H.R. 382 – Reading Mode

111th CONGRESS

1st Session

H. R. 382

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

Ms. Jackson-Lee of Texas introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To create a separate DNA database for predators against children, and for other purposes.

Short title

This Act may be cited as the Save Our Children: Stop the Predators Against Children DNA Act of 2009.

Findings

Congress finds the following:

(1)

Based on sexual assaults reported to law enforcement, there are more 14-year old victims of sexual assault than victims of any other age.

(2)

In 2007, there were more victims of sexual assault between ages 3 and 17 than in any individual age group over age 17, and more victims age 2 than in any age group over 40.

(3)

Children, like 5-year-old Samantha Runnion of California, who was abducted, sexually violated, and murdered, are most likely to be victims of sexual assault, with over one-third of all sexual assaults involving a victim who was under the age of 12.

(4)

One of every 7 victims of sexual assault is under the age of 6.

(5)

Murder is the only major cause of childhood deaths that has increased over the past three decades.

(6)

Between 300,000 and 400,000 children are victims of some type of sexual abuse or exploitation every year.

(7)

More attention should be given to seeking solutions to sexual assault, exploitation, and abuse of children.

DNA database for predators against children

(a)

In general

The Attorney General shall establish and maintain, separate from any other DNA database, a database solely for the purpose of collecting the DNA information with respect to predators against children. Under regulations issued by the Attorney General, Federal, State, and local agencies and other entities may submit DNA information to the Attorney General for inclusion in the database and may compare DNA information against other DNA information in the database.

(b)

Authorization of appropriations

There are authorized to be appropriated $500,000 to establish and maintain the database required by subsection (a) for fiscal years 2010 through 2012.

Incentive grants

(a)

Program authorized

From amounts made available to carry out this section, the Attorney General shall make grants to each State that has in effect one or more programs that decrease the rate of recidivism among predators against children, for use by the State to implement improvements to such programs.

(b)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2010–2012.

Consequences for predators against children

Notwithstanding any other provision of law, if a person who is a predator against children commits a crime that would, in and of itself, establish that person as a predator against children, the sentence imposed on that person for that crime shall, without regard to any mitigating circumstance that would otherwise apply at sentencing, be the maximum authorized by law.

Definition

(a)

In general

As used in this Act, the term predator against children means a person who commits a sex crime against the person of an individual who has not attained the age of 18 years.

(b)

Statutory rape exception

The term predator against children shall not include a person who commits a sex crime against the person of an individual who has not attained the age of 18 years if—

(1)

the individual against whom such crime was committed has attained 16 years of age or older;

(2)

the person who commits such crime is not more than 4 years older than such individual; and

(3)

the conduct resulting in the commission of such crime was consensual.

(c)

Regulations

Not later than one year after the date of the enactment of this Act, the Attorney General shall issue regulations relating to the definition of sex crime as used in the definition of predator against children under this section.