[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 288

    To create a separate DNA database for violent predators against 
                   children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2009

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To create a separate DNA database for violent predators 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 ``Save Our Children: Stop the Violent 
Predators Against Children DNA Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Based on sexual assaults reported to law enforcement, 
        there are more 14-year old victims of sexual assault than 
        victims of any other age.
            (2) In 2007, there were more victims of sexual assault 
        between ages 3 and 17 than in any individual age group over age 
        17, and more victims age 2 than in any age group over 40.
            (3) Children, like 5-year-old Samantha Runnion of 
        California, who was abducted, sexually violated, and murdered, 
        are most likely to be victims of sexual assault, with over one-
        third of all sexual assaults involving a victim who was under 
        the age of 12.
            (4) One of every 7 victims of sexual assault is under the 
        age of 6.
            (5) Murder is the only major cause of childhood deaths that 
        has increased over the past three decades.
            (6) Between 300,000 and 400,000 children are victims of 
        some type of sexual abuse or exploitation every year.
            (7) More attention should be given to seeking solutions to 
        violence against children.

SEC. 3. DNA DATABASE FOR VIOLENT PREDATORS AGAINST CHILDREN.

    (a) In General.--The Attorney General shall establish and maintain, 
separate from any other DNA database, a database solely for the purpose 
of collecting the DNA information with respect to violent predators 
against children. Under regulations issued by the Attorney General, 
Federal, State, and local agencies and other entities may submit DNA 
information to the Attorney General for inclusion in the database and 
may compare DNA information against other DNA information in the 
database.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 to establish the database required by subsection 
(a).

SEC. 4. INCENTIVE GRANTS.

    (a) Program Authorized.--From amounts made available to carry out 
this section, the Attorney General shall make grants to each State that 
has in effect one or more programs that decrease the rate of recidivism 
among violent predators against children, for use by the State to 
implement improvements to such programs.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 5. CONSEQUENCES FOR VIOLENT PREDATORS AGAINST CHILDREN.

    Notwithstanding any other provision of law, if a person who is a 
violent predator against children commits a crime that would, in and of 
itself, establish that person as a violent predator against children, 
the sentence imposed on that person for that crime shall, without 
regard to any mitigating circumstance that would otherwise apply at 
sentencing, be the maximum authorized by law.

SEC. 6. DEFINITION.

    (a) In General.--As used in this Act, the term ``violent predator 
against children'' means a person who commits a crime of violence 
(including a sex crime) against the person of an individual who has not 
attained the age of 18 years.
    (b) Statutory Rape Exception.--The term ``violent predator against 
children'' shall not include a person who commits a sex crime against 
the person of an individual who has not attained the age of 18 years 
if--
            (1) the individual against whom such crime was committed 
        has attained 16 years of age or older;
            (2) the person who commits such crime is not more than 4 
        years older than such individual; and
            (3) the conduct resulting in the commission of such crime 
        was consensual.
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