I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Carlie’s Law’’. 

5 SEC. 2. COORDINATION AMONG DEPARTMENT OF STATE, 

6 DEPARTMENT OF HOMELAND SECURITY, AND 

7 FEDERAL BUREAU OF INVESTIGATION TO 

8 MONITOR OVERSEAS SEX OFFENDERS UPON 

9 RETURN TO THE UNITED STATES. 

10 (a) STATE DEPARTMENT TO NOTIFY CUSTOMS AND

11 BORDER PROTECTION AGENTS.—Whenever it is made 

12 known to the Secretary of State that a citizen of the 
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1 United States has been convicted outside the United 

2 States of a child predatory crime— 

3 (1) the Secretary of State shall promptly notify 

4 the Secretary of Homeland Security of the convic5 tion of that individual; and 

6 (2) the Secretary of Homeland Security shall 

7 ensure that the information relating to the convic8 tion is available to, and used by, agents of the Bu9 reau of Customs and Border Protection. 

10 (b) CUSTOMS AND BORDER PROTECTION AGENTS TO

11 NOTIFY FBI.—Whenever it is made known to an agent 

12 of the Bureau of Customs and Border Protection that a 

13 citizen of the United States, who has been convicted out14 side the United States of a child predatory crime, has en15 tered the United States— 

16 (1) the Secretary of Homeland Security shall 

17 promptly notify the Director of the Federal Bureau 

18 of Investigation of the entry of that citizen; and 

19 (2) the Director of the Federal Bureau of In20 vestigation shall ensure that the information relating 

21 to the entry of that citizen is promptly entered into 

22 the National Sex Offender Registry. 

23 (c) DEFINITION.—In this section, the term ‘‘child 

24 predatory crime’’ includes— 
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1 (1) any crime under which a child is exploited 

2 for sexual purposes, such as molestation, rape, fond3 ling, or trafficking; and 

4 (2) any felony in which a child is the victim. 

5 SEC. 3. EXPANSION OF NATIONAL SEX OFFENDER REG6 ISTRY TO INCLUDE INDIVIDUALS CONVICTED 

7 OF EXPLOITATION OR TRAFFICKING. 

8 Section 170101 of the Violent Crime Control and 

9 Law Enforcement Act of 1994 (42 U.S.C. 14071) is 

10 amended in subsection (a)(3)(A)— 

11 (1) by striking ‘‘or’’ at the end of clause (viii); 

12 (2) by redesignating clause (ix) as clause (xi); 

13 (3) by inserting after clause (viii) the following 

14 new clauses: 

15 ‘‘(ix) exploitation of a minor; 

16 ‘‘(x) trafficking in persons with re17 spect to a minor; or’’; and 

18 (4) in clause (xi), as so redesignated, by strik19 ing ‘‘clauses (i) through (vii)’’ and inserting ‘‘clauses 

20 (i) through (x)’’. 

21 SEC. 4. CRIMINAL FORFEITURE OF PROPERTY OF PERSONS 

22 CONVICTED OF EXPLOITATION OR TRAF23 FICKING. 

24 (a) PROPERTY SUBJECT TO CRIMINAL FOR25 FEITURE.—Any person convicted of a violation of a Fed-
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1 eral law relating to exploitation or trafficking in persons 

2 shall forfeit to the United States, irrespective of any provi3 sion of State law— 

4 (1) any property constituting, or derived from, 

5 any proceeds the person obtained, directly or indi6 rectly, as the result of such violation; and 

7 (2) any of the person’s property used, or in8 tended to be used, in any manner or part, to com9 mit, or to facilitate the commission of, such viola10 tion. 

11 (b) COURT ORDER.—The court, in imposing sentence 

12 on such person, shall order, in addition to any other sen13 tence imposed for that offense, that the person forfeit to 

14 the United States all property described in subsection (a). 

15 In lieu of a fine otherwise authorized for that offense, a 

16 defendant who derives profits or other proceeds from an 

17 offense may be fined not more than twice the gross profits 

18 or other proceeds. 

19 (c) INCORPORATION OF CRIMINAL FORFEITURE PRO20 VISIONS OF CONTROLLED SUBSTANCES ACT.—The fol21 lowing provisions of section 413 of the Controlled Sub22 stances Act (21 U.S.C. 853) apply to a conviction referred 

23 to in subsection (a): Subsections (b) through (i) and sub24 sections (k) through (p). 
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1 (d) COMPARABLE STATE FORFEITURE LAWS.—Each 

2 State shall have in effect laws and policies comparable to 

3 the laws and policies in this section. A State that, as deter4 mined by the Attorney General, fails to have in effect such 

5 laws and policies shall not receive any grant amounts or 

6 other assistance under any program of the Department 

7 of Justice. 

8 SEC. 5. ELECTRONIC SURVEILLANCE OF INDIVIDUALS CON9 VICTED OF A CRIMINAL OFFENSE AGAINST A 

10 MINOR AGE 12 OR UNDER. 

11 (a) SURVEILLANCE REQUIRED.—Any person con12 victed of a criminal offense against a victim who is a minor 

13 (as defined in section 170101 of the Violent Crime Control 

14 and Law Enforcement Act of 1994) shall, if the minor 

15 was age 12 or under, be subject to electronic surveillance 

16 for the life of the person, except as provided in this sec17 tion. 

18 (b) EXCEPTIONS.— 

19 (1) DURING PERIOD OF IMPRISONMENT.—A 

20 person shall not be subject to electronic surveillance 

21 under subsection (a) during a period of imprison22 ment. 

