IIB

107TH CONGRESS

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 2146 RFS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Two Strikes and

3 You’re Out Child Protection Act’’.

4 SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT

5 SEX OFFENDERS AGAINST CHILDREN.

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

7 amended by adding at the end the following new sub8 section:

9 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE10 PEATED SEX OFFENSES AGAINST CHILDREN.—

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

12 of a Federal sex offense in which a minor is the vic13 tim shall be sentenced to life imprisonment if the

14 person has a prior sex conviction in which a minor

15 was the victim, unless the sentence of death is im16 posed.

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

18 subsection—

19 ‘‘(A) the term ‘Federal sex offense’

20 means—

21 ‘‘(i) an offense under section 2241

22 (relating to aggravated sexual abuse),

23 2242 (relating to sexual abuse), 2243(a)

24 (relating to sexual abuse of a minor),

25 2244(a)(1) or (2) (relating to abusive sex26 ual contact), 2245 (relating to sexual
3

HR 2146 RFS

1 abuse resulting in death), or 2251A (relat2 ing to selling or buying of children); or

3 ‘‘(ii) an offense under section 2423(a)

4 (relating to transportation of minors) in5 volving prostitution or sexual activity con6 stituting a State sex offense;

7 ‘‘(B) the term ‘State sex offense’ means an

8 offense under State law that consists of conduct

9 that would be a Federal sex offense if, to the

10 extent or in the manner specified in the applica11 ble provision of this title—

12 ‘‘(i) the offense involved interstate or

13 foreign commerce, or the use of the mails;

14 or

15 ‘‘(ii) the conduct occurred in any com16 monwealth, territory, or possession of the

17 United States, within the special maritime

18 and territorial jurisdiction of the United

19 States, in a Federal prison, on any land or

20 building owned by, leased to, or otherwise

21 used by or under the control of the Gov22 ernment of the United States, or in the In23 dian country (as defined in section 1151);

24 ‘‘(C) the term ‘prior sex conviction’ means

25 a conviction for which the sentence was imposed
4

HR 2146 RFS

1 before the conduct occurred constituting the

2 subsequent Federal sex offense, and which was

3 for a Federal sex offense or a State sex offense;

4 ‘‘(D) the term ‘minor’ means an individual

5 who has not attained the age of 17 years; and

6 ‘‘(E) the term ‘State’ has the meaning

7 given that term in subsection (c)(2).’’.

8 SEC. 3. STUDY OF IMPACT OF LEGISLATION.

9 (a) In each case in which a life sentence is imposed

10 under section 3559(e), the judge shall make and transmit

11 to the Administrative Office of the United States Courts

12 findings with regard to each of the following:

13 (1) The applicable range under the Federal

14 Sentencing Guidelines if the statutory minimum life

15 sentence had not applied.

16 (2) The sentence that the court would have im17 posed on the defendant if the statutory minimum life

18 sentence had not applied, in light of the nature and

19 circumstances of the offense, the history and charac20 teristics of the defendant, and the other factors set

21 forth in section 3553(a).

22 (3) The race, gender, age, and ethnicity of the

23 victim and defendant.

24 (4) The reason for the Government’s decision to

25 prosecute this defendant in Federal court instead of
5

HR 2146 RFS

1 deferring to prosecution in State or tribal court, and

2 the criteria used by the Government to make that

3 decision in this and other cases.

4 (5) The projected cost to the Federal Govern5 ment of the life sentence, taking into account capital

6 and operating costs associated with imprisonment.

7 (b) To assist the court to make the findings required

8 in subsections (a)(4) and (a)(5), the Government attorney

9 shall state on the record such information as the court

10 deems necessary to make such findings, including cost

11 data provided by the Bureau of Prisons. In making the

12 required findings, the court shall not be bound by the in13 formation provided by the Government attorney.

14 (c) The Administrative Office of the United States

15 Courts shall annually compile and report the findings

16 made under subsection (a) to the Congress.

17 SEC. 4. CONFORMING AMENDMENT.

18 Sections 2247 and 2426 of title 18, United States

19 Code, are each amended by inserting ‘‘, unless section

20 3559(e) applies’’ before the final period.

Passed the House of Representatives March 14,

2002.

Attest: JEFF TRANDAHL,

Clerk.