[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 956

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

 Mr. Grassley (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and 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 ``Jetseta Gage 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 15 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 15 years, be sentenced 
        to death or life in prison;
            ``(2) if the crime of violence is a kidnaping, sexual 
        assault, or maiming, (or an attempt or conspiracy to commit one 
        of those) or results in serious bodily injury (as defined in 
        section 1365) be imprisoned for life or for any term of years 
        not less than 30;
            ``(3) if the crime of violence results in bodily injury (as 
        defined in section 1365) to a person who has not attained the 
        age of 12 years, be imprisoned for life or for any term of 
        years not less than 15;
            ``(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 10; and
            ``(5) in any other case, be imprisoned for life or for any 
        term of years not less than 2.''.

SEC. 3. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.

    (a) Sexual Abuse.--
            (1) Aggravated sexual abuse of children.--Section 2241(c) 
        of title 18, United States Code, is amended by striking ``, 
        imprisoned for any term of years or life, or both.'' and 
        inserting ``and imprisoned for not less than 30 years or for 
        life.''.
            (2) Abusive sexual contact with children.--Section 2244 of 
        chapter 109A of title 18, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``(a) or 
                        (b)'' after ``section 2241'';
                            (ii) by redesignating paragraphs (2), (3), 
                        and (4) as paragraphs (3), (4), and (5), 
                        respectively; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) subsection (c) of section 2241 of this title had the 
        sexual contact been a sexual act, shall be fined under this 
        title and imprisoned for not less than 10 years and not more 
        than 25 years;''; and
                    (B) in subsection (c), by inserting ``(other than 
                subsection (a)(2))'' after ``violates this section''.
            (3) Sexual abuse of children resulting in death.--Section 
        2245 of title 18, United States Code, is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following:
    ``(b) Offenses Involving Young Children.--A person who, in the 
course of an offense under this chapter, engages in conduct that 
results in the death of a person who has not attained the age of 12 
years, shall be punished by death or imprisoned for not less than 30 
years or for life.''.
    (b) Sexual Exploitation and Other Abuse of Children.--
            (1) Sexual exploitation of children.--Section 2251(e) of 
        title 18, United States Code, is amended--
                    (A) by striking ``15 years nor more than 30 years'' 
                and inserting ``25 years or for life'';
                    (B) by striking ``not less than 25 years nor more 
                than 50 years, but if such person has 2 or more prior 
                convictions under this chapter, chapter 71, chapter 
                109A, or chapter 117, or under section 920 of title 10 
                (article 120 of the Uniform Code of Military Justice), 
                or under the laws of any State relating to the sexual 
                exploitation of children, such person shall be fined 
                under this title and imprisoned not less than 35 years 
                nor more than life.'' and inserting ``life.''; and
                    (C) by striking ``any term of years or for life'' 
                and inserting ``not less than 30 years or for life.''.
            (2) Activities relating to material involving the sexual 
        exploitation of children.--Section 2252(b) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``5 years and not more than 
                        20 years'' and inserting ``25 years or for 
                        life''; and
                            (ii) by striking ``not less than 15 years 
                        nor more than 40 years.'' and inserting 
                        ``life.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisoned for not 
                        more than'' and inserting ``and imprisoned 
                        for'';
                            (ii) by striking ``, or both''; and
                            (iii) by striking ``10 years nor more than 
                        20 years.'' and inserting ``30 years or for 
                        life.''.
            (3) Activities relating to material constituting or 
        containing child pornography.--Section 2252A(b) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``5 years and not more than 
                        20 years'' and inserting ``25 years or for 
                        life''; and
                            (ii) by striking ``not less than 15 years 
                        nor more than 40 years'' and inserting 
                        ``life''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisoned not more 
                        than 10 years, or both'' and inserting ``and 
                        imprisoned for 10 years''; and
                            (ii) by striking ``10 years nor more than 
                        20 years'' and inserting ``30 years or for 
                        life''.
            (4) Using misleading domain names to direct children to 
        harmful material on the internet.--Section 2252B(b) of title 
        18, United States Code, is amended by striking ``or imprisoned 
        not more than 4 years, or both'' and inserting ``imprisoned for 
        10 years''.
            (5) Production of sexually explicit depictions of 
        children.--Section 2260(c) of title 18, United States Code, is 
        amended by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) shall be fined under this title and imprisoned for 25 
        years; and
            ``(2) if the person has a prior conviction under this 
        chapter or chapter 109A, shall be fined under this title and 
        imprisoned for life.''.
    (c) Conduct Relating to Child Prostitution.--Section 2423 of title 
18, United States Code, is amended--
            (1) in subsection (a), by striking ``5 years and not more 
        than 30 years'' and inserting ``30 years or for life'';
            (2) in subsection (b), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years'';
            (3) in subsection (c), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years''; and
            (4) in subsection (d), by striking ``, imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for 30 
        years''.

SEC. 4. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF 
              CONVICTIONS FOR KILLING A CHILD.

    (a) Short Title.--This section may be cited as the ``Christy Ann 
Fornoff Act''.
    (b) 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.''.
    (c) Rights Associated With Habeas Corpus Proceedings.--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.''
    (d) Application to Pending Cases.--
            (1) In general.--The amendments made by this section shall 
        apply to cases pending on or after the date of enactment of 
        this Act.
            (2) Time limits.--In a case pending on the date of 
        enactment of this Act, if the amendments made by this section 
        provide that a time limit runs from an event or time that has 
        occurred prior to such date of enactment, the time limit shall 
        run instead from such date of enactment.
                                 <all>