[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 956
To amend title 18, United States Code, to provide assured punishment
for violent crimes against children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2005
Mr. Grassley (for himself and Mr. Kyl) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide assured punishment
for violent crimes 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 ``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.
``(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.
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