Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to be on the floor with a fellow colleague in the Judiciary Committee, and we have a similar passion for children…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to be on the floor with a fellow colleague in the Judiciary Committee, and we have a similar passion for children over the years.
I am pleased to be able to acknowledge the work that the Walsh family, tragically, has had to do in honor of their son, Adam Walsh, and their reauthorization act, which has had a major impact on child violent crimes. So, in this set of bills is H.R. 1188, which I intend to speak on as it relates to protecting our children, but also are bills
H.R. 1761, H.R. 1842, and H.R. 1862, which we know would expand unjust mandatory minimum sentences.
So the Adam Walsh Act established the Sex Offender Registration Notification Act, often referred to as SORNA, as the national system for the registration of sex offenders.
Everyone knows the tragic story of young Adam Walsh and the Walsh family that has committed themselves to years of fighting against violent sex offenders who have impacted our children. The Adam Walsh Reauthorization Act, however, that is included in H.R. 6847, reflects changes recommended to SORNA by the Judiciary Committee when it last reauthorized the Adam Walsh Act in 2012 to improve the requirements for States to register sex offenders. States that fail to substantially implement SORNA are subject to a 10 percent reduction in Federal grants under the Edward Byrne Memorial Justice Assistance Grant.
Commendably, the reauthorization provisions that are included in this overall omnibus bill will allow States discretion in determining whether juvenile sex offender information will be publicly accessible via the internet, a step forward as it relates to comprehensive criminal justice reform addressing questions that recognize the difference for juveniles, and it would reduce the time that certain but not all juvenile sex offenders adjudicated as delinquent are required to register from 25 years to 15 years.
I welcome these changes as steps in the right direction, which is what happens when we work in a bipartisan manner, to address some of the existing concerns with SORNA, which I supported as H.R. 1188 last year.
Now, what has happened is that we have H.R. 6847 that incorporates a number of other bills with problematic provisions that would add new offenses to the criminal code requiring mandatory life imprisonment for certain repeat sex offenders.
No one is coddling or condoning or supporting any of these heinous acts or individuals. Under section 3559(e) of title 18 of the U.S. Code, a defendant who has been previously convicted of a felony, Federal or State, sex offense committed against a child and who is guilty of a predicate Federal sex offense against a child must be sentenced to life imprisonment.
H.R. 6847 would amend H.R. 3559 to add more Federal predicate offenses on which to base imposition of a life sentence, namely, sexual contact with a minor. Missing is the fact of not allowing judges to be involved in the sentencing of these particular offenses.
This bill would also remove the requirement that a Federal predicate offense relating to coercion or enticement of a minor be related to prostitution. As a result, this bill would allow coercion or enticement of a minor into any criminal sexual activity to serve as a basis for imposition of a mandatory life sentence. Repeat offenders, of course, would be subject to increased penalties, and, for some offenses, life imprisonment is appropriate.
Again, however, it is taking away the discretion of the judge in the review of these matters. Yet Congress should not mandate life imprisonment as the only sentencing option.
Another set of problematic provisions within H.R. 6847, unfortunately, results in the expanded imposition of mandatory minimum sentencing, and so this leads many to be concerned and to be against.
In another addition to the Federal crimes of violence already included in the statute providing penalties for failing to register as a sex offender, H.R. 6847 would add State crimes of violence as predicate offenses that, in turn, would require the imposition of a mandatory 5-year sentence to be served consecutively to any sentence imposed for failing to register or comply with sex offender registration, again, taking away the discretion of the court.
The bill would also add prior military child sex offenses to several recidivist sentencing provisions, most of which carry mandatory minimum penalties of at least 15 years to life.
Lastly, the bill would amend section 2251 to create two new offenses that prohibit causing the production of a visual depiction of a minor engaged in sexually explicit conduct and the transmission or causing the transmission of a live visual depiction of a minor engaged in sexually explicit conduct, such as live-streaming.
In effect, these provisions would add a new class of offenders subject to mandatory minimum sentencing, specifically 15 to 30 years in prison. Yet this bill fails to provide any Romeo and Juliet exceptions. Consequently, the penalties apply even when conduct is consensual and when the victim and offender are close in age.
For example, if a 19-year-old and 17-year-old videoed themselves engaged in a sexual act and email the video to their own email account, the 19-year-old would be subject to mandatory minimums set by section 2251 as amended by this bill. That is why I offered an amendment when this issue was last heard before our committee.
My amendment would have been the Romeo and Juliet, which would have simply amended the provision that defines which juvenile adjudications of delinquency qualify as offenses which trigger mandatory registration.
As harsh as we need to be on these offenses, I am also concerned that we look to the