II

104TH CONGRESS

2D SESSION S. 1985

To increase penalties for sex offenses against children.

IN THE SENATE OF THE UNITED STATES

JULY 24, 1996

Mrs. FEINSTEIN (for herself and Mrs. HUTCHISON) introduced the following

bill; which was read twice and 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’’; and

5 (3) by adding at the end the following: ‘‘If the

6 defendant has previously been convicted of another

7 Federal offense under this subsection or under sec8 tion 2243(a), or of a State offense that would have

9 been an offense under either such provision had the

10 offense occurred in a Federal prison, unless the

11 death penalty is imposed, the defendant shall be sen12 tenced to life in prison.’’.

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

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

15 (1) by inserting ‘‘whoever in interstate or for16 eign commerce or’’ before ‘‘in the special’’;

17 (2) by inserting ‘‘crosses a State line with in18 tent to engage in a sexual act with a person who,

19 or’’ after ‘‘Whoever’’; and

20 (3) by adding at the end the following: ‘‘If the

21 defendant has previously been convicted of another

22 Federal offense under this subsection or under sec23 tion 2241(c), or of a State offense that would have

24 been an offense under either such provision had the

25 offense occurred in a Federal prison, unless the
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1 death penalty is imposed, the defendant shall be sen2 tenced to life in prison.’’.

3 SEC. 3. CONDITION FOR BYRNE GRANTS.

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

5 Law Enforcement Act of 1994 is amended—

6 (1) by redesignating subparagraph (B) as sub7 paragraph (C); and

8 (2) inserting after subparagraph (A) the follow9 ing:

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

11 available under part E of title I of the Omnibus

12 Crime Control and Safe Streets Act of 1968 by

13 10 percent, a State shall, on the first day of

14 each fiscal year beginning 2 years after the date

15 of the enactment of the Amber Hagerman Child

16 Protection Act of 1996, have in effect through17 out the State in such fiscal year a law which re18 quires a court to sentence a defendant in a

19 State prosecution who is convicted of an offense

20 that would have been an offense if such offense

21 occurred in a Federal prison under section

22 2241(c) or 2243(a) of title 18, United States

23 Code, and who has previously been convicted for

24 such an offense to life in prison without the

25 possibility of parole.’’.
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1 SEC. 4. RELEASE OF REGISTRATION INFORMATION.

2 Section 170101 of the Violent Crime Control and

3 Law Enforcement Act of 1994 is amended by adding at

4 the end the following:

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

6 of Investigation shall maintain a separate data base for

7 information submitted to the Bureau under this section

8 and make that data base accessible to appropriate State

9 law enforcement officials. The Bureau shall inform appro10 priate local law enforcement officials on each occasion that

11 a person registered under this section changes registration

12 to that locality.’’.

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