Authorizes the National Center for Missing and Exploited Children to forward to local law enforcement agencies any electronic reports received concerning possible violations of child pornography laws.
Requires the Attorney General to establish an AMBER (America's Missing: Broadcast Emergency Response) Alert Coordinator position.
Directs the Secretary of Transportation to make grants to States for developing and constructing along highways facilities and equipment designed to notify the public of missing children.
Establishes within the Federal Bureau of Investigation a National Crimes Against Children Response Center to: (1) develop a national response plan model for reporting crimes involving the victimization of children; and (2) protect children from future crimes.
Increases from 25 to 35 years the statute of limitations for child abuse offenses. Makes the confidential marital communication privilege and adverse spousal privilege inapplicable to Federal proceedings where a spouse is charged with a crime against a child of either spouse or against a child under the custody or control of either spouse. Increases penalties for sex offenses.
Directs the Attorney General to appoint a Deputy Assistant Attorney General for Crimes Against Children.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5397 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5397
To protect our children from violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2002
Mr. Foley (for himself, Mr. Lampson, and Mr. Regula) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Transportation and Infrastructure,
and Education and the Workforce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect our children from violence.
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 ``Protecting Our Children From
Violence Act of 2002''.
SEC. 2. ASSAULT AND MAIMING.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 117. Assault against a child
``(a) Whoever, in a circumstance described in subsection (c)
commits an assault upon, or maims, an individual who has not attained
the age of 18 years shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(A) Assault with the intent to commit murder of a child,
by imprisonment not more than 35 years.
``(B) Assault that consists of conduct that would be an
offense under section 114 if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, by a fine under this title or imprisonment for not more
than 30 years, or both.
``(C) Assault with intent to commit any felony against a
child, except murder or a felony under chapter 109A, by a fine
under this title or imprisonment for not more than 15 years, or
both.
``(D) Assault with a dangerous weapon against a child, with
intent to do bodily harm, and without just cause or excuse, by
a fine under this title or imprisonment for not more than 15
years, or both.
``(E) Assault by striking, beating, or wounding a child, by
a fine under this title or imprisonment of not more than 2
years, or both.
``(F) Simple assault against a child, by a fine under this
title or imprisonment for not more than 6 months, or both, or
if the perpetrator of the assault is an individual who has not
attained the age of 16 years, by fine under this title or
imprisonment of not more than 1 year, or both.
``(G) Assault resulting in serious bodily injury of a
child, by a fine under this title or imprisonment for not more
than 15, or both.
``(c) The circumstances referred to in subsection (a) are any of
the following:
``(1) The conduct constituting the offense occurs within
the special maritime and territorial jurisdiction of the United
States, or in interstate or foreign commerce.
``(2) The person engaging in the conduct constituting the
offense--
``(A) travels in interstate or foreign commerce
with the intent to commit the offense;
``(B) transports a child in interstate or foreign
commerce; or
``(C) crosses a State line, with the intent to
commit the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 18, United States Code, is amended by adding at the
end the following new item:
``117. Assault against a child.''.
SEC. 3. KIDNAPPING.
(a) Custodial Kidnapping.--Section 1201 of title 18, United States
Code, is amended by adding at the end the following new subsection:
``(i) Whoever, being a parent of a minor, unlawfully seizes,
confines, inveigles, decoys, kidnaps, abducts, or carries away and
holds for ransom or reward or otherwise, that minor, shall be fined
under this title or imprisoned not more than one year, or both, but in
the case of a second or subsequent offense shall be fined under this
title or imprisoned not more than 10 years, or both.''.
(b) Additional Bases for Federal Prosecution.--Section 1201(a) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by inserting ``or'' at the end of paragraph (5); and
(3) by inserting after pargraph (5) the following:
``(6) the defendant travelled in interstate or foreign
commerce with the intent to commit the offense;''.
SEC. 4. MURDER.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Murder of children
``(a) Whoever, in a circumstance described in subsection (c), kills
or attempts to kill an individual who has not attained the age of 18
years shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the killing is murder, the punishment provided for
murder in section 1111.
``(2) If the killing is voluntary manslaughter, a fine
under this title or imprisonment not more than 20 years, or
both.
``(3) If the killing is involuntary manslaughter, a fine
under this title or imprisonment not more than 12 years, or
both.
``(4) If the offense consists of an attempted murder or
manslaughter, a fine under this title or imprisonment not more
than 10 years, or both.
