Two Strikes and You're Out Child Protection Act

Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment of a person convicted of a Federal sex offense in which a minor is the victim if the person has a prior sex conviction in which a minor was the victim, unless a death sentence is imposed.

Defines: (1) "Federal sex offense" to include specified offenses relating to sexual abuse, buying or selling of children, and interstate transportation of minors involving prostitution or sexual activity constituting a State sex offense; (2) "State sex offense" as one that would be a Federal sex offense if it involved interstate or foreign commerce or the use of mail or if the conduct occurred in any U.S. commonwealth, territory, possession, or special maritime and territorial jurisdiction, in a Federal prison or building, on Federal land, or in Indian country; (3) "prior sex conviction" as a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent offense; and (4) "minor" as an individual who has not attained age 17.

Directs the judge, in each case in which a life sentence is imposed, to make and transmit to the Administrative Office of the United States Courts findings regarding: (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 defendant's history and characteristics, and specified other factors; (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 to make that decision in this and other cases; and (5) the projected cost to the Government of the life sentence. Directs: (1) the Government attorney to state on the record such information as the court deems necessary to make such findings regarding the decision to prosecute in Federal court and the projected cost to the Government of the life sentence; and (2) the Administrative Office to annually compile and report all such findings to Congress.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2146 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2146

      To amend title 18 of the United States Code to provide life 
   imprisonment for repeat offenders who commit sex offenses against 
                               children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2001

Mr. Green of Wisconsin (for himself, Mr. Shimkus, Mr. Shows, Mr. Frost, 
  Mr. Duncan, Mr. Lipinski, Mr. Cramer, Mr. Smith of New Jersey, Mr. 
 Terry, Mr. Calvert, Ms. Hart, Mr. Oxley, Mr. Hayworth, Mr. Sessions, 
Mr. Nethercutt, Mr. Gilchrest, Mrs. Kelly, Mr. Pitts, Mr. Ney, Mr. Gary 
  G. Miller of California, Mr. Petri, Mr. English, Mr. Jones of North 
    Carolina, Mr. Royce, Mr. Watkins of Oklahoma, and Mr. Sweeney) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To amend title 18 of the United States Code to provide life 
   imprisonment for repeat offenders who commit sex offenses against 
                               children.

    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 ``Two Strikes and You're Out Child 
Protection Act''.

SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST 
              CHILDREN.

    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 (relating to 
                        sexual abuse of a minor or ward), 2244 
                        (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 an individual who has not attained 
                        the age of 16 years;
                    ``(B) the term `prior sex conviction' means a 
                conviction for which the sentence was imposed before 
                the conduct occurred forming the basis for the 
                subsequent Federal sex offense, and which was for 
                either--
                            ``(i) a Federal sex offense; or
                            ``(ii) an offense under State law 
                        consisting of conduct that would have been a 
                        Federal sex offense if, to the extent or in the 
                        manner specified in the applicable provision of 
                        title 18--
                                    ``(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 `minor' means an individual who has 
                not attained the age of 18 years; and
                    ``(D) the term `State' means a State of the United 
                States, the District of Columbia, and any commonwealth, 
                territory, or possession of the United States.''.

SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Section 2247.--Section 2247 of title 18, United States Code, is 
amended by inserting ``, unless section 3559(e) applies'' before the 
final period.
    (b) Section 2426.--Section 2426 of title 18, United States Code, is 
amended by inserting ``, unless section 3559(e) applies'' before the 
final period.
    (c) Technical Amendments.--Sections 2252(c)(1) and 2252A(d)(1) of 
title 18, United States Code, are each amended by striking ``less than 
three'' and inserting ``fewer than 3''.
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