Judiciary Bill 3
H. R. 2146
A Bill
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Two Strikes and You're
Out Child Protection Act'.
Section 3559 of title 18, United States Code, is
amended by adding at the end the following new subsection:
`(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED SEX
OFFENSES AGAINST CHILDREN-
`(1) IN GENERAL- A person who is convicted of a
Federal sex offense in which a minor is the victim shall be sentenced to life
imprisonment if the person has a prior sex conviction in which a minor was the
victim, unless the sentence of death is imposed.
`(2) DEFINITIONS- For the purposes of this
subsection--
`(A) the term `Federal sex offense' means--
`(i) an offense under section 2241 (relating to
aggravated sexual abuse), 2242 (relating to sexual abuse), 2243(a) (relating to
sexual abuse of a minor), 2244(a)(1) or (2) (relating to abusive sexual
contact), 2245 (relating to sexual abuse resulting in death), or 2251A
(relating to selling or buying of children); or
`(ii) an offense under section 2423(a) (relating to
transportation of minors) involving prostitution or sexual activity
constituting a State sex offense;
`(B) the term `State sex offense' means an offense
under State law that consists of conduct that would be a Federal sex offense
if, to the extent or in the manner specified in the applicable provision of
this title--
`(i) the offense involved interstate or foreign
commerce, or the use of the mails; or
`(ii) the conduct occurred in any commonwealth,
territory, or possession of the United States, within the special maritime and
territorial jurisdiction of the United States, in a Federal prison, on any land
or building owned by, leased to, or otherwise used by or under the control of
the Government of the United States, or in the Indian country (as defined in
section 1151);
`(C) the term `prior sex conviction' means a
conviction for which the sentence was imposed before the conduct occurred
constituting the subsequent Federal sex offense, and which was for a Federal
sex offense or a State sex offense;
`(D) the term `minor' means an individual who has
not attained the age of 17 years; and
`(E) the term `State' has the meaning given that
term in subsection (c)(2).'.
(a) In each case in which a life sentence is imposed
under section 3559(e), the judge shall make and transmit to the Administrative
Office of the United States Courts findings with regard to each of the
following:
(1) The applicable range under the Federal
Sentencing Guidelines if the statutory minimum life sentence had not applied.
(2) The sentence that the court would have imposed
on the defendant if the statutory minimum life sentence had not applied, in
light of the nature and circumstances of the offense, the history and
characteristics of the defendant, and the other factors set forth in section
3553(a).
(3) The race, gender, age, and ethnicity of the
victim and defendant.
(4) The reason for the Government's decision to
prosecute this defendant in Federal court instead of deferring to prosecution
in State or tribal court, and the criteria used by the Government to make that
decision in this and other cases.
(5) The projected cost to the Federal Government of
the life sentence, taking into account capital and operating costs associated
with imprisonment.
(b) To assist the court to make the findings
required in subsections (a)(4) and (a)(5), the Government attorney shall state
on the record such information as the court deems necessary to make such
findings, including cost data provided by the Bureau of Prisons. In making the
required findings, the court shall not be bound by the information provided by
the Government attorney.
(c) The Administrative Office of the United States
Courts shall annually compile and report the findings made under subsection (a)
to the Congress.
Sections 2247 and 2426 of title 18, United States
Code, are each amended by inserting `, unless section 3559(e) applies' before
the final period.