23 (2) AFTER DETERMINED TO BE NO LONGER A

24 THREAT TO COMMUNITY.—After a person has com25 pleted any period of imprisonment, probation, pa-
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1 role, or supervised release, and has completed any 

2 mandatory counseling, an appropriate official shall 

3 periodically assess, in an appropriate proceeding, 

4 whether the person no longer presents a threat to 

5 the community. If the official so determines, and 

6 that determination becomes final, the person shall 

7 not be subject to electronic surveillance under sub8 section (a) thereafter. 

9 (c) OFFICIALS RESPONSIBLE.—The United States 

10 Marshals Service and the Bureau of Prisons shall be re11 sponsible for carrying out the electronic surveillance re12 quired by this section. 

13 (d) TYPE OF SURVEILLANCE.—Surveillance required 

14 by this section shall be carried out using devices approved 

15 by the United States Marshals Service. 

16 (e) COMPARABLE STATE ELECTRONIC SURVEIL17 LANCE LAWS.—Each State shall have in effect laws and 

18 policies comparable to the laws and policies in this section. 

19 A State that, as determined by the Attorney General, fails 

20 to have in effect such laws and policies shall not receive 

21 any grant amounts or other assistance under any program 

22 of the Department of Justice. 
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1 SEC. 6. RECLASSIFICATION OF TRAFFICKING IN PERSONS 

2 AS CRIME OF VIOLENCE UNDER FEDERAL 

3 SENTENCING GUIDELINES. 

4 Pursuant to its authority under section 994(p) of title 

5 28, United States Code, the United States Sentencing 

6 Commission shall amend the Federal Sentencing Guide7 lines to provide for trafficking in persons to be treated 

8 as a crime of violence. 

9 SEC. 7. REVOCATION OF PROBATION OR SUPERVISED RE10 LEASE. 

11 (a) PROBATION.—Section 3565(b) of title 18, United 

12 States Code, is amended— 

13 (1) in paragraph (3) by striking ‘‘or’’ at the 

14 end; and 

15 (2) by inserting after paragraph (4) the fol16 lowing new paragraphs: 

17 ‘‘(5) commits a felony crime of violence; or 

18 ‘‘(6) commits a crime of violence against, or an 

19 offense that consists of or is intended to facilitate 

20 unlawful sexual contact (as defined in section 2246) 

21 with, a person who has not attained the age of 16 

22 years;’’. 

23 (b) SUPERVISED RELEASE.—Section 3583(g) of title 

24 18, United States Code, is amended— 

25 (1) in paragraph (3) by striking ‘‘or’’ at the 

26 end; and 
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1 (2) by inserting after paragraph (4) the fol2 lowing new paragraphs: 

3 ‘‘(5) commits a felony crime of violence; or 

4 ‘‘(6) commits a crime of violence against, or an 

5 offense that consists of or is intended to facilitate 

6 unlawful sexual contact (as defined in section 2246) 

7 with, a person who has not attained the age of 16 

8 years;’’. 

9 SEC. 8. STANDARDIZATION OF INFORMATION IN NATIONAL 

10 SEX OFFENDER REGISTRY. 

11 (a) STANDARDIZATION REQUIRED.—The Attorney 

12 General shall prescribe regulations that specify the fields 

13 of information used in the National Sex Offender Reg14 istry. The Attorney General shall ensure that each State 

15 or other entity that provides information to the National 

16 Sex Offender Registry provides, to the maximum extent 

17 practicable, all the information specified in the regula18 tions. 

19 (b) REPORT.—Not later than 120 days after the date 

20 of the enactment of this Act, the Attorney General shall 

21 submit to Congress a report on the regulations required 

22 by subsection (a). 
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1 SEC. 9. FORFEITURE OF PROPERTY BY PERSONS CON2 VICTED OF TRAFFICKING IN PERSONS. 

3 (a) IN GENERAL.—Chapter 117 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 2428. Forfeiture 

7 ‘‘(a) FORFEITURE REQUIRED.—The court, in impos8 ing sentence on any person convicted of a violation of this 

9 chapter, shall order, in addition to any other sentence im10 posed and irrespective of any provision of State law, that 

11 such person shall forfeit to the United States— 

12 ‘‘(1) such person’s interest in any property, real 

13 or personal, that was used or intended to be used to 

14 commit or to facilitate the commission of such viola15 tion; and 

16 ‘‘(2) any property, real or personal, constituting 

17 or derived from, any proceeds that such person ob18 tained, directly or indirectly, as a result of such vio19 lation. 

20 ‘‘(b) PROPERTY SUBJECT TO FORFEITURE.— 

21 ‘‘(1) IN GENERAL.—The following shall be sub22 ject to forfeiture to the United States and no prop23 erty right shall exist in them: 

24 ‘‘(A) Any property, real or personal, used 

25 or intended to be used to commit or to facilitate 

26 the commission of any violation of this chapter. 
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1 ‘‘(B) Any property, real or personal, which 

2 constitutes or is derived from proceeds traceable 

3 to any violation of this chapter. 

4 ‘‘(2) RELATIONSHIP TO CHAPTER 46.—The pro5 visions of chapter 46 of this title relating to civil for6 feitures shall extend to any seizure or civil forfeiture 

7 under this subsection.’’. 

8 (b) TECHNICAL AMENDMENT.—The chapter analysis 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘2428. Forfeiture.’’. 

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