[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 644 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 644
To enhance national efforts to investigate, prosecute, and prevent
crimes against children by increasing investigatory tools, criminal
penalties, and resources and by extending existing laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2003
Mr. Hatch (for himself, Mrs. Feinstein, Mr. DeWine, Mrs. Hutchison, Mr.
Sessions, and Mr. Grassley) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance national efforts to investigate, prosecute, and prevent
crimes against children by increasing investigatory tools, criminal
penalties, and resources and by extending existing laws.
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 ``Comprehensive Child Protection Act
of 2003''.
SEC. 2. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540A. National Crimes Against Children Response Center
``(a) Establishment.--There is established within the Federal
Bureau of Investigation a National Crimes Against Children Response
Center (referred to in this section as the `Center').
``(b) Mission.--The mission of the Center is to develop a national
response plan model that--
``(1) provides a comprehensive, rapid response plan to
report crimes involving the victimization of children; and
``(2) protects children from future crimes.
``(c) Duties.--To carry out the mission described in subsection
(b), the Director of the Federal Bureau of Investigation shall--
``(1) consult with the Deputy Assistant Attorney General
for the Crimes Against Children Office and other child crime
coordinators within the Department of Justice;
``(2) consolidate units within the Federal Bureau of
Investigation that investigate crimes against children,
including abductions, abuse, and sexual exploitation offenses;
``(3) develop a comprehensive, rapid response plan for
crimes involving children that incorporates resources and
expertise from Federal, State, and local law enforcement
agencies and child services professionals;
``(4) develop a national strategy to prevent crimes against
children that shall include a plan to rescue children who are
identified in child pornography images as victims of abuse;
``(5) create regional rapid response teams composed of
Federal, State, and local prosecutors, investigators, victim
witness specialists, mental health professionals, and other
child services professionals;
``(6) implement an advanced training program that will
enhance the ability of Federal, State, and local entities to
respond to reported crimes against children and protect
children from future crimes; and
``(7) conduct outreach efforts to raise awareness and
educate communities about crimes against children.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal Bureau of Investigation such sums as
necessary for fiscal year 2004 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 28, United States Code, is amended by adding at the
end the following:
``540A. National Crimes Against Children Response Center.''.
SEC. 3. INTERNET AVAILABILITY OF INFORMATION CONCERNING REGISTERED SEX
OFFENDERS.
(a) In General.--Section 170101(e)(2) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by
adding at the end the following: ``The release of information under
this paragraph shall include the maintenance of an Internet site
containing such information that is available to the public.''.
(b) Compliance Date.--Each State shall implement the amendment made
by this section within 3 years after the date of enactment of this Act,
except that the Attorney General may grant an additional 2 years to a
State that is making a good faith effort to implement the amendment
made by this section.
(c) National Internet Site.--The Crimes Against Children Section of
the Department of Justice shall create a national Internet site that
links all State Internet sites established pursuant to this section.
SEC. 4. DNA EVIDENCE.
Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a(d)) is amended to read as follows:
``(d) Qualifying Federal Offense.--For purposes of this section,
the term `qualifying Federal offense' means--
``(1) any offense classified as a felony under Federal law;
``(2) any offense under chapter 109A of title 18, United
States Code;
``(3) any crime of violence as that term is defined in
section 16 of title 18, United States Code; or
``(4) any offense within the scope of section 4042(c)(4) of
title 18, United States Code.''.
SEC. 5. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES.
Section 3283 of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``35 years''.
SEC. 6. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION
CASES.
Rule 414 of the Federal Rules of Evidence is amended--
(1) in subsection (a), by inserting ``or possession of
sexually explicit materials containing apparent minors'' after
``or offenses of child molestation''; and
(2) in subsection (d), by striking ``fourteen'' and
inserting ``18''.
SEC. 7. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
``The confidential marital communication privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
``(1) a child of either spouse; or
``(2) a child under the custody or control of either
spouse.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1826 the following:
``1826A. Marital communications and adverse spousal privilege.''.
SEC. 8. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE
INVESTIGATION OF SEXUAL CRIMES AND OTHER CRIMES AGAINST
CHILDREN.
Section 2516(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``section 1591 (sex trafficking of
children or by force, fraud, or coercion)'' after ``section
1511 (obstruction of State or local law enforcement),''; and
(2) by inserting ``section 2251A (selling or buying of
children), section 2252A (relating to material constituting or
containing child pornography), section 2260 (production of
sexually explicit depictions of a minor for importation into
the United States), sections 2421, 2422, 2423, and 2425
(relating to transportation for illegal sexual activity and
related crimes),'' after ``sections 2251 and 2252 (sexual
exploitation of children),''.
SEC. 9. INCREASE OF MAXIMUM SUPERVISED RELEASE TERM FOR SEX OFFENDERS.
Section 3583 of title 18, United States Code, is amended by adding
at the end the following:
``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding
subsection (b), the authorized term of supervised release for any
offense under chapter 109A, 110, 117, section 1201 involving a minor
victim, or section 1591 is any term of years or life.''.
SEC. 10. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES.
Title 18, United States Code, is amended--
(1) in section 1591(b)(2), by striking ``20 years'' and
inserting ``40 years'';
(2) in section 2421, by striking ``10 years'' and inserting
``20 years'';
(3) in section 2422--
(A) in subsection (a), by striking ``10 years'' and
inserting ``20 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years'';
(4) in section 2423--
(A) in subsection (a), by striking ``15 years'' and
inserting ``30 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years''; and
(5) in section 2425, by striking ``5 years'' and inserting
``10 years''.
SEC. 11. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN.
(a) Establishment of Position.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following:
``Sec. 507A. Deputy Assistant Attorney General for Crimes Against
Children
``(a) The Attorney General shall appoint a Deputy Assistant
Attorney General for Crimes Against Children.
``(b) The Deputy Assistant Attorney General shall be the head of
the Crimes Against Children Section (CACS) of the Department of
Justice.
``(c) The duties of the Deputy Assistant Attorney General shall
include the following:
``(1) To prosecute cases involving crimes against children.
``(2) To advise Federal prosecutors and law enforcement
personnel regarding crimes against children.
``(3) To provide guidance and assistance to Federal, State,
and local law enforcement agencies and personnel, and
appropriate foreign entities, regarding responses to crimes
against children.
``(4) To propose and comment upon legislation concerning
crimes against children.
``(5) Such other duties as the Attorney General may
require, including duties carried out by the head of the Child
Exploitation and Obscenity Section and the Terrorism and
Violent Crime Section of the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 31 of title 28, United States Code, is
amended by inserting after the item relating to section 507 the
following:
``507A. Deputy Assistant Attorney General for Crimes Against
Children.''.
(b) Authorization of Appropriations for CACS.--There is authorized
to be appropriated for the Department of Justice for fiscal year 2004,
such sums as necessary to carry out this section.
SEC. 12. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 18, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review the Federal Sentencing
Guidelines and policy statements relating to child abuse and
exploitation offenses, including United States Sentencing Guideline
sections 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.1, 2G1.1, 2G2.1, 2G2.2, 2G2.3,
2G2.4, and 2G3.1 to determine whether those sections are sufficiently
severe.
(b) Considerations.--In reviewing the Federal Sentencing Guidelines
in accordance with subsection (a), the United States Sentencing
Commission shall consider whether the guidelines are adequate where--
(1) the victim had not attained the age of 12 years, or had
not attained the age of 16 years;
(2) the victim died, or sustained permanent, life-
threatening or serious injury as a result of the criminal act;
(3) the victim was abducted;
(4) the victim was abused by more than 1 participant;
(5) the offense involved more than 1 victim;
(6) the ability of the victim to appraise or control his or
her conduct was substantially impaired;
(7) the offense involved a large number of visual
depictions, including multiple images of the same victim; and
(8) the offense involved material that portrays sadistic or
masochistic conduct or other depictions of violence.
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