[Congressional Record Volume 151, Number 116 (Thursday, September 15, 2005)]
[Extensions of Remarks]
[Pages E1878-E1879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 3132, CHILDREN'S SAFETY ACT OF 2005

                                 ______
                                 

                               speech of

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                     Wednesday, September 14, 2005

  Ms. SCHAKOWSKY. Mr. Chairman, I have asked for unanimous consent to 
be removed from the list of cosponsors on H.R. 3132. My name was added 
to the list unbeknownst to me and my staff due to a clerical mistake 
made by the House Judiciary Committee Majority Staff. For the record, I 
did not ask to be added to the list of cosponsors.
  Sexual crimes against children are terrible and reprehensible acts. I 
believe that it is vital that we take every precaution to protect our

[[Page E1879]]

children from sexual violence and that we punish those criminals who 
prey on our children. However, I stand today in opposition to H.R. 
3132, the Children's Safety Act. While I support many of its 
provisions, I am concerned that this bill would expand the use of the 
death penalty, impose mandatory minimum sentences, and punish more 
young people as adults.
  Although I believe that harsh penalties and aggressive prosecution of 
sex offenders are necessary, I oppose this bill because it would create 
at least two new death penalty provisions. I strongly oppose the death 
penalty because it is fraught with problems such as inadequate 
representation for the accused, lack of access to DNA testing, police 
misconduct, racial bias and other errors. Experts have found a national 
error rate of 68 percent, which means over two-thirds of all capital 
convictions and sentences are reversed because of serious error during 
trial or sentencing phase. In fact, former Illinois Governor Ryan 
declared a moratorium in 2000 after 13 people were released from death 
row because of innocence. The error rate in Illinois is 66 percent. 
Therefore, I believe capital punishment is inconsistent with 
Constitutional requirements of fairness, justice, equality and due 
process.
  This bill would also create 36 new mandatory minimum sentences which 
are arbitrary, ineffective at reducing crime, and unfair. The United 
States Sentencing Commission found that minorities were substantially 
more likely than whites under comparable circumstances to receive 
mandatory minimums sentences with no evidence that mandatory minimum 
sentences had any more impact in reducing crime than sentences where 
the judges had discretion. Judges are exercising their discretion 
responsibly under advisory guidelines, and there does not appear to be 
an epidemic of judicial leniency. A proliferation of mandatory minimums 
is not the answer.
  I agree that sexual abuse crimes against children are serious 
concerns today. Unfortunately, this bill takes the wrong approach. I am 
especially concerned that this bill allows for more youths to be tried 
as adults. For example, a 19-year-old who has consensual sex with a 17-
year-old would be treated the same as an older adult predator of young 
children. The vast majority of children and teenagers show a high 
response rate to treatment and often do not become adult sex offenders. 
This bill would mandate lifetime sex offender registration for children 
and youth, and subject them to long prison sentences. Research shows 
that young people who are prosecuted as adults are more likely to 
commit a greater number of crimes upon release than youths who go 
through the juvenile justice system.
  Representative Conyers offered as an amendment to H.R. 3132, the 
provisions of H.R. 2662, the Local Law Enforcement Hate Crimes 
Prevention Act. I am an original cosponsor of H.R. 2662, and strongly 
supported this amendment to H.R. 3132. This legislation would make it 
easier for the federal government to investigate, prosecute and prevent 
hate crimes across the country. And I hope it is enacted.
  It is the responsibility of Congress to the young people of this 
nation and to all citizens to combat violence against children. 
Unfortunately, this bill takes us in the wrong direction. 33 scientific 
researchers, treatment professionals and child advocates have written 
to express their opposition or serious concerns with this bill. 
Although this bill included the provisions of H.R. 2662, which I 
strongly support, I oppose H.R. 3132 because it would treat youths as 
adult criminals and lead to a potential increase in the number of 
innocent people being executed or languishing in prison.

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