[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 382 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 382

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 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 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 
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 
        sexual assault, exploitation, and abuse of children.

SEC. 3. DNA DATABASE FOR 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 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 and maintain the database required 
by subsection (a) for fiscal years 2010 through 2012.

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 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 
for fiscal years 2010-2012.

SEC. 5. CONSEQUENCES FOR PREDATORS AGAINST CHILDREN.

    Notwithstanding any other provision of law, if a person who is a 
predator against children commits a crime that would, in and of itself, 
establish that person as a 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 ``predator against 
children'' means a person who commits a sex crime against the person of 
an individual who has not attained the age of 18 years.
    (b) Statutory Rape Exception.--The term ``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.
    (c) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall issue regulations 
relating to the definition of ``sex crime'' as used in the definition 
of ``predator against children'' under this section.
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