Carlie's Law - Requires: (1) the Secretary of State to notify the Secretary of Homeland Security that a U.S. citizen has been convicted outside the United States of a child predatory crime; (2) the Secretary of Homeland Security to ensure that such information is available to, and used by, agents of the Bureau of Customs and Border Protection; (3) the Secretary of Homeland Security to notify the Director of the Federal Bureau of Investigation (FBI) when such a person has entered the United States; and (4) the Director to ensure that such information is promptly entered into the National Sex Offender Registry.
Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to expand the Registry to include individuals convicted of exploitation of a minor or trafficking in persons with respect to a minor. Provides for criminal forfeiture of property of persons convicted of exploitation or trafficking. Subjects any person convicted of a criminal offense against a victim who is a minor age 12 or under to electronic surveillance for life, with exceptions.
Directs: (1) the U.S. Sentencing Commission to amend the federal sentencing guidelines to provide for trafficking in persons to be treated as a crime of violence; and (2) the Attorney General to prescribe regulations that specify the fields of information used in the Registry.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3107 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3107
To protect against child predators and trafficking in persons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2005
Ms. Harris introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect against child predators and trafficking in persons.
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 ``Carlie's Law''.
SEC. 2. COORDINATION AMONG DEPARTMENT OF STATE, DEPARTMENT OF HOMELAND
SECURITY, AND FEDERAL BUREAU OF INVESTIGATION TO MONITOR
OVERSEAS SEX OFFENDERS UPON RETURN TO THE UNITED STATES.
(a) State Department to Notify Customs and Border Protection
Agents.--Whenever it is made known to the Secretary of State that a
citizen of the United States has been convicted outside the United
States of a child predatory crime--
(1) the Secretary of State shall promptly notify the
Secretary of Homeland Security of the conviction of that
individual; and
(2) the Secretary of Homeland Security shall ensure that
the information relating to the conviction is available to, and
used by, agents of the Bureau of Customs and Border Protection.
(b) Customs and Border Protection Agents to Notify FBI.--Whenever
it is made known to an agent of the Bureau of Customs and Border
Protection that a citizen of the United States, who has been convicted
outside the United States of a child predatory crime, has entered the
United States--
(1) the Secretary of Homeland Security shall promptly
notify the Director of the Federal Bureau of Investigation of
the entry of that citizen; and
(2) the Director of the Federal Bureau of Investigation
shall ensure that the information relating to the entry of that
citizen is promptly entered into the National Sex Offender
Registry.
(c) Definition.--In this section, the term ``child predatory
crime'' includes--
(1) any crime under which a child is exploited for sexual
purposes, such as molestation, rape, fondling, or trafficking;
and
(2) any felony in which a child is the victim.
SEC. 3. EXPANSION OF NATIONAL SEX OFFENDER REGISTRY TO INCLUDE
INDIVIDUALS CONVICTED OF EXPLOITATION OR TRAFFICKING.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended in subsection (a)(3)(A)--
(1) by striking ``or'' at the end of clause (viii);
(2) by redesignating clause (ix) as clause (xi);
(3) by inserting after clause (viii) the following new
clauses:
``(ix) exploitation of a minor;
``(x) trafficking in persons with respect
to a minor; or''; and
(4) in clause (xi), as so redesignated, by striking
``clauses (i) through (vii)'' and inserting ``clauses (i)
through (x)''.
SEC. 4. CRIMINAL FORFEITURE OF PROPERTY OF PERSONS CONVICTED OF
EXPLOITATION OR TRAFFICKING.
(a) Property Subject to Criminal Forfeiture.--Any person convicted
of a violation of a Federal law relating to exploitation or trafficking
in persons shall forfeit to the United States, irrespective of any
provision of State law--
(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
(2) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
(b) Court Order.--The court, in imposing sentence on such person,
shall order, in addition to any other sentence imposed for that
offense, that the person forfeit to the United States all property
described in subsection (a). In lieu of a fine otherwise authorized for
that offense, a defendant who derives profits or other proceeds from an
offense may be fined not more than twice the gross profits or other
proceeds.
(c) Incorporation of Criminal Forfeiture Provisions of Controlled
Substances Act.--The following provisions of section 413 of the
Controlled Substances Act (21 U.S.C. 853) apply to a conviction
referred to in subsection (a): Subsections (b) through (i) and
subsections (k) through (p).
(d) Comparable State Forfeiture Laws.--Each State shall have in
effect laws and policies comparable to the laws and policies in this
section. A State that, as determined by the Attorney General, fails to
have in effect such laws and policies shall not receive any grant
amounts or other assistance under any program of the Department of
Justice.
SEC. 5. ELECTRONIC SURVEILLANCE OF INDIVIDUALS CONVICTED OF A CRIMINAL
OFFENSE AGAINST A MINOR AGE 12 OR UNDER.
(a) Surveillance Required.--Any person convicted of a criminal
offense against a victim who is a minor (as defined in section 170101
of the Violent Crime Control and Law Enforcement Act of 1994) shall, if
the minor was age 12 or under, be subject to electronic surveillance
for the life of the person, except as provided in this section.
(b) Exceptions.--
(1) During period of imprisonment.--A person shall not be
subject to electronic surveillance under subsection (a) during
a period of imprisonment.
(2) After determined to be no longer a threat to
community.--After a person has completed any period of
imprisonment, probation, parole, or supervised release, and has
completed any mandatory counseling, an appropriate official
shall periodically assess, in an appropriate proceeding,
whether the person no longer presents a threat to the
community. If the official so determines, and that
determination becomes final, the person shall not be subject to
electronic surveillance under subsection (a) thereafter.
(c) Officials Responsible.--The United States Marshals Service and
the Bureau of Prisons shall be responsible for carrying out the
electronic surveillance required by this section.
(d) Type of Surveillance.--Surveillance required by this section
shall be carried out using devices approved by the United States
Marshals Service.
(e) Comparable State Electronic Surveillance Laws.--Each State
shall have in effect laws and policies comparable to the laws and
policies in this section. A State that, as determined by the Attorney
General, fails to have in effect such laws and policies shall not
receive any grant amounts or other assistance under any program of the
Department of Justice.
SEC. 6. RECLASSIFICATION OF TRAFFICKING IN PERSONS AS CRIME OF VIOLENCE
UNDER FEDERAL SENTENCING GUIDELINES.
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall amend the
Federal Sentencing Guidelines to provide for trafficking in persons to
be treated as a crime of violence.
SEC. 7. REVOCATION OF PROBATION OR SUPERVISED RELEASE.
(a) Probation.--Section 3565(b) of title 18, United States Code, is
amended--
(1) in paragraph (3) by striking ``or'' at the end; and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) commits a felony crime of violence; or
``(6) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 16 years;''.
(b) Supervised Release.--Section 3583(g) of title 18, United States
Code, is amended--
(1) in paragraph (3) by striking ``or'' at the end; and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) commits a felony crime of violence; or
``(6) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 16 years;''.
SEC. 8. STANDARDIZATION OF INFORMATION IN NATIONAL SEX OFFENDER
REGISTRY.
(a) Standardization Required.--The Attorney General shall prescribe
regulations that specify the fields of information used in the National
Sex Offender Registry. The Attorney General shall ensure that each
State or other entity that provides information to the National Sex
Offender Registry provides, to the maximum extent practicable, all the
information specified in the regulations.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report on the regulations required by subsection (a).
SEC. 9. FORFEITURE OF PROPERTY BY PERSONS CONVICTED OF TRAFFICKING IN
PERSONS.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2428. Forfeiture
``(a) Forfeiture Required.--The court, in imposing sentence on any
person convicted of a violation of this chapter, shall order, in
addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the United
States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to commit or to
facilitate the commission of such violation; and
``(2) any property, real or personal, constituting or
derived from, any proceeds that such person obtained, directly
or indirectly, as a result of such violation.
``(b) Property Subject to Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States and no property right shall
exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter.
``(B) Any property, real or personal, which
constitutes or is derived from proceeds traceable to
any violation of this chapter.
``(2) Relationship to chapter 46.--The provisions of
chapter 46 of this title relating to civil forfeitures shall
extend to any seizure or civil forfeiture under this
subsection.''.
(b) Technical Amendment.--The chapter analysis at the beginning of
such chapter is amended by adding at the end the following new item:
``2428. Forfeiture.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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