I

104TH CONGRESS

2D SESSION H. R. 3180

To increase penalties for sex offenses against children.

IN THE HOUSE OF REPRESENTATIVES

MARCH 28, 1996

Mr. FROST introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To increase penalties for sex offenses against children.

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 the ‘‘Amber Hagerman

5 Child Protection Act of 1996’’.

6 SEC. 2. INCREASED PENALTIES FOR FEDERAL SEX OF7 FENSES AGAINST CHILDREN.

8 (a) AGGRAVATED SEXUAL ABUSE OF A MINOR.—

9 Section 2241(c) of title 18, United States Code, is amend10 ed—

11 (1) by inserting ‘‘whoever in interstate or for12 eign commerce or’’ before ‘‘in the special’’;
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1 (2) by inserting ‘‘crosses a State line with in2 tent to engage in a sexual act with a person who has

3 not attained the age of 12 years, or’’ after ‘‘Who4 ever’’;

5 (3) by inserting ‘‘, and may be sentenced to

6 death if the defendant kills the victim’’ before the

7 period at the end; and

8 (4) by adding at the end the following: ‘‘If the

9 defendant has previously been convicted of another

10 Federal offense under this subsection or under sec11 tion 2243(a), or of a State offense that would have

12 been an offense under either such provision had the

13 offense occurred in a Federal prison, unless the

14 death penalty is imposed, the defendant shall be sen15 tenced to life in prison.’’.

16 (b) SEXUAL ABUSE OF A MINOR.—Section 2243(a)

17 of title 18, United States Code, is amended—

18 (1) by inserting ‘‘whoever in interstate or for19 eign commerce or’’ before ‘‘in the special’’;

20 (2) by inserting ‘‘crosses a State line with in21 tent to engage in a sexual act with a person who,

22 or’’ after ‘‘Whoever’’;

23 (3) by inserting ‘‘, and may be sentenced to

24 death if the defendant kills the victim’’ before the

25 period at the end; and
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1 (4) by adding at the end the following: ‘‘If the

2 defendant has previously been convicted of another

3 Federal offense under this subsection or under sec4 tion 2241(c), or of a State offense that would have

5 been an offense under either such provision had the

6 offense occurred in a Federal prison, unless the

7 death penalty is imposed, the defendant shall be sen8 tenced to life in prison.’’.

9 SEC. 3. CONDITION FOR BYRNE GRANTS.

10 Section 170101(f) of the Violent Crime Control and

11 Law Enforcement Act of 1994 is amended—

12 (1) by redesignating subparagraph (B) as sub13 paragraph (C); and

14 (2) inserting after subparagraph (A) the follow15 ing:

16 ‘‘(B) In order not to reduce the funds

17 available under part E of title I of the Omnibus

18 Crime Control and Safe Streets Act of 1968 by

19 10 percent, a State shall, on the first day of

20 each fiscal year beginning 2 years after the date

21 of the enactment of the Act, have in effect

22 throughout the State in such fiscal year a law

23 which requires a court to sentence a defendant

24 in a State prosecution who is convicted of an

25 offense that would have been an offense if such
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1 offense occurred in a Federal prison under sec2 tion 2241(c) or 2243(a) of title 18, United

3 States Code, and who has previously been con4 victed for such an offense to life in prison with5 out the possibility of parole.’’.

6 SEC. 4. RELEASE OF REGISTRATION INFORMATION.

7 Section 170101 of the Violent Crime Control and

8 Law Enforcement Act of 1994 is amended—

9 (1) in subsection (b)(2), by striking ‘‘conviction

10 data and fingerprints’’ and inserting ‘‘information’’;

11 (2) in subsection (d)—

12 (A) by striking ‘‘and’’ at the end of para13 graph (2);

14 (B) by inserting after paragraph (2) the

15 following:

16 ‘‘(3) such information shall be transmitted to

17 the Federal Bureau of Investigation; and’’;

18 (C) by redesignating paragraph (3) as

19 paragraph (4); and

20 (D) in paragraph (4) (as redesignated), by

21 striking ‘‘may release’’ and inserting ‘‘shall re22 lease’’; and

23 (3) by adding at the end the following:

24 ‘‘(g) SEPARATE DATA BASE.—The Federal Bureau

25 of Investigation shall maintain a separate data base for
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1 information submitted to the Bureau under this section

2 and make that data base accessible to appropriate State

3 law enforcement officials. The Bureau shall inform appro4 priate local law enforcement officials on each occasion that

5 a person registered under this section changes registration

6 to that locality.’’.

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