``(c) The circumstances referred to in subsection (a) are any of
the following:
``(1) The offense occurs in the special maritime and
territorial jurisdiction of the United States or in interstate
or foreign commerce.
``(2) The defendant travels in interstate or foreign
commerce with intent to commit the offense.
``(3) The child is transported in interstate or foreign
commerce in connection with the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following new item:
``1123. Murder of children.''.
SEC. 5. CIVIL ACTION.
A victim of an offense under section 117, 1201(i), 1123, 2241(c),
or 2243(a) of title 18, United States Code, or a parent on behalf of
that victim, may in a civil action against the offender, obtain
appropriate relief, including actual and punitive damages, and a
reasonable attorney's fee as part of the costs.
SEC. 6. STATE AND LOCAL NOTIFICATION IN CHILD PORNOGRAPHY CASES.
Section 227(b)(1) of Public Law 101-647 (42 U.S.C. 13032(b)(1)) is
amended by adding at the end the following: ``The Center may also
forward that report to any State or local law enforcement agency the
Center determines appropriate.''.
SEC. 7. AMBER ALERT COORDINATION.
(a) Coordinator.--The Attorney General shall establish an AMBER
Alert Coordinator position (referred to in this section as ``the
Coordinator''). The Coordinator shall--
(1) establish, with the assistance of the National Center
for Missing and Exploited Children and the Federal
Communications Commission, guidelines for implementing a
statewide Amber Alert plan not later than 60 days after the
date of enactment of this Act;
(2) provide technical assistance to the States,
broadcasters, and law enforcement agencies in implementing
AMBER Alert plans;
(3) certify, not later than 90 days after a certification
request is received, to the Secretary of Transportation any
State that--
(A) has established or agrees to establish a
statewide AMBER Alert plan not later than 1 year after
receiving a grant under section 3;
(B) agrees to establish a reciprocal arrangement
with other States, including sharing of information
regarding the initiation of an AMBER Alert; and
(C) is in compliance with the guidelines
established pursuant to paragraph (1);
(4) deny certification, not later than 90 days after a
certification request is received and provide notification of
such denial to the Secretary of Transportation, to any State
that fails to comply with the certification requirements
described in paragraph (3);
(5) monitor compliance and revoke certification of any
State that fails to establish an AMBER Alert plan in accordance
with the 1-year period referred to in paragraph (3)(A) and
provide notification of such revocation to the State and the
Secretary of Transportation;
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for fiscal year 2003
and such sums as may be necessary for fiscal years 2004 through 2007.
Such sums shall remain available until expended.
SEC. 8. GRANT PROGRAM.
(a) Findings.--The Congress finds and declares that--
(1) every year over 725,000 children are reported missing
to local, State, and Federal authorities--that is over 2,000
per day;
(2) in 2002 there have been countless reports of children
being abducted either form their homes or in front of their
homes and then later killed;
(3) one of the fundamental purposes of government is to
protect its people--especially its children; and
(4) it is in the best interest of our Nation to ensure that
law enforcement officials and prosecutors have the tools they
need in order to ensure the safety of our children.
(b) In General.--The Secretary of Transportation shall make grants
to States to develop, acquire, install, and construct facilities and
equipment along highways to notify the public of missing children
(including a description of such children), information regarding any
abductor of such children, and other relevant information.
(c) Application.--In order to be eligible to receive a grant under
this section, a State shall--
(1) adhere to the requirements of this section;
(2) apply to the Coordinator appointed under section 2 for
certification--
(A) in 2003, not later than March 1; and
(B) in subsequent years, not later than January 1
of the year in which the State expects to receive
funds; and
(3) include a projection of costs to implement subsection
(a).
(d) Federal Share.--The Federal share of the cost of a project for
which a grant is made to a State under this section in a fiscal year
shall not exceed 50 percent.
(e) Apportionment of Funds.--Amounts appropriated to carry out this
section shall be apportioned in equal shares to each State that meets
the requirements of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $99,500,000 for fiscal year 2003
and such sums as may be necessary for each of fiscal years 2004 through
2007. Such sums shall remain available until expended.
SEC. 9. DEFINITIONS.
In sections 9 and 10, the following definitions apply:
(1) Amber alert.--The term ``AMBER Alert'' (America's
Missing: Broadcast Emergency Response Alert) means a voluntary
partnership between law enforcement agencies and broadcasters
to activate an urgent bulletin in serious child abduction
cases. Broadcasters use the Emergency Alert System (EAS),
formerly referred to as the Emergency Broadcast System, to air
a description of the missing child and suspected abductor and
any other relevant information.
(2) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 10. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540A. National Crimes Against Children Response Center
``(a) Establishment.--There is established within the Federal
Bureau of Investigation a National Crimes Against Children Response
Center (referred to in this section as the `Center').
``(b) Mission.--The mission of the Center is to develop a national
response plan model that--
``(1) provides a comprehensive, rapid response plan to
report crimes involving the victimization of children; and
``(2) protects children from future crimes.
``(c) Duties.--To carry out the mission described in subsection
(b), the Director of the Federal Bureau of Investigation shall--
``(1) consult with the Deputy Assistant Attorney General
for the Crimes Against Children Office and other child crime
coordinators within the Department of Justice;
``(2) consolidate units within the Federal Bureau of
Investigation that investigate crimes against children,
including abductions, abuse, and sexual exploitation offenses;
``(3) develop a comprehensive, rapid response plan for
crimes involving children that incorporates resources and
expertise from Federal, State, and local law enforcement
agencies and child services professionals;
``(4) develop a national strategy to prevent crimes against
children that shall include a plan to rescue children who are
identified in child pornography images as victims of abuse;
``(5) create regional rapid response teams composed of
Federal, State, and local prosecutors, investigators, victim
witness specialists, mental health professionals, and other
child services professionals;
``(6) implement an advanced training program that will
enhance the ability of Federal, State, and local entities to
respond to reported crimes against children and protect
children from future crimes; and
``(7) conduct outreach efforts to raise awareness and
educate communities about crimes against children.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal Bureau of Investigation such sums as
necessary for fiscal year 2003 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 28, United States Code, is amended by adding at the
end the following:
``540A. National Crimes Against Children Response Center.''.
SEC. 11. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES.
Section 3283 of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``35 years''.
SEC. 12. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION
CASES.
Rule 414 of the Federal Rules of Evidence is amended--
(1) in subsection (a), by inserting ``or possession of
sexually explicit materials containing apparent minors'' after
``or offenses of child molestation''; and
(2) in subsection (d), by striking ``fourteen'' and
inserting ``18''.
SEC. 13. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
``The confidential marital communication privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
``(1) a child of either spouse; or
``(2) a child under the custody or control of either
spouse.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1826 the following:
``1826A. Marital communications and adverse spousal privilege.''.
SEC. 14. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES.
Title 18, United States Code, is amended--
(1) in section 1591(b)(2), by striking ``20 years'' and
inserting ``40 years'';
(2) in section 2421, by striking ``10 years'' and inserting
``20 years'';
(3) in section 2422--
(A) in subsection (a), by striking ``10 years'' and
inserting ``20 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years'';
(4) in section 2423--
(A) in subsection (a), by striking ``15 years'' and
inserting ``30 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years''; and
(5) in section 2425, by striking ``5 years'' and inserting
``10 years''.
SEC. 15. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN.
(a) Establishment of Position.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following:
``Sec. 507A. Deputy Assistant Attorney General for Crimes Against
Children
``(a) The Attorney General shall appoint a Deputy Assistant
Attorney General for Crimes Against Children.
``(b) The Deputy Assistant Attorney General shall be the head of
the Crimes Against Children Section (CACS) of the Department of
Justice.
``(c) The duties of the Deputy Assistant Attorney General shall
include the following:
``(1) To prosecute cases involving crimes against children.
``(2) To advise Federal prosecutors and law enforcement
personnel regarding crimes against children.
``(3) To provide guidance and assistance to Federal, State,
and local law enforcement agencies and personnel, and
appropriate foreign entities, regarding responses to crimes
against children.
``(4) To propose and comment upon legislation concerning
crimes against children.
``(5) Such other duties as the Attorney General may
require, including duties carried out by the head of the Child
Exploitation and Obscenity Section and the Terrorism and
Violent Crime Section of the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 31 of title 28, United States Code, is
amended by inserting after the item relating to section 507 the
following:
``507A. Deputy Assistant Attorney General for Crimes Against
Children.''.
(b) Authorization of Appropriations for CACS.--There is authorized
to be appropriated for the Department of Justice for fiscal year 2003,
such sums as necessary to carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Select Education.
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