I 
109TH CONGRESS 
1ST SESSION H. R. 2388
To amend title 18, United States Code, to provide assured punishment for 
violent crimes against children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2005
Mr. GREEN of Wisconsin introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide assured 
punishment for violent crimes against children, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevention and Deter-
rence of Crimes Against Children Act of 2005’’. 
SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES 
AGAINST CHILDREN. 
(a) SPECIAL SENTENCING RULE.—Subsection (d) of 
section 3559 of title 18, United States Code, is amended 
to read as follows:
‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON-
MENT
FOR VIOLENT CRIMES AGAINST CHILDREN.—A 
person who is convicted of a Federal crime of violence 
against the person of an individual who has not attained 
the age of 18 years shall, unless a greater mandatory min-
imum sentence of imprisonment is otherwise provided by 
law and regardless of any maximum term of imprisonment 
otherwise provided for the offense—
‘‘(1) if the crime of violence results in the death 
of a person who has not attained the age of 18 
years, be sentenced to death or life in prison; 
‘‘(2) if the crime of violence is a kidnapping, 
sexual assault, or maiming, or results in serious bod-
ily injury (as defined in section 1365) be imprisoned 
for life or any term of years not less than 30; 
‘‘(3) if the crime of violence results in bodily in-
jury (as defined in section 1365), be imprisoned for 
life or for any term of years not less than 20; 
‘‘(4) if a dangerous weapon was used during 
and in relation to the crime of violence, be impris-
oned for life or for any term of years not less than 
15; and 
‘‘(5) in any other case, be imprisoned for life or 
for any term of years not less than 10.’’.
SEC. 3. ENSURING FAIR AND EXPEDITIOUS FEDERAL COL-
LATERAL 
REVIEW 
OF 
CONVICTIONS 
FOR 
KILLING A CHILD. 
(a) LIMITS ON CASES.—Section 2254 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(j)(1) A court, justice, or judge shall not have juris-
diction to consider any claim relating to the judgment or 
sentence in an application described under paragraph (2), 
unless the applicant shows that the claim qualifies for con-
sideration on the grounds described in subsection (e)(2). 
Any such application that is presented to a court, justice, 
or judge other than a district court shall be transferred 
to the appropriate district court for consideration or dis-
missal in conformity with this subsection, except that a 
court of appeals panel must authorize any second or suc-
cessive application in conformity with section 2244 before 
any consideration by the district court. 
‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody 
pursuant to the judgment of a State court for a crime 
that involved the killing of a individual who has not at-
tained the age of 18 years. 
‘‘(3) For an application described in paragraph (2), 
the following requirements shall apply in the district court:
‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due. 
‘‘(C) Any evidentiary hearing shall be—
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is 
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may