[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2388 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2388

 To amend title 18, United States Code, to provide assured punishment 
      for violent crimes against children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2005

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide assured punishment 
      for violent crimes against children, and for other purposes.

    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 ``Prevention and Deterrence of Crimes 
Against Children Act of 2005''.

SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.

    (a) Special Sentencing Rule.--Subsection (d) of section 3559 of 
title 18, United States Code, is amended to read as follows:
    ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes 
Against Children.--A person who is convicted of a Federal crime of 
violence against the person of an individual who has not attained the 
age of 18 years shall, unless a greater mandatory minimum sentence of 
imprisonment is otherwise provided by law and regardless of any maximum 
term of imprisonment otherwise provided for the offense--
            ``(1) if the crime of violence results in the death of a 
        person who has not attained the age of 18 years, be sentenced 
        to death or life in prison;
            ``(2) if the crime of violence is a kidnapping, sexual 
        assault, or maiming, or results in serious bodily injury (as 
        defined in section 1365) be imprisoned for life or any term of 
        years not less than 30;
            ``(3) if the crime of violence results in bodily injury (as 
        defined in section 1365), be imprisoned for life or for any 
        term of years not less than 20;
            ``(4) if a dangerous weapon was used during and in relation 
        to the crime of violence, be imprisoned for life or for any 
        term of years not less than 15; and
            ``(5) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.

SEC. 3. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF 
              CONVICTIONS FOR KILLING A CHILD.

    (a) Limits on Cases.--Section 2254 of title 28, United States Code, 
is amended by adding at the end the following:
    ``(j)(1) A court, justice, or judge shall not have jurisdiction to 
consider any claim relating to the judgment or sentence in an 
application described under paragraph (2), unless the applicant shows 
that the claim qualifies for consideration on the grounds described in 
subsection (e)(2). Any such application that is presented to a court, 
justice, or judge other than a district court shall be transferred to 
the appropriate district court for consideration or dismissal in 
conformity with this subsection, except that a court of appeals panel 
must authorize any second or successive application in conformity with 
section 2244 before any consideration by the district court.
    ``(2) This subsection applies to an application for a writ of 
habeas corpus on behalf of a person in custody pursuant to the judgment 
of a State court for a crime that involved the killing of a individual 
who has not attained the age of 18 years.
    ``(3) For an application described in paragraph (2), the following 
requirements shall apply in the district court:
            ``(A) Any motion by either party for an evidentiary hearing 
        shall be filed and served not later than 90 days after the 
        State files its answer or, if no timely answer is filed, the 
        date on which such answer is due.
            ``(B) Any motion for an evidentiary hearing shall be 
        granted or denied not later than 30 days after the date on 
        which the party opposing such motion files a pleading in 
        opposition to such motion or, if no timely pleading in 
        opposition is filed, the date on which such pleading in 
        opposition is due.
            ``(C) Any evidentiary hearing shall be--
                    ``(i) convened not less than 60 days after the 
                order granting such hearing; and
                    ``(ii) completed not more than 150 days after the 
                order granting such hearing.
            ``(D) A district court shall enter a final order, granting 
        or denying the application for a writ of habeas corpus, not 
        later than 15 months after the date on which the State files 
        its answer or, if no timely answer is filed, the date on which 
        such answer is due, or not later than 60 days after the case is 
        submitted for decision, whichever is earlier.
            ``(E) If the district court fails to comply with the 
        requirements of this paragraph, the State may petition the 
        court of appeals for a writ of mandamus to enforce the 
        requirements. The court of appeals shall grant or deny the 
        petition for a writ of mandamus not later than 30 days after 
        such petition is filed with the court.
    ``(4) For an application described in paragraph (2), the following 
requirements shall apply in the court of appeals:
            ``(A) A timely filed notice of appeal from an order issuing 
        a writ of habeas corpus shall operate as a stay of that order 
        pending final disposition of the appeal.
            ``(B) The court of appeals shall decide the appeal from an 
        order granting or denying a writ of habeas corpus--
                    ``(i) not later than 120 days after the date on 
                which the brief of the appellee is filed or, if no 
                timely brief is filed, the date on which such brief is 
                due; or
                    ``(ii) if a cross-appeal is filed, not later than 
                120 days after the date on which the appellant files a 
                brief in response to the issues presented by the cross-
                appeal or, if no timely brief is filed, the date on 
                which such brief is due.
            ``(C)(i) Following a decision by a panel of the court of 
        appeals under subparagraph (B), a petition for panel rehearing 
        is not allowed, but rehearing by the court of appeals en banc 
        may be requested. The court of appeals shall decide whether to 
        grant a petition for rehearing en banc not later than 30 days 
        after the date on which the petition is filed, unless a 
        response is required, in which case the court shall decide 
        whether to grant the petition not later than 30 days after the 
        date on which the response is filed or, if no timely response 
        is filed, the date on which the response is due.
            ``(ii) If rehearing en banc is granted, the court of 
        appeals shall make a final determination of the appeal not 
        later than 120 days after the date on which the order granting 
        rehearing en banc is entered.
            ``(D) If the court of appeals fails to comply with the 
        requirements of this paragraph, the State may petition the 
        Supreme Court or a justice thereof for a writ of mandamus to 
        enforce the requirements.
    ``(5)(A) The time limitations under paragraphs (3) and (4) shall 
apply to an initial application described in paragraph (2), any second 
or successive application described in paragraph (2), and any 
redetermination of an application described in paragraph (2) or related 
appeal following a remand by the court of appeals or the Supreme Court 
for further proceedings.
    ``(B) In proceedings following remand in the district court, time 
limits running from the time the State files its answer under paragraph 
(3) shall run from the date the remand is ordered if further briefing 
is not required in the district court. If there is further briefing 
following remand in the district court, such time limits shall run from 
the date on which a responsive brief is filed or, if no timely 
responsive brief is filed, the date on which such brief is due.
    ``(C) In proceedings following remand in the court of appeals, the 
time limit specified in paragraph (4)(B) shall run from the date the 
remand is ordered if further briefing is not required in the court of 
appeals. If there is further briefing in the court of appeals, the time 
limit specified in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief is filed, 
from the date on which such brief is due.
    ``(6) The failure of a court to meet or comply with a time 
limitation under this subsection shall not be a ground for granting 
relief from a judgment of conviction or sentence, nor shall the time 
limitations under this subsection be construed to entitle a capital 
applicant to a stay of execution, to which the applicant would 
otherwise not be entitled, for the purpose of litigating any 
application or appeal.''.
    (b) Victims' Rights in Habeas Cases.--Section 3771(b) of title 18, 
United States Code, is amended by adding at the end the following: 
``The rights established for crime victims by this section shall also 
be extended in a Federal habeas corpus proceeding arising out of a 
State conviction to victims of the State offense at issue.''
    (c) Application to Pending Cases.--
            (1) In general.--The amendment made by this section apply 
        to cases pending on the date of the enactment of this Act as 
        well as to cases commenced on and after that date.
            (2) Special rule for time limits.--In a case pending on the 
        date of the enactment of this Act, if the amendment made by 
        subsection (a) provides that a time limit runs from an event or 
        time that has occurred before that date, the time limit shall 
        instead run from that date.
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