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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 sub-
section:
‘‘(e) MANDATORY LIFE IMPRISONMENT
FOR RE-
PEATED SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted
of a Federal sex offense in which a minor is the vic-
tim 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 im-
posed.
‘‘(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 sex-
ual contact), 2245 (relating to sexual
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abuse resulting in death), or 2251A (relat-
ing to selling or buying of children); or
‘‘(ii) an offense under section 2423(a)
(relating to transportation of minors) in-
volving prostitution or sexual activity con-
stituting 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 applica-
ble 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 com-
monwealth, 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 Gov-
ernment of the United States, or in the In-
dian country (as defined in section 1151);
‘‘(C) the term ‘prior sex conviction’ means
a conviction for which the sentence was imposed
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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 im-
posed 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 charac-
teristics 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
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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 Govern-
ment 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 in-
formation 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.