for victims ofdomestic or dating violence, where the target of the criminal act is either the tenantherself or an immediate family member.Persons guilty of physical acts of violenceagainst family