[Congressional Record Volume 151, Number 54 (Thursday, April 28, 2005)]
[Senate]
[Pages S4569-S4571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself and Mr. Kyl):
  S. 956. A bill to amend title 18, United States Code, to provide 
assured punishment for violent crimes against children, and for other 
purposes; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I rise today to introduce ``The Jetseta 
Gage Prevention and Deterrence of Crimes Against Children Act of 
2005''. This is a very important bill that will protect our children 
from the vilest forms of abuse and murder.
  The urgency of passing legislation of this nature has been growing 
for the past few months. The murders of Jessica Lunsford, Sara Lunde, 
and Jetseta Gage, who was from my home State of Iowa, have been 
thoroughly covered in the news in recent weeks. Each of these murders 
was committed by a repeat sex offender. These cases should open our 
eyes to the necessity of passing a bill that will give sex offenders 
tougher penalties for the crimes they commit.
  I would like to take a moment to talk about the murder of the Iowa 
girl this bill is named for, Jetseta Marrie Gage. On March 24 of this 
year, Jetseta, a beautiful 10-year-old girl from Cedar Rapids, IA, went 
missing from her home. Within 12 hours of her disappearance, even 
before a body had been found, law enforcement officials took Roger 
Bentley into custody, a man who had been previously convicted for 
committing lascivious acts with a minor. Unfortunately, this man only 
served a little over one year in prison for his previous sex crime 
conviction. Two days later, due to a tip received by a woman responding 
to the Amber Alert, Jetseta's body was found stuffed in a cabinet in an 
abandoned mobile home. She had been sexually molested and suffocated 
with a plastic bag. I can't help but wonder whether Jetseta would still 
be alive today had her killer received stricter penalties for his first 
offense. It breaks my heart to hear about cases like this, but it's 
even more disheartening when you know that it might have been prevented 
with adequate sentencing.
  My bill will help change this by protecting children in three ways. 
It will establish stiff mandatory minimum sentences, increase penalties 
for certain crimes against children, and reform the habeas corpus 
system for child murderers. Let me now discuss these provisions in 
detail.
  The first section on mandatory minimums will guarantee punishment for 
criminals who commit violent crimes against children. I know that some 
of my colleagues have concerns about mandatory minimums, especially in 
the context of drug sentences. I understand that concern, but in-light 
of the recent Supreme Court's decision in the Booker/FanFan case, 
something must be done to insure that sexual predators receive the 
types of sentences fitting for their crimes. In the Booker/FanFan case, 
the Court held that the Federal Sentencing Guidelines are no longer 
mandatory, thus federal judges have unfettered discretion in 
sentencing. The bill establishes the following mandatory minimums for 
violent crimes against children: One, where the crime of violence 
results in death of a child under 15 years, the offender will receive 
the death penalty or life in prison; two, where the crime of violence 
is kidnapping, sexual assault, or maiming or results in serious bodily 
injury the offender will receive a prison term from 30 years to life; 
three, where the crime of violence results in bodily injury of a child 
under 12 years, the offender will serve a prison term from 15 years to 
life; four, where a criminal uses a dangerous weapon in the commission 
of a crime against a child, the offender will receive a sentence of 10 
years to life; and lastly, five, in any other case of a crime against a 
child, the offender will receive from 2 years to life.

  The second section of the bill increases the penalties for sexual 
offenses against children. The penalties for these crimes need to be 
adjusted to adequately reflect the gravity of these crimes and the 
damage they do to children. The bill increases penalties for the 
following nine federal crimes: aggravated sexual abuse of children, 
abusive sexual contact with children, sexual abuse of children 
resulting in death, sexual exploitation of children, activities 
relating to material involving the sexual exploitation of children, 
activities relating to material constituting or containing child 
pornography, using misleading domain names to direct children to 
material harmful to minors on the internet, production of sexually 
explicit depictions of children, and conduct relating to child 
prostitution.
  The third section of the bill will ensure fair and expeditious 
Federal collateral review of convictions for killing a child. It would 
do this by reforming the habeas corpus system for this crime. For 
example, in district court parties will be required to move for an 
evidentiary hearing within 90 days of the completion of briefing, the 
court must act on the motion within 30 days, and the hearing must begin 
60 days later with completion within 150 days. In addition, this 
section will require that district-court review be completed within 15 
months of the completion of briefing and that appellate review must be 
completed within 120 days of the completion of briefing. Finally, this 
provision limits Federal review on cases to those claims that present 
meaningful evidence that the defendant did not commit the crime.
  The provisions of this bill are strictly designed to protect our 
children. I doubt that the members of this body, many of whom have 
young children of their own, will have any objections to ensuring that 
perpetrators of crimes against children receive tougher penalties for 
their acts. It is unfortunate

[[Page S4570]]

that it took the recent tragic murders of those 3 beautiful young girls 
for a law of this nature to be proposed, but I strongly believe that a 
vote for this bill could save the lives of children in the future. We 
have an obligation as legislators to protect our citizenry. We have an 
obligation as adults to protect our youth. We have an obligation as 
parents to protect our children. I urge my colleagues to join me in 
doing just that by voting in favor of this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 956

       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.

[[Page S4571]]

       ``(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.
                                 ______