I
105TH CONGRESS
2D SESSION
H. R. 4258
To penalize States that release individuals convicted of murder, rape, or
a dangerous sexual offense involving a child under the age of 14.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1998
Mr. SALMON (for himself, Mr. SCARBOROUGH, Mr. LIVINGSTON, Mr. GILMAN,
Mr. TRAFICANT, Mr. ENGLISH of Pennsylvania, Mr. SMITH of New Jer-
sey, Mr. RILEY, Mr. WELDON of Pennsylvania, Mr. PAPPAS, Mr.
HILLEARY, Mr. HAYWORTH, Mr. LOBIONDO, Mr. SAXTON, Mr. BOB
SCHAFFER of Colorado, Mr. PITTS, Mr. BARTLETT of Maryland, Mr.
NEUMANN, Mr. KING, Mr. ENSIGN, Mr. FOX of Pennsylvania, Mr.
FOLEY, 
Mr. 
MCHALE, 
Mr. 
CHRISTENSEN, 
Mr. 
WELLER, 
Mr.
CUNNINGHAM, and Mrs. FOWLER) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To penalize States that release individuals convicted of mur-
der, rape, or a dangerous sexual offense involving a
child under the age of 14.
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 ‘‘No Second Chances
for Murderers, Rapists, or Child Molesters Act of 1998’’.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) any individual convicted of murder should
receive the death penalty or be imprisoned for life
without the possibility of parole; and
(2) any individual convicted of rape or a dan-
gerous sexual offense involving a child under the age
of 14 should be imprisoned for life without the possi-
bility of parole.
SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN
FELONS.
(a) PENALTY.—
(1) IN GENERAL.—In a case in which a State
convicts a person of murder, rape, or a dangerous
sexual offense, who has a prior conviction for one of
these offenses in another State, the Attorney Gen-
eral shall administer the transfer of the following
amounts from Federal law enforcement assistance
funds of the State that convicted such person of the
first offense:
(A) Up to $100,000 shall be transferred to
each victim (or if the victim is deceased, the
victim’s estate) of the subsequent offense.
(B) The cost of incarceration, prosecution,
and apprehension of such person shall be trans-
ferred to the State that convicted of a subse-
quent offense. Half of the amounts transferred
shall be paid to the State entity designated to
administer crime victim assistance, and half
shall be deposited in a State account that col-
lects Federal law enforcement funds.
(2) MULTIPLE STATES.—In a case in which a
State convicts a person of murder, rape, or a dan-
gerous sexual offense, who has a prior conviction for
one of these offenses in more than one State, the At-
torney General shall administer the transfer of the
following amounts from Federal law enforcement as-
sistance funds of each State that convicted of a prior
offense:
(A) Up to $100,000 shall be apportioned
equally among the States that convicted of prior
offenses and transferred to each victim (or if
the victim is deceased, the victim’s estate) of
the subsequent offense.
(B) The cost of incarceration, prosecution,
and apprehension of such person shall be ap-
portioned equally among the States that con-
victed of prior offenses and transferred to the
State that convicted of a subsequent offense.
Half of the amounts transferred shall be paid
to the State entity designated to administer
crime victim assistance, and half shall be depos-
ited in a State account that collects Federal law
enforcement funds.
(b) STATE APPLICATIONS.—To receive funds under
this section, the chief executive of a State shall submit
an application to the Attorney General in such form and
containing such information as the Attorney General may
reasonably require, including a certification that the State
has convicted a person of murder, rape, or a dangerous
sexual offense, who has a prior conviction for one of these
offenses in another State.
(c) SOURCE OF FUNDS.—Any amount transferred as
a result of subsection (a) shall be derived by reducing
funds from Federal law enforcement assistance programs
received by the State that convicted of the first offense.
The Attorney General, in consultation with the chief exec-
utive of the State that convicted of the first offense, shall
develop a payment schedule.
(d) CONSTRUCTION.—This section shall not be con-
strued to diminish or modify any court ordered restitution.
SEC. 4. UNITED STATES SENTENCING COMMISSION.
The United States Sentencing Commission shall
amend the Federal Sentencing Guidelines to provide
that—
(1) whoever is guilty of murder, as defined in
section 6 of this Act, shall be punished by death or
by imprisonment for life; and
(2) whoever is guilty of rape or a dangerous
sexual offense, as defined in section 6 of this Act,
shall be punished by imprisonment for life.
SEC. 5. COLLECTION OF RECIDIVISM DATA.
Pursuant to guidelines established in the Uniform
Federal Crime Reporting Act of 1988 (Public Law 100–
690), the Attorney General shall collect and distribute
data to the President, Members of the Congress, State
governments, and officials of localities and penal and other
institutions participating in the Uniform Crime Reports
program which includes—
(1) the number of murders, rapes, and dan-
gerous sexual offenses committed by persons pre-
viously convicted of one of these offenses; and
(2) the percentage of cases in which a person
convicted of murder, rape, or a dangerous sexual of-
fense in one State commits a second offense in an-
other State.
SEC. 6. DEFINITIONS.
For purposes of this Act—