[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2146 Reported in House (RH)]






                                                 Union Calendar No. 216
107th CONGRESS
  2d Session
                                H. R. 2146

                          [Report No. 107-373]

      To amend title 18 of the United States Code to provide life 
   imprisonment for repeat offenders who commit sex offenses against 
                               children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2001

Mr. Green of Wisconsin (for himself, Mr. Shimkus, Mr. Shows, Mr. Frost, 
  Mr. Duncan, Mr. Lipinski, Mr. Cramer, Mr. Smith of New Jersey, Mr. 
 Terry, Mr. Calvert, Ms. Hart, Mr. Oxley, Mr. Hayworth, Mr. Sessions, 
Mr. Nethercutt, Mr. Gilchrest, Mrs. Kelly, Mr. Pitts, Mr. Ney, Mr. Gary 
  G. Miller of California, Mr. Petri, Mr. English, Mr. Jones of North 
    Carolina, Mr. Royce, Mr. Watkins of Oklahoma, and Mr. Sweeney) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             March 12, 2002

 Additional sponsors: Mr. Ryun of Kansas, Mr. Simmons, Mr. Keller, Mr. 
             Chabot, Mr. Lucas of Kentucky, and Mr. Grucci

                             March 12, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               13, 2001]

_______________________________________________________________________

                                 A BILL


 
      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--
                            ``(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 sexual contact), 2245 
                        (relating to sexual abuse resulting in death), 
                        or 2251A (relating to selling or buying of 
                        children); or
                            ``(ii) an offense under section 2423(a) 
                        (relating to transportation of minors) 
                        involving prostitution or sexual activity 
                        constituting 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 applicable 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 
                        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 `prior sex conviction' means a 
                conviction for which the sentence was imposed 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. 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.




                                                 Union Calendar No. 216

107th CONGRESS

  2d Session

                               H. R. 2146

                          [Report No. 107-373]

_______________________________________________________________________

                                 A BILL

      To amend title 18 of the United States Code to provide life 
   imprisonment for repeat offenders who commit sex offenses against 
                               children.

_______________________________________________________________________

                             March 12, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed