I

106TH CONGRESS

1ST SESSION H. R. 1989

To amend title 18 of the United States Code to provide life imprisonment

for repeat offenders who commit sex offenses against children.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1999

Mr. GREEN of Wisconsin (for himself, Mr. ARMEY, Mr. GARY MILLER of California, Mr. SHIMKUS, Mr. SHOWS, Mr. FOLEY, Mr. TAYLOR of Mississippi, Mr. ENGLISH, and Mr. NEY) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To amend title 18 of the United States Code to provide

life imprisonment for repeat offenders who commit 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 ‘‘Two Strikes and

5 You’re Out Child Protection Act of 1999.’’
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1 SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT

2 SEX OFFENSES AGAINST CHILDREN.

3 Section 3559 of title 18, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE7 PEATED SEX OFFENSES AGAINST CHILDREN.—

8 ‘‘(1) IN GENERAL.—A person who is convicted

9 of a Federal sex offense in which a minor is the vic10 tim shall be sentenced to life imprisonment if the

11 person has a prior sex conviction in which a minor

12 was the victim, unless the sentence of death is im13 posed.

14 ‘‘(2) DEFINITIONS.—For the purposes of this

15 subsection—

16 ‘‘(A) the term ‘Federal sex offense’ means

17 an offense under section 2241 (relating to ag18 gravated sexual abuse), 2242 (relating to sexual

19 abuse), 2243 (relating to sexual abuse of a

20 minor or ward), 2244 (relating to abusive sex21 ual contact), 2245 (relating to sexual abuse re22 sulting in death), 2251 (relating to sexual ex23 ploitation of children), 2251A (relating to sell24 ing or buying of children), 2252 (relating to

25 sexually exploitative material), 2252A (relating

26 to child pornographic material), 2422 (relating
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1 to coercion and enticement), or 2423 (relating

2 to transportation of minors);

3 ‘‘(B) the term ‘prior sex conviction’ means

4 a conviction for which the sentence was imposed

5 before the conduct occurred forming the basis

6 for the subsequent Federal sex offense, and

7 which was for either—

8 ‘‘(i) a Federal sex offense; or

9 ‘‘(ii) an offense under State law con10 sisting of conduct that would have been a

11 Federal sex offense if, to the extent or in

12 the manner specified in the applicable pro13 vision of title 18—

14 ‘‘(I) the offense involved inter15 state or foreign commerce, or the use

16 of the mails; or

17 ‘‘(II) the conduct occurred in any

18 commonwealth, territory, or posses19 sion of the United States, within the

20 special maritime and territorial juris21 diction of the United States, in a Fed22 eral prison, on any land or building

23 owned by, leased to, or otherwise used

24 by or under the control of the Govern25 ment of the United States, or in the
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1 Indian country as defined in section

2 1151;

3 ‘‘(C) the term ‘minor’ means any person

4 under the age of 18 years; and

5 ‘‘(D) the term ‘State’ means a State of the

6 United States, the District of Columbia, and

7 any commonwealth, territory, or possession of

8 the United States.’’.

9 SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMEND10 MENTS.

11 (a) SECTION 2247.—Section 2247 of title 18, United

12 States Code, is amended by inserting ‘‘, unless section

13 3559(e) applies’’ before the final period.

14 (b) SECTION 2251.—The first sentence of section

15 2251(d) of title 18, United States Code, is amended by

16 striking the first occurrence of ‘‘, but if’’ and all that fol17 lows through ‘‘nor more than life’’.

18 (c) SECTION 2252.—

19 (1) Section 2252(b)(1) of title 18, United

20 States Code, is amended by striking ‘‘, but if’’ and

21 all that follows through ‘‘30 years’’.

22 (2) Section 2252(b)(2) of title 18, United

23 States Code, is amended by striking ‘‘, but if’’ and

24 all that follows through ‘‘10 years’’.

25 (d) SECTION 2252A.—
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1 (1) Section 2252A(b)(1) of title 18, United

2 States Code, is amended by striking ‘‘, but, if’’ and

3 all that follows through ‘‘30 years’’.

4 (2) Section 2252A(b)(2) of title 18, United

5 States Code, is amended by striking ‘‘, but, if’’ and

6 all that follows through ‘‘10 years’’.

7 (e) SECTION 2426.—Section 2426 of title 18, United

8 States Code, is amended by inserting ‘‘, unless section

9 3559(e) applies’’ before the final period.

10 (f) TECHNICAL AMENDMENTS.—Sections 2252(c)(1)

11 and 2252A(d)(1) of title 18, United States Code, are each

12 amended by striking ‘‘less than three’’ and inserting

13 ‘‘fewer than 3’’.

Æ