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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2146 Referred in Senate (RFS)]

  2d Session
                                H. R. 2146

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2002

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
      To amend title 18 of the United States Code to provide life 
   imprisonment for repeat offenders who commit sex offenses against 
                               children.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Two Strikes and You're Out Child 
Protection Act''.

SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST 
              CHILDREN.

    Section 3559 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against 
Children.--
            ``(1) In general.--A person who is convicted of a Federal 
        sex offense in which a minor is the victim shall be sentenced 
        to life imprisonment if the person has a prior sex conviction 
        in which a minor was the victim, unless the sentence of death 
        is imposed.
            ``(2) Definitions.--For the purposes of this subsection--
                    ``(A) the term `Federal sex offense' means--
                            ``(i) an offense under section 2241 
                        (relating to aggravated sexual abuse), 2242 
                        (relating to sexual abuse), 2243(a) (relating 
                        to sexual abuse of a minor), 2244(a)(1) or (2) 
                        (relating to abusive sexual contact), 2245 
                        (relating to sexual abuse resulting in death), 
                        or 2251A (relating to selling or buying of 
                        children); or
                            ``(ii) an offense under section 2423(a) 
                        (relating to transportation of minors) 
                        involving prostitution or sexual activity 
                        constituting a State sex offense;
                    ``(B) the term `State sex offense' means an offense 
                under State law that consists of conduct that would be 
                a Federal sex offense if, to the extent or in the 
                manner specified in the applicable provision of this 
                title--
                            ``(i) the offense involved interstate or 
                        foreign commerce, or the use of the mails; or
                            ``(ii) the conduct occurred in any 
                        commonwealth, territory, or possession of the 
                        United States, within the special maritime and 
                        territorial jurisdiction of the United States, 
                        in a Federal prison, on any land or building 
                        owned by, leased to, or otherwise used by or 
                        under the control of the Government of the 
                        United States, or in the Indian country (as 
                        defined in section 1151);
                    ``(C) the term `prior sex conviction' means a 
                conviction for which the sentence was imposed before 
                the conduct occurred constituting the subsequent 
                Federal sex offense, and which was for a Federal sex 
                offense or a State sex offense;
                    ``(D) the term `minor' means an individual who has 
                not attained the age of 17 years; and
                    ``(E) the term `State' has the meaning given that 
                term in subsection (c)(2).''.

SEC. 3. STUDY OF IMPACT OF LEGISLATION.

    (a) In each case in which a life sentence is imposed under section 
3559(e), the judge shall make and transmit to the Administrative Office 
of the United States Courts findings with regard to each of the 
following:
            (1) The applicable range under the Federal Sentencing 
        Guidelines if the statutory minimum life sentence had not 
        applied.
            (2) The sentence that the court would have imposed on the 
        defendant if the statutory minimum life sentence had not 
        applied, in light of the nature and circumstances of the 
        offense, the history and characteristics of the defendant, and 
        the other factors set forth in section 3553(a).
            (3) The race, gender, age, and ethnicity of the victim and 
        defendant.
            (4) The reason for the Government's decision to prosecute 
        this defendant in Federal court instead of deferring to 
        prosecution in State or tribal court, and the criteria used by 
        the Government to make that decision in this and other cases.
            (5) The projected cost to the Federal Government of the 
        life sentence, taking into account capital and operating costs 
        associated with imprisonment.
    (b) To assist the court to make the findings required in 
subsections (a)(4) and (a)(5), the Government attorney shall state on 
the record such information as the court deems necessary to make such 
findings, including cost data provided by the Bureau of Prisons. In 
making the required findings, the court shall not be bound by the 
information provided by the Government attorney.
    (c) The Administrative Office of the United States Courts shall 
annually compile and report the findings made under subsection (a) to 
the Congress.

SEC. 4. CONFORMING AMENDMENT.

    Sections 2247 and 2426 of title 18, United States Code, are each 
amended by inserting ``, unless section 3559(e) applies'' before the 
final period.

            Passed the House of Representatives March 14, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```