[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4047 Referred in Senate (RFS)]







106th CONGRESS
  2d Session
                                H. R. 4047


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2000

    Received; read twice and referred to the Committee on 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 Representatives of the 
United States of America in Congress assembled,

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 subsection:
    ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against 
Children.--
            ``(1) In general.--A person who is convicted of a Federal 
        sex offense in which a minor is the victim 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 imposed.
            ``(2) Definitions.--For the purposes of this subsection--
                    ``(A) the term `Federal sex offense' means an 
                offense under section 2241 (relating to aggravated 
                sexual abuse); 2242 (relating to sexual abuse); 2243 
                (relating to sexual abuse of a minor or ward); 2244 
                (relating to abusive sexual contact); 2245 (relating to 
                sexual abuse resulting in death); or 2251A (relating to 
                selling or buying of children); or an offense under 
                section 2423 (relating to transportation of minors) 
                involving the transportation of, or the engagement in a 
                sexual act with, an individual who has not attained 16 
                years of age;
                    ``(B) the term `prior sex conviction' means a 
                conviction for which the sentence was imposed before 
                the conduct occurred forming the basis for the 
                subsequent Federal sex offense, and which was for 
                either--
                            ``(i) a Federal sex offense; or
                            ``(ii) an offense under State law 
                        consisting of conduct that would have been a 
                        Federal sex offense if, to the extent or in the 
                        manner specified in the applicable provision of 
                        title 18--
                                    ``(I) the offense involved 
                                interstate or foreign commerce, or the 
                                use of the mails; or
                                    ``(II) the conduct occurred in any 
                                commonwealth, 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 
                                Government of the United States, or in 
                                the Indian country as defined in 
                                section 1151;
                    ``(C) the term `minor' means any person under the 
                age of 18 years; and
                    ``(D) the term `State' means a State of the United 
                States, the District of Columbia, and any commonwealth, 
                territory, or possession of the United States.''.

SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Section 2247.--Section 2247 of title 18, United States Code, is 
amended by inserting ``, unless section 3559(e) applies'' before the 
final period.
    (b) Section 2426.--Section 2426 of title 18, United States Code, is 
amended by inserting ``, unless section 3559(e) applies'' before the 
final period.
    (c) Technical Amendments.--Sections 2252(c)(1) and 2252A(d)(1) of 
title 18, United States Code, are each amended by striking ``less than 
three'' and inserting ``fewer than 3''.

            Passed the House of Representatives July 25, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.