[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4727 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4727

  To amend title 18, United States Code, to place limitations on the 
    possession, sale, and other disposition of a firearm by persons 
        convicted of misdemeanor sex offenses against children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2010

Mr. Nadler of New York (for himself, Ms. Wasserman Schultz, Mr. Weiner, 
Mrs. McCarthy of New York, Ms. Slaughter, Ms. Schwartz, Mr. Israel, Mr. 
  Hastings of Florida, and Mrs. Lowey) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to place limitations on the 
    possession, sale, and other disposition of a firearm by persons 
        convicted of misdemeanor sex offenses against children.

    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 ``Keep Kids Safe Act of 2010''.

SEC. 2. LIMITS ON POSSESSION, SALE, AND DISPOSITION OF FIREARMS BY 
              PERSONS CONVICTED OF MISDEMEANOR SEX OFFENSES AGAINST 
              MINORS.

    (a) Disposition of Firearm.--Section 922(d) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of a misdemeanor sex 
        offense against a minor.''.
    (b) Possession of Firearm.--Section 922(g) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the comma at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) who has been convicted in any court of a misdemeanor 
        sex offense against a minor,''.
    (c) Misdemeanor Sex Offense Against a Minor Defined.--Section 
921(a) of such title is amended by adding at the end the following:
            ``(36)(A) The term `misdemeanor sex offense against a 
        minor' means a sex offense against a minor punishable by 
        imprisonment for not more than one year.
            ``(B) The term `sex offense' means a criminal offense that 
        has, as an element, a sexual act or sexual contact with 
        another, or an attempt or conspiracy to commit such an offense.
            ``(C) The term `minor' means an individual who has not 
        attained 18 years of age.
            ``(D) A person shall not be considered to have been 
        convicted of a misdemeanor sex offense against a minor for 
        purposes of this chapter--
                    ``(i) unless--
                            ``(I) the person was represented by counsel 
                        in the case, or knowingly and intelligently 
                        waived the right to counsel in the case; and
                            ``(II) in the case of a prosecution for the 
                        offense for which a person was entitled to a 
                        jury trial in the jurisdiction in which the 
                        case was tried--
                                    ``(aa) the case was tried by a 
                                jury; or
                                    ``(bb) the person knowingly and 
                                intelligently waived the right to have 
                                the case tried by a jury, by guilty 
                                plea or otherwise; or
                    ``(ii) if the conviction has been expunged or set 
                aside, or is an offense for which the person has been 
                pardoned or has had civil rights restored (if the law 
                of the applicable jurisdiction provides for the loss of 
                civil rights under such an offense), unless the pardon, 
                expungement, or restoration of civil rights expressly 
                provides that the person may not ship, transport, 
                possess, or receive firearms.''.
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