[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 644 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 644

  To enhance national efforts to investigate, prosecute, and prevent 
  crimes against children by increasing investigatory tools, criminal 
        penalties, and resources and by extending existing laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2003

Mr. Hatch (for himself, Mrs. Feinstein, Mr. DeWine, Mrs. Hutchison, Mr. 
 Sessions, and Mr. Grassley) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enhance national efforts to investigate, prosecute, and prevent 
  crimes against children by increasing investigatory tools, criminal 
        penalties, and resources and by extending existing laws.

    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 ``Comprehensive Child Protection Act 
of 2003''.

SEC. 2. 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 2004 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. 3. INTERNET AVAILABILITY OF INFORMATION CONCERNING REGISTERED SEX 
              OFFENDERS.

    (a) In General.--Section 170101(e)(2) of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by 
adding at the end the following: ``The release of information under 
this paragraph shall include the maintenance of an Internet site 
containing such information that is available to the public.''.
    (b) Compliance Date.--Each State shall implement the amendment made 
by this section within 3 years after the date of enactment of this Act, 
except that the Attorney General may grant an additional 2 years to a 
State that is making a good faith effort to implement the amendment 
made by this section.
    (c) National Internet Site.--The Crimes Against Children Section of 
the Department of Justice shall create a national Internet site that 
links all State Internet sites established pursuant to this section.

SEC. 4. DNA EVIDENCE.

    Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)) is amended to read as follows:
    ``(d) Qualifying Federal Offense.--For purposes of this section, 
the term `qualifying Federal offense' means--
            ``(1) any offense classified as a felony under Federal law;
            ``(2) any offense under chapter 109A of title 18, United 
        States Code;
            ``(3) any crime of violence as that term is defined in 
        section 16 of title 18, United States Code; or
            ``(4) any offense within the scope of section 4042(c)(4) of 
        title 18, United States Code.''.

SEC. 5. 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. 6. 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. 7. 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. 8. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE 
              INVESTIGATION OF SEXUAL CRIMES AND OTHER CRIMES AGAINST 
              CHILDREN.

    Section 2516(1)(c) of title 18, United States Code, is amended--
            (1) by inserting ``section 1591 (sex trafficking of 
        children or by force, fraud, or coercion)'' after ``section 
        1511 (obstruction of State or local law enforcement),''; and
            (2) by inserting ``section 2251A (selling or buying of 
        children), section 2252A (relating to material constituting or 
        containing child pornography), section 2260 (production of 
        sexually explicit depictions of a minor for importation into 
        the United States), sections 2421, 2422, 2423, and 2425 
        (relating to transportation for illegal sexual activity and 
        related crimes),'' after ``sections 2251 and 2252 (sexual 
        exploitation of children),''.

SEC. 9. INCREASE OF MAXIMUM SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding 
subsection (b), the authorized term of supervised release for any 
offense under chapter 109A, 110, 117, section 1201 involving a minor 
victim, or section 1591 is any term of years or life.''.

SEC. 10. 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. 11. 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 2004, 
such sums as necessary to carry out this section.

SEC. 12. DIRECTIVE TO SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 18, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review the Federal Sentencing 
Guidelines and policy statements relating to child abuse and 
exploitation offenses, including United States Sentencing Guideline 
sections 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.1, 2G1.1, 2G2.1, 2G2.2, 2G2.3, 
2G2.4, and 2G3.1 to determine whether those sections are sufficiently 
severe.
    (b) Considerations.--In reviewing the Federal Sentencing Guidelines 
in accordance with subsection (a), the United States Sentencing 
Commission shall consider whether the guidelines are adequate where--
            (1) the victim had not attained the age of 12 years, or had 
        not attained the age of 16 years;
            (2) the victim died, or sustained permanent, life-
        threatening or serious injury as a result of the criminal act;
            (3) the victim was abducted;
            (4) the victim was abused by more than 1 participant;
            (5) the offense involved more than 1 victim;
            (6) the ability of the victim to appraise or control his or 
        her conduct was substantially impaired;
            (7) the offense involved a large number of visual 
        depictions, including multiple images of the same victim; and
            (8) the offense involved material that portrays sadistic or 
        masochistic conduct or other depictions of violence.
                                 <all>