(1) rape and sexual assaults continue to be seri-
ous threats to the safety of communities across
America;
(2) sexual offenders are much more likely than
any other category of criminals to repeat their
crimes again and again, even after serving time in
prison;
(3) the average rape sentence is just 101⁄2
years, and the average time served is half of that,
approximately 5 years; and
(4) repeat sexual offenders frequently strike in
more than one State and, while States have primary
responsibility for the prosecution of sexual offenders,
the option of Federal prosecution provides a needed
additional tool to safeguard communities victimized
by these individuals.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) States should more seriously consider the
relatively high recidivism rate of sexual offenders
when deciding whether to plea bargain with a first-
time sexual offender and whether to grant parole to
sexual offenders; and
(2) States should review their treatment and
parole supervision programs for sexual offenders to
assure that these programs are fulfilling their goals,
and, if they are not, these programs should be im-
mediately replaced or abandoned.
SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL
ASSAULT CASES.
Section 2241 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(e) PUNISHMENT FOR SEXUAL PREDATORS.—(1)
Whoever, in a circumstance described in paragraph (2) of
this subsection—
‘‘(A) violates this section; or
‘‘(B) engages in conduct that would violate this
section, if the conduct had occurred in the special
maritime and territorial jurisdiction of the United
States, and—
‘‘(i) that conduct is in interstate or foreign
commerce;
‘‘(ii) the person engaging in that conduct
crossed a State line with intent to engage in the
conduct; or
‘‘(iii) the person engaging in that conduct
thereafter engages in conduct that is a violation
of section 1073(1) with respect to an offense
that consists of the conduct so engaged in;
shall be imprisoned for life.
‘‘(2) The circumstance referred to in paragraph (1)
of this subsection is that the defendant has previously
been convicted of another State or Federal offense for con-
duct which—
‘‘(A) is an offense under this section or section
2242 of this title; or
‘‘(B) would have been an offense under either
of such sections if the offense had occurred in the
special maritime or territorial jurisdiction of the
United States.’’.
SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENC-
ING GRANTS.
Section 20104 of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the
end the following:
‘‘(c) ADDITIONAL REQUIREMENT.—A State is not eli-
gible for a grant under this section unless such State has
provided assurances to the Attorney General that such
State has in effect laws which allow the court to impose
a sentence of life in prison without parole on a defendant
in a criminal case who is convicted of a State offense for
conduct that—
‘‘(1) is an offense under section 2241 or 2242
of title 18, United States Code; or
‘‘(2) would have been an offense under either of
such sections if the offense had occurred in the spe-
cial maritime or territorial jurisdiction of the United
States;
after having previously been convicted of another State or
Federal offense for conduct that was an offense described
in paragraph (1) or (2).’’.
SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS.
The National Institute of Justice, either directly or
through grant, shall carry out a study of persistent sexual
predators. Not later than one year after the date of the
enactment of this Act, such Institute shall report to Con-
gress and the President the results of such study. Such
report shall include—
(1) a synthesis of current research in psychol-
ogy, sociology, law, criminal justice, and other fields
regarding persistent sexual offenders, including—
(A) common characteristics of such offend-
ers;
(B) recidivism rates for such offenders;
(C) treatment techniques and their effec-
tiveness;
(D) responses of offenders to treatment
and deterrence; and
(E) the possibility of early intervention to
prevent people from becoming sexual predators;
and
(2) an agenda for future research in this area.
Æ