[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3107 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3107

     To protect against child predators and trafficking in persons.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2005

  Ms. Harris introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To protect against child predators and trafficking in persons.

    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 ``Carlie's Law''.

SEC. 2. COORDINATION AMONG DEPARTMENT OF STATE, DEPARTMENT OF HOMELAND 
              SECURITY, AND FEDERAL BUREAU OF INVESTIGATION TO MONITOR 
              OVERSEAS SEX OFFENDERS UPON RETURN TO THE UNITED STATES.

    (a) State Department to Notify Customs and Border Protection 
Agents.--Whenever it is made known to the Secretary of State that a 
citizen of the United States has been convicted outside the United 
States of a child predatory crime--
            (1) the Secretary of State shall promptly notify the 
        Secretary of Homeland Security of the conviction of that 
        individual; and
            (2) the Secretary of Homeland Security shall ensure that 
        the information relating to the conviction is available to, and 
        used by, agents of the Bureau of Customs and Border Protection.
    (b) Customs and Border Protection Agents to Notify FBI.--Whenever 
it is made known to an agent of the Bureau of Customs and Border 
Protection that a citizen of the United States, who has been convicted 
outside the United States of a child predatory crime, has entered the 
United States--
            (1) the Secretary of Homeland Security shall promptly 
        notify the Director of the Federal Bureau of Investigation of 
        the entry of that citizen; and
            (2) the Director of the Federal Bureau of Investigation 
        shall ensure that the information relating to the entry of that 
        citizen is promptly entered into the National Sex Offender 
        Registry.
    (c) Definition.--In this section, the term ``child predatory 
crime'' includes--
            (1) any crime under which a child is exploited for sexual 
        purposes, such as molestation, rape, fondling, or trafficking; 
        and
            (2) any felony in which a child is the victim.

SEC. 3. EXPANSION OF NATIONAL SEX OFFENDER REGISTRY TO INCLUDE 
              INDIVIDUALS CONVICTED OF EXPLOITATION OR TRAFFICKING.

    Section 170101 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14071) is amended in subsection (a)(3)(A)--
            (1) by striking ``or'' at the end of clause (viii);
            (2) by redesignating clause (ix) as clause (xi);
            (3) by inserting after clause (viii) the following new 
        clauses:
                            ``(ix) exploitation of a minor;
                            ``(x) trafficking in persons with respect 
                        to a minor; or''; and
            (4) in clause (xi), as so redesignated, by striking 
        ``clauses (i) through (vii)'' and inserting ``clauses (i) 
        through (x)''.

SEC. 4. CRIMINAL FORFEITURE OF PROPERTY OF PERSONS CONVICTED OF 
              EXPLOITATION OR TRAFFICKING.

    (a) Property Subject to Criminal Forfeiture.--Any person convicted 
of a violation of a Federal law relating to exploitation or trafficking 
in persons shall forfeit to the United States, irrespective of any 
provision of State law--
            (1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            (2) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    (b) Court Order.--The court, in imposing sentence on such person, 
shall order, in addition to any other sentence imposed for that 
offense, that the person forfeit to the United States all property 
described in subsection (a). In lieu of a fine otherwise authorized for 
that offense, a defendant who derives profits or other proceeds from an 
offense may be fined not more than twice the gross profits or other 
proceeds.
    (c) Incorporation of Criminal Forfeiture Provisions of Controlled 
Substances Act.--The following provisions of section 413 of the 
Controlled Substances Act (21 U.S.C. 853) apply to a conviction 
referred to in subsection (a): Subsections (b) through (i) and 
subsections (k) through (p).
    (d) Comparable State Forfeiture Laws.--Each State shall have in 
effect laws and policies comparable to the laws and policies in this 
section. A State that, as determined by the Attorney General, fails to 
have in effect such laws and policies shall not receive any grant 
amounts or other assistance under any program of the Department of 
Justice.

SEC. 5. ELECTRONIC SURVEILLANCE OF INDIVIDUALS CONVICTED OF A CRIMINAL 
              OFFENSE AGAINST A MINOR AGE 12 OR UNDER.

    (a) Surveillance Required.--Any person convicted of a criminal 
offense against a victim who is a minor (as defined in section 170101 
of the Violent Crime Control and Law Enforcement Act of 1994) shall, if 
the minor was age 12 or under, be subject to electronic surveillance 
for the life of the person, except as provided in this section.
    (b) Exceptions.--
            (1) During period of imprisonment.--A person shall not be 
        subject to electronic surveillance under subsection (a) during 
        a period of imprisonment.
            (2) After determined to be no longer a threat to 
        community.--After a person has completed any period of 
        imprisonment, probation, parole, or supervised release, and has 
        completed any mandatory counseling, an appropriate official 
        shall periodically assess, in an appropriate proceeding, 
        whether the person no longer presents a threat to the 
        community. If the official so determines, and that 
        determination becomes final, the person shall not be subject to 
        electronic surveillance under subsection (a) thereafter.
    (c) Officials Responsible.--The United States Marshals Service and 
the Bureau of Prisons shall be responsible for carrying out the 
electronic surveillance required by this section.
    (d) Type of Surveillance.--Surveillance required by this section 
shall be carried out using devices approved by the United States 
Marshals Service.
    (e) Comparable State Electronic Surveillance Laws.--Each State 
shall have in effect laws and policies comparable to the laws and 
policies in this section. A State that, as determined by the Attorney 
General, fails to have in effect such laws and policies shall not 
receive any grant amounts or other assistance under any program of the 
Department of Justice.

SEC. 6. RECLASSIFICATION OF TRAFFICKING IN PERSONS AS CRIME OF VIOLENCE 
              UNDER FEDERAL SENTENCING GUIDELINES.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal Sentencing Guidelines to provide for trafficking in persons to 
be treated as a crime of violence.

SEC. 7. REVOCATION OF PROBATION OR SUPERVISED RELEASE.

    (a) Probation.--Section 3565(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (3) by striking ``or'' at the end; and
            (2) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 16 years;''.
    (b) Supervised Release.--Section 3583(g) of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking ``or'' at the end; and
            (2) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 16 years;''.

SEC. 8. STANDARDIZATION OF INFORMATION IN NATIONAL SEX OFFENDER 
              REGISTRY.

    (a) Standardization Required.--The Attorney General shall prescribe 
regulations that specify the fields of information used in the National 
Sex Offender Registry. The Attorney General shall ensure that each 
State or other entity that provides information to the National Sex 
Offender Registry provides, to the maximum extent practicable, all the 
information specified in the regulations.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General shall submit to Congress a 
report on the regulations required by subsection (a).

SEC. 9. FORFEITURE OF PROPERTY BY PERSONS CONVICTED OF TRAFFICKING IN 
              PERSONS.

    (a) In General.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2428. Forfeiture
    ``(a) Forfeiture Required.--The court, in imposing sentence on any 
person convicted of a violation of this chapter, shall order, in 
addition to any other sentence imposed and irrespective of any 
provision of State law, that such person shall forfeit to the United 
States--
            ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(2) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(b) Property Subject to Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right shall 
        exist in them:
                    ``(A) Any property, real or personal, used or 
                intended to be used to commit or to facilitate the 
                commission of any violation of this chapter.
                    ``(B) Any property, real or personal, which 
                constitutes or is derived from proceeds traceable to 
                any violation of this chapter.
            ``(2) Relationship to chapter 46.--The provisions of 
        chapter 46 of this title relating to civil forfeitures shall 
        extend to any seizure or civil forfeiture under this 
        subsection.''.
    (b) Technical Amendment.--The chapter analysis at the beginning of 
such chapter is amended by adding at the end the following new item:

``2428. Forfeiture.''.
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