[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5397 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5397

                 To protect our children from violence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2002

  Mr. Foley (for himself, Mr. Lampson, and Mr. Regula) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Transportation and Infrastructure, 
   and Education and the Workforce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
                 To protect our children from violence.

    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 ``Protecting Our Children From 
Violence Act of 2002''.

SEC. 2. ASSAULT AND MAIMING.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 117. Assault against a child
    ``(a) Whoever, in a circumstance described in subsection (c) 
commits an assault upon, or maims, an individual who has not attained 
the age of 18 years shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense under subsection (a) is as 
follows:
            ``(A) Assault with the intent to commit murder of a child, 
        by imprisonment not more than 35 years.
            ``(B) Assault that consists of conduct that would be an 
        offense under section 114 if the conduct occurred in the 
        special maritime and territorial jurisdiction of the United 
        States, by a fine under this title or imprisonment for not more 
        than 30 years, or both.
            ``(C) Assault with intent to commit any felony against a 
        child, except murder or a felony under chapter 109A, by a fine 
        under this title or imprisonment for not more than 15 years, or 
        both.
            ``(D) Assault with a dangerous weapon against a child, with 
        intent to do bodily harm, and without just cause or excuse, by 
        a fine under this title or imprisonment for not more than 15 
        years, or both.
            ``(E) Assault by striking, beating, or wounding a child, by 
        a fine under this title or imprisonment of not more than 2 
        years, or both.
            ``(F) Simple assault against a child, by a fine under this 
        title or imprisonment for not more than 6 months, or both, or 
        if the perpetrator of the assault is an individual who has not 
        attained the age of 16 years, by fine under this title or 
        imprisonment of not more than 1 year, or both.
            ``(G) Assault resulting in serious bodily injury of a 
        child, by a fine under this title or imprisonment for not more 
        than 15, or both.
    ``(c) The circumstances referred to in subsection (a) are any of 
the following:
            ``(1) The conduct constituting the offense occurs within 
        the special maritime and territorial jurisdiction of the United 
        States, or in interstate or foreign commerce.
            ``(2) The person engaging in the conduct constituting the 
        offense--
                    ``(A) travels in interstate or foreign commerce 
                with the intent to commit the offense;
                    ``(B) transports a child in interstate or foreign 
                commerce; or
                    ``(C) crosses a State line, with the intent to 
                commit the offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following new item:

``117. Assault against a child.''.

SEC. 3. KIDNAPPING.

    (a) Custodial Kidnapping.--Section 1201 of title 18, United States 
Code, is amended by adding at the end the following new subsection:
    ``(i) Whoever, being a parent of a minor, unlawfully seizes, 
confines, inveigles, decoys, kidnaps, abducts, or carries away and 
holds for ransom or reward or otherwise, that minor, shall be fined 
under this title or imprisoned not more than one year, or both, but in 
the case of a second or subsequent offense shall be fined under this 
title or imprisoned not more than 10 years, or both.''.
    (b) Additional Bases for Federal Prosecution.--Section 1201(a) of 
title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by inserting ``or'' at the end of paragraph (5); and
            (3) by inserting after pargraph (5) the following:
            ``(6) the defendant travelled in interstate or foreign 
        commerce with the intent to commit the offense;''.

SEC. 4. MURDER.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder of children
    ``(a) Whoever, in a circumstance described in subsection (c), kills 
or attempts to kill an individual who has not attained the age of 18 
years shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense under subsection (a) is as 
follows:
            ``(1) If the killing is murder, the punishment provided for 
        murder in section 1111.
            ``(2) If the killing is voluntary manslaughter, a fine 
        under this title or imprisonment not more than 20 years, or 
        both.
            ``(3) If the killing is involuntary manslaughter, a fine 
        under this title or imprisonment not more than 12 years, or 
        both.
            ``(4) If the offense consists of an attempted murder or 
        manslaughter, a fine under this title or imprisonment not more 
        than 10 years, or both.
    ``(c) The circumstances referred to in subsection (a) are any of 
the following:
            ``(1) The offense occurs in the special maritime and 
        territorial jurisdiction of the United States or in interstate 
        or foreign commerce.
            ``(2) The defendant travels in interstate or foreign 
        commerce with intent to commit the offense.
            ``(3) The child is transported in interstate or foreign 
        commerce in connection with the offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1123. Murder of children.''.

SEC. 5. CIVIL ACTION.

    A victim of an offense under section 117, 1201(i), 1123, 2241(c), 
or 2243(a) of title 18, United States Code, or a parent on behalf of 
that victim, may in a civil action against the offender, obtain 
appropriate relief, including actual and punitive damages, and a 
reasonable attorney's fee as part of the costs.

SEC. 6. STATE AND LOCAL NOTIFICATION IN CHILD PORNOGRAPHY CASES.

    Section 227(b)(1) of Public Law 101-647 (42 U.S.C. 13032(b)(1)) is 
amended by adding at the end the following: ``The Center may also 
forward that report to any State or local law enforcement agency the 
Center determines appropriate.''.

SEC. 7. AMBER ALERT COORDINATION.

    (a) Coordinator.--The Attorney General shall establish an AMBER 
Alert Coordinator position (referred to in this section as ``the 
Coordinator''). The Coordinator shall--
            (1) establish, with the assistance of the National Center 
        for Missing and Exploited Children and the Federal 
        Communications Commission, guidelines for implementing a 
        statewide Amber Alert plan not later than 60 days after the 
        date of enactment of this Act;
            (2) provide technical assistance to the States, 
        broadcasters, and law enforcement agencies in implementing 
        AMBER Alert plans;
            (3) certify, not later than 90 days after a certification 
        request is received, to the Secretary of Transportation any 
        State that--
                    (A) has established or agrees to establish a 
                statewide AMBER Alert plan not later than 1 year after 
                receiving a grant under section 3;
                    (B) agrees to establish a reciprocal arrangement 
                with other States, including sharing of information 
                regarding the initiation of an AMBER Alert; and
                    (C) is in compliance with the guidelines 
                established pursuant to paragraph (1);
            (4) deny certification, not later than 90 days after a 
        certification request is received and provide notification of 
        such denial to the Secretary of Transportation, to any State 
        that fails to comply with the certification requirements 
        described in paragraph (3);
            (5) monitor compliance and revoke certification of any 
        State that fails to establish an AMBER Alert plan in accordance 
        with the 1-year period referred to in paragraph (3)(A) and 
        provide notification of such revocation to the State and the 
        Secretary of Transportation;
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2003 
and such sums as may be necessary for fiscal years 2004 through 2007. 
Such sums shall remain available until expended.

SEC. 8. GRANT PROGRAM.

    (a) Findings.--The Congress finds and declares that--
            (1) every year over 725,000 children are reported missing 
        to local, State, and Federal authorities--that is over 2,000 
        per day;
            (2) in 2002 there have been countless reports of children 
        being abducted either form their homes or in front of their 
        homes and then later killed;
            (3) one of the fundamental purposes of government is to 
        protect its people--especially its children; and
            (4) it is in the best interest of our Nation to ensure that 
        law enforcement officials and prosecutors have the tools they 
        need in order to ensure the safety of our children.
    (b) In General.--The Secretary of Transportation shall make grants 
to States to develop, acquire, install, and construct facilities and 
equipment along highways to notify the public of missing children 
(including a description of such children), information regarding any 
abductor of such children, and other relevant information.
    (c) Application.--In order to be eligible to receive a grant under 
this section, a State shall--
            (1) adhere to the requirements of this section;
            (2) apply to the Coordinator appointed under section 2 for 
        certification--
                    (A) in 2003, not later than March 1; and
                    (B) in subsequent years, not later than January 1 
                of the year in which the State expects to receive 
                funds; and
            (3) include a projection of costs to implement subsection 
        (a).
    (d) Federal Share.--The Federal share of the cost of a project for 
which a grant is made to a State under this section in a fiscal year 
shall not exceed 50 percent.
    (e) Apportionment of Funds.--Amounts appropriated to carry out this 
section shall be apportioned in equal shares to each State that meets 
the requirements of this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $99,500,000 for fiscal year 2003 
and such sums as may be necessary for each of fiscal years 2004 through 
2007. Such sums shall remain available until expended.

SEC. 9. DEFINITIONS.

    In sections 9 and 10, the following definitions apply:
            (1) Amber alert.--The term ``AMBER Alert'' (America's 
        Missing: Broadcast Emergency Response Alert) means a voluntary 
        partnership between law enforcement agencies and broadcasters 
        to activate an urgent bulletin in serious child abduction 
        cases. Broadcasters use the Emergency Alert System (EAS), 
        formerly referred to as the Emergency Broadcast System, to air 
        a description of the missing child and suspected abductor and 
        any other relevant information.
            (2) State.--The term ``State'' means each of the 50 States 
        and the District of Columbia.

SEC. 10. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 540A. National Crimes Against Children Response Center
    ``(a) Establishment.--There is established within the Federal 
Bureau of Investigation a National Crimes Against Children Response 
Center (referred to in this section as the `Center').
    ``(b) Mission.--The mission of the Center is to develop a national 
response plan model that--
            ``(1) provides a comprehensive, rapid response plan to 
        report crimes involving the victimization of children; and
            ``(2) protects children from future crimes.
    ``(c) Duties.--To carry out the mission described in subsection 
(b), the Director of the Federal Bureau of Investigation shall--
            ``(1) consult with the Deputy Assistant Attorney General 
        for the Crimes Against Children Office and other child crime 
        coordinators within the Department of Justice;
            ``(2) consolidate units within the Federal Bureau of 
        Investigation that investigate crimes against children, 
        including abductions, abuse, and sexual exploitation offenses;
            ``(3) develop a comprehensive, rapid response plan for 
        crimes involving children that incorporates resources and 
        expertise from Federal, State, and local law enforcement 
        agencies and child services professionals;
            ``(4) develop a national strategy to prevent crimes against 
        children that shall include a plan to rescue children who are 
        identified in child pornography images as victims of abuse;
            ``(5) create regional rapid response teams composed of 
        Federal, State, and local prosecutors, investigators, victim 
        witness specialists, mental health professionals, and other 
        child services professionals;
            ``(6) implement an advanced training program that will 
        enhance the ability of Federal, State, and local entities to 
        respond to reported crimes against children and protect 
        children from future crimes; and
            ``(7) conduct outreach efforts to raise awareness and 
        educate communities about crimes against children.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated for the Federal Bureau of Investigation such sums as 
necessary for fiscal year 2003 to carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 33 of title 28, United States Code, is amended by adding at the 
end the following:

``540A. National Crimes Against Children Response Center.''.

SEC. 11. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES.

    Section 3283 of title 18, United States Code, is amended by 
striking ``25 years'' and inserting ``35 years''.

SEC. 12. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION 
              CASES.

    Rule 414 of the Federal Rules of Evidence is amended--
            (1) in subsection (a), by inserting ``or possession of 
        sexually explicit materials containing apparent minors'' after 
        ``or offenses of child molestation''; and
            (2) in subsection (d), by striking ``fourteen'' and 
        inserting ``18''.

SEC. 13. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.

    (a) In General.--Chapter 119 of title 28, United States Code, is 
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
    ``The confidential marital communication privilege and the adverse 
spousal privilege shall be inapplicable in any Federal proceeding in 
which a spouse is charged with a crime against--
            ``(1) a child of either spouse; or
            ``(2) a child under the custody or control of either 
        spouse.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 28, United States Code, is amended by inserting 
after the item relating to section 1826 the following:

``1826A. Marital communications and adverse spousal privilege.''.

SEC. 14. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES.

    Title 18, United States Code, is amended--
            (1) in section 1591(b)(2), by striking ``20 years'' and 
        inserting ``40 years'';
            (2) in section 2421, by striking ``10 years'' and inserting 
        ``20 years'';
            (3) in section 2422--
                    (A) in subsection (a), by striking ``10 years'' and 
                inserting ``20 years''; and
                    (B) in subsection (b), by striking ``15 years'' and 
                inserting ``30 years'';
            (4) in section 2423--
                    (A) in subsection (a), by striking ``15 years'' and 
                inserting ``30 years''; and
                    (B) in subsection (b), by striking ``15 years'' and 
                inserting ``30 years''; and
            (5) in section 2425, by striking ``5 years'' and inserting 
        ``10 years''.

SEC. 15. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN.

    (a) Establishment of Position.--
            (1) In general.--Chapter 31 of title 28, United States 
        Code, is amended by inserting after section 507 the following:
``Sec. 507A. Deputy Assistant Attorney General for Crimes Against 
              Children
    ``(a) The Attorney General shall appoint a Deputy Assistant 
Attorney General for Crimes Against Children.
    ``(b) The Deputy Assistant Attorney General shall be the head of 
the Crimes Against Children Section (CACS) of the Department of 
Justice.
    ``(c) The duties of the Deputy Assistant Attorney General shall 
include the following:
            ``(1) To prosecute cases involving crimes against children.
            ``(2) To advise Federal prosecutors and law enforcement 
        personnel regarding crimes against children.
            ``(3) To provide guidance and assistance to Federal, State, 
        and local law enforcement agencies and personnel, and 
        appropriate foreign entities, regarding responses to crimes 
        against children.
            ``(4) To propose and comment upon legislation concerning 
        crimes against children.
            ``(5) Such other duties as the Attorney General may 
        require, including duties carried out by the head of the Child 
        Exploitation and Obscenity Section and the Terrorism and 
        Violent Crime Section of the Department of Justice.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 31 of title 28, United States Code, is 
        amended by inserting after the item relating to section 507 the 
        following:

``507A. Deputy Assistant Attorney General for Crimes Against 
                            Children.''.
    (b) Authorization of Appropriations for CACS.--There is authorized 
to be appropriated for the Department of Justice for fiscal year 2003, 
such sums as necessary to carry out this section.
                                 <all>