Foster Child Protection and Child Sexual Predator Sentencing Act of 2005 - Amends the Social Security Act provisions regarding federal payments for foster care and adoption assistance to require background checks before approval of foster or adoptive placements, including checks of national crime information databases and state child abuse registries. Requires safeguards to prevent the unauthorized disclosure of information in a state child abuse and neglect registry and to prevent such information from being used for purposes other than conducting background checks in foster or adoptive placement cases.
Directs the Attorney General, at the request of the chief executive of a state, to ensure that appropriate child welfare agencies have the authority for "read only" online access to the national crime information databases. Prohibits an individual from releasing information derived as a result of a check other than to appropriate child welfare agency officers or others legally authorized to receive it. Sets penalties for knowingly exceeding such authority or releasing information in violation of this Act.
Increases penalties for: (1) coercion and enticement by sex offenders; (2) transportation of minors for criminal sexual activity; and (3) sexual abuse. Makes the confidential marital communication privilege and the adverse spousal privilege inapplicable in federal proceedings in which a spouse is charged with a crime against a child of, or under the custody or control of, either spouse.
Establishes: (1) procedures for the civil commitment of sexually dangerous persons; and (2) mandatory minimum penalties for child sex trafficking.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3129 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3129
To protect foster children and provide appropriate sentencing for child
sex predators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2005
Mr. DeLay introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Ways
and Means, 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 foster children and provide appropriate sentencing for child
sex predators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Foster Child Protection and Child
Sexual Predator Sentencing Act of 2005''.
SEC. 2. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF
ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL
CRIME INFORMATION DATABASES AND STATE CHILD ABUSE
REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-
OUT.
(a) Requirement to Complete Background Checks Before Approval of
Any Foster or Adoptive Placement and to Check National Crime
Information Databases and State Child Abuse Registries; Suspension of
Opt-Out.--
(1) Requirement to check national crime information
databases and state child abuse registries.--Section 471(a)(20)
of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by inserting ``, including
checks of national crime information
databases (as defined in section
534(e)(3)(A) of title 28, United States
Code),'' after ``criminal records
checks''; and
(II) by striking ``on whose behalf
foster care maintenance payments or
adoption assistance payments are to be
made'' and inserting ``regardless of
whether foster care maintenance
payments or adoption assistance
payments are to be made on behalf of
the child''; and
(ii) in each of clauses (i) and (ii), by
inserting ``involving a child on whose behalf
such payments are to be so made'' after ``in
any case'';
(B) by adding ``and'' at the end of subparagraph
(B); and
(C) by adding at the end the following:
``(C) provides that the State shall--
``(i) check any child abuse and neglect
registry maintained by the State for
information on any prospective foster or
adoptive parent and on any other adult living
in the home of such a prospective parent, and
request any other State in which any such
prospective parent or other adult has resided
in the preceding 5 years, to enable the State
to check any child abuse and neglect registry
maintained by such other State for such
information, before the prospective foster or
adoptive parent may be finally approved for
placement of a child, regardless of whether
foster care maintenance payments or adoption
assistance payments are to be made on behalf of
the child under the State plan under this part;
``(ii) comply with any request described in
clause (i) that is received from another State;
and
``(iii) have in place safeguards to prevent
the unauthorized disclosure of information in
any child abuse and neglect registry maintained
by the State, and to prevent any such
information obtained pursuant to this
subparagraph from being used for a purpose
other than the conducting of background checks
in foster or adoptive placement cases;''.
(2) Suspension of opt-out.--Section 471(a)(20)(B) of such
Act (42 U.S.C. 671(a)(20)(B)) is amended--
(A) by inserting ``, on or before September 30,
2005,'' after ``plan if''; and
(B) by inserting ``, on or before such date,''
after ``or if''.
(b) Elimination of Opt-Out.--Section 471(a)(20) of such Act (42
U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``unless an election provided for in subparagraph (B)
is made with respect to the State,''; and
(B) by adding ``and'' at the end of clause (ii);
and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on October 1, 2005, and shall apply with
respect to payments under part E of title IV of the Social
Security Act for calendar quarters beginning on or after such
date, without regard to whether regulations to implement the
amendments are promulgated by such date.
(2) Elimination of opt-out.--The amendments made by
subsection (b) shall take effect on October 1, 2007, and shall
apply with respect to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date, without regard to whether regulations to implement
the amendments are promulgated by such date.
(3) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under section 471 of the
Social Security Act to meet the additional requirements imposed
by the amendments made by a subsection of this section, the
plan shall not be regarded as failing to meet any of the
additional requirements before the first day of the first
calendar quarter beginning after the first regular session of
the State legislature that begins after the otherwise
applicable effective date of the amendments. If the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 3. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY CHILD WELFARE
AGENCIES FOR CERTAIN PURPOSES.
(a) In General.--The Attorney General shall, upon request of the
chief executive of a State, ensure that appropriate officers of child
welfare agencies have the authority for ``read only'' online access to
the databases of the national crime information databases (as defined
in section 534 of title 28, United States Code) to carry out criminal
history records checks, subject to subsection (b).
(b) Limitation.--An officer may use the authority under subsection
(a) only in furtherance of the purposes of the agency and only on an
individual relevant to casework of the agency.
(c) Protection of Information.--An individual having information
derived as a result of a check under subsection (a) may release that
information only to appropriate officers of child welfare agencies or
another person authorized by law to receive that information.
(d) Criminal Penalties.--An individual who knowingly exceeds the
authority in subsection (a), or knowingly releases information in
violation of subsection (c), shall be imprisoned not more than 10 years
or fined under title 18, United States Code, or both.
(e) Child Welfare Agency Defined.--In this section, the term
``child welfare agency'' means--
(1) the State or local agency responsible for administering
the plan under part B or part E of title IV of the Social
Security Act; and
(2) any other public agency, or any other private agency
under contract with the State or local agency responsible for
administering the plan under part B or part E of title IV of
the Social Security Act, that is responsible for the placement
of foster or adoptive children.
SEC. 4. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.
Section 2422(a) of title 18, United States Code, is amended by
striking ``or imprisoned not more than 20 years, or both'' and
inserting ``and imprisoned not less than 10 years nor more than 30
years''.
SEC. 5. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.
Section 2423 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``5 years and not more
than 30 years'' and inserting ``30 years or for life'';
(2) in subsection (b), by striking ``or imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 years and not more than 30 years'';
(3) in subsection (c), by striking ``or imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 years and not more than 30 years''; and
(4) in subsection (d), by striking ``imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 nor more than 30 years''.
SEC. 6. PENALTIES FOR SEXUAL ABUSE.
(a) Aggravated Sexual Abuse.--Section 2241 of title 18, United
States Code, is amended--
(1) in subsection (a), by striking ``, imprisoned for any
term of years or life, or both'' and inserting ``and imprisoned
for any term of years not less than 30 or for life''; and
(2) in subsection (b), by striking ``, imprisoned for any
term of years or life, or both'' and inserting ``and imprisoned
for any term of years not less than 25 or for life''.
(b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
amended by striking ``, imprisoned not more than 20 years, or both''
and inserting ``and imprisoned not less than 15 years nor more than 40
years''.
(c) Abusive Sexual Contact.--Section 2244(a) of title 18, United
States Code, is amended--
(1) in paragraph (2), by striking ``, imprisoned not more
than three years, or both'' and inserting ``and imprisoned not
less than 5 years nor more than 30 years'';
(2) in paragraph (3), by striking ``, imprisoned not more
than two years, or both'' and inserting ``and imprisoned not
less than 4 years nor more than 20 years''; and
(3) in paragraph (4), by striking ``, imprisoned not more
than six months, or both'' and inserting ``and imprisoned not
less than 2 years nor more than 10 years''.
SEC. 7. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE.
(a) Conditions of Probation.--Section 3563(a) of title 18, United
States Code, is amended----
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (9) the following:
``(10) for a person who is a felon or required to register
under the Sex Offender Registration and Notification Act, that
the person submit his person, and any property, house,
residence, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effects to
search at any time, with or without a warrant, by any law
enforcement or probation officer with reasonable suspicion
concerning a violation of a condition of probation or unlawful
conduct by the person, and by any probation officer in the
lawful discharge of the officer's supervision functions.''.
(b) Supervised Release.--Section 3583(d) of title 18, United States
Code, is amended by inserting after ``1994).'' the following: ``The
court shall order, as an explicit condition of supervised release for a
person who is a felon or required to register under the Sex Offender
Registration and Notification Act, that the person submit his person,
and any property, house, residence, vehicle, papers, computer, other
electronic communications or data storage devices or media, and effects
to search at any time, with or without a warrant, by any law
enforcement or probation officer with reasonable suspicion concerning a
violation of a condition of supervised release or unlawful conduct by
the person, and by any probation officer in the lawful discharge of the
officer's supervision functions.''
SEC. 8. KIDNAPPING PENALTIES AND JURISDICTION.
Section 1201 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``if the person was
alive when the transportation began'' and inserting ``, or the
offender travels in interstate or foreign commerce or uses the
mail or any means, facility, or instrumentality of interstate
or foreign commerce in committing or in furtherance of the
commission of the offense''; and
(2) in subsection (b), by striking ``to interstate'' and
inserting ``in interstate''.
SEC. 9. 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. 10. ABUSE AND NEGLECT OF INDIAN CHILDREN.
Section 1153(a) of title 18, United States Code, is amended by
inserting ``felony child abuse or neglect,'' after ``years,''.
SEC. 11. CIVIL COMMITMENT.
Chapter 313 of title 18, United States Code, is amended--
(1) in the chapter analysis--
(A) in the item relating to section 4241, by
inserting ``or to undergo postrelease proceedings''
after ``trial''; and
(B) by inserting at the end the following:
``4248. Civil commitment of a sexually dangerous person.'';
(2) in section 4241--
(A) in the heading, by inserting ``or to undergo
postrelease proceedings'' after ``trial'';
(B) in the first sentence of subsection (a), by
inserting ``or at any time after the commencement of
probation or supervised release and prior to the
completion of the sentence,'' after ``defendant,'';
(C) in subsection (d)--
(i) by striking ``trial to proceed'' each
place it appears and inserting ``proceedings to
go forward''; and
(ii) by striking ``section 4246'' and
inserting ``sections 4246 and 4248''; and
(D) in subsection (e)--
(i) by inserting ``or other proceedings''
after ``trial''; and
(ii) by striking ``chapter 207'' and
inserting ``chapters 207 and 227'';
(3) in section 4247--
(A) by striking ``, or 4246'' each place it appears
and inserting ``, 4246, or 4248'';
(B) in subsections (g) and (i), by striking ``4243
or 4246'' each place it appears and inserting ``4243,
4246, or 4248'';
(C) in subsection (a)--
(i) by amending subparagraph (1)(C) to read
as follows:
``(C) drug, alcohol, and sex offender treatment programs, and other
treatment programs that will assist the individual in overcoming a
psychological or physical dependence or any condition that makes the
individual dangerous to others; and'';
(ii) in paragraph (2), by striking ``and''
at the end;
(iii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iv) by inserting at the end the following:
``(4) `bodily injury' includes sexual abuse;
``(5) `sexually dangerous person' means a person who has
engaged or attempted to engage in sexually violent conduct or
child molestation and who is sexually dangerous to others; and
``(6) `sexually dangerous to others' means that a person
suffers from a serious mental illness, abnormality, or disorder
as a result of which he would have serious difficulty in
refraining from sexually violent conduct or child molestation
if released.'';
(D) in subsection (b), by striking ``4245 or 4246''
and inserting ``4245, 4246, or 4248''; and
(E) in subsection (c)(4)--
(i) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F) respectively;
and
(ii) by inserting after subparagraph (C)
the following:
``(D) if the examination is ordered under section
4248, whether the person is a sexually dangerous
person;''; and
(4) by inserting at the end the following:
``Sec. 4248. Civil commitment of a sexually dangerous person
``(a) Institution of Proceedings.--In relation to a person who is
in the custody of the Bureau of Prisons, or who has been committed to
the custody of the Attorney General pursuant to section 4241(d), or
against whom all criminal charges have been dismissed solely for
reasons relating to the mental condition of the person, the Attorney
General or any individual authorized by the Attorney General or the
Director of the Bureau of Prisons may certify that the person is a
sexually dangerous person, and transmit the certificate to the clerk of
the court for the district in which the person is confined. The clerk
shall send a copy of the certificate to the person, and to the attorney
for the Government, and, if the person was committed pursuant to
section 4241(d), to the clerk of the court that ordered the commitment.
The court shall order a hearing to determine whether the person is a
sexually dangerous person. A certificate filed under this subsection
shall stay the release of the person pending completion of procedures
contained in this section.
``(b) Psychiatric or Psychological Examination and Report.--Prior
to the date of the hearing, the court may order that a psychiatric or
psychological examination of the defendant be conducted, and that a
psychiatric or psychological report be filed with the court, pursuant
to the provisions of section 4247(b) and (c).
``(c) Hearing.--The hearing shall be conducted pursuant to the
provisions of section 4247(d).
``(d) Determination and Disposition.--If, after the hearing, the
court finds by clear and convincing evidence that the person is a
sexually dangerous person, the court shall commit the person to the
custody of the Attorney General. The Attorney General shall release the
person to the appropriate official of the State in which the person is
domiciled or was tried if such State will assume responsibility for his
custody, care, and treatment. The Attorney General shall make all
reasonable efforts to cause such a State to assume such responsibility.
If, notwithstanding such efforts, neither such State will assume such
responsibility, the Attorney General shall place the person for
treatment in a suitable facility, until--
``(1) such a State will assume such responsibility; or
``(2) the person's condition is such that he is no longer
sexually dangerous to others, or will not be sexually dangerous
to others if released under a prescribed regimen of medical,
psychiatric, or psychological care or treatment;
whichever is earlier. The Attorney General shall make all reasonable
efforts to have a State to assume such responsibility for the person's
custody, care, and treatment.
``(e) Discharge.--When the Director of the facility in which a
person is placed pursuant to subsection (d) determines that the
person's condition is such that he is no longer sexually dangerous to
others, or will not be sexually dangerous to others if released under a
prescribed regimen of medical, psychiatric, or psychological care or
treatment, he shall promptly file a certificate to that effect with the
clerk of the court that ordered the commitment. The clerk shall send a
copy of the certificate to the person's counsel and to the attorney for
the Government. The court shall order the discharge of the person or,
on motion of the attorney for the Government or on its own motion,
shall hold a hearing, conducted pursuant to the provisions of section
4247(d), to determine whether he should be released. If, after the
hearing, the court finds by a preponderance of the evidence that the
person's condition is such that--
``(1) he will not be sexually dangerous to others if
released unconditionally, the court shall order that he be
immediately discharged; or
``(2) he will not be sexually dangerous to others if
released under a prescribed regimen of medical, psychiatric, or
psychological care or treatment, the court shall--
``(A) order that he be conditionally discharged
under a prescribed regimen of medical, psychiatric, or
psychological care or treatment that has been prepared
for him, that has been certified to the court as
appropriate by the Director of the facility in which he
is committed, and that has been found by the court to
be appropriate; and
``(B) order, as an explicit condition of release,
that he comply with the prescribed regimen of medical,
psychiatric, or psychological care or treatment.
The court at any time may, after a hearing employing the same
criteria, modify or eliminate the regimen of medical,
psychiatric, or psychological care or treatment.
``(f) Revocation of Conditional Discharge.--The director of a
facility responsible for administering a regimen imposed on a person
conditionally discharged under subsection (e) shall notify the Attorney
General and the court having jurisdiction over the person of any
failure of the person to comply with the regimen. Upon such notice, or
upon other probable cause to believe that the person has failed to
comply with the prescribed regimen of medical, psychiatric, or
psychological care or treatment, the person may be arrested, and, upon
arrest, shall be taken without unnecessary delay before the court
having jurisdiction over him. The court shall, after a hearing,
determine whether the person should be remanded to a suitable facility
on the ground that he is sexually dangerous to others in light of his
failure to comply with the prescribed regimen of medical, psychiatric,
or psychological care or treatment.
``(g) Release to State of Certain Other Persons.--If the director
of the facility in which a person is hospitalized or placed pursuant to
this chapter certifies to the Attorney General that a person, against
him all charges have been dismissed for reasons not related to the
mental condition of the person, is a sexually dangerous person, the
Attorney General shall release the person to the appropriate official
of the State in which the person is domiciled or was tried for the
purpose of institution of State proceedings for civil commitment. If
neither such State will assume such responsibility, the Attorney
General shall release the person upon receipt of notice from the State
that it will not assume such responsibility, but not later than 10 days
after certification by the director of the facility.''.
SEC. 12. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.
Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``or imprisonment'' and inserting
``and imprisonment'';
(B) by inserting ``not less than 20'' after ``any
term of years''; and
(C) by striking ``, or both''; and
(2) in paragraph (2)--
(A) by striking ``or imprisonment for not'' and
inserting ``and imprisonment for not less than 10 years
nor''; and
(B) by striking ``, or both''.
SEC. 13. SEXUAL ABUSE OF WARDS.
Chapter 109A of title 18, United States Code, is amended--
(1) in section 2243(b), by striking ``one year'' and
inserting ``five years'';
(2) in section 2244(a)(4), by striking ``six months'' and
inserting ``two years'';
(3) in section 2244(b), by striking ``six months'' and
inserting ``two years''; and
(4) by inserting after ``Federal prison,'' each place it
appears , other than the second sentence of section 2241(c),
the following: ``, or being in the custody of the Attorney
General or the Bureau of Prisons or confined in any institution
or facility by direction of the Attorney General or the Bureau
of Prisons,''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, 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 Committee on Ways and Means, 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 Committee on Ways and Means, 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 Human Resources.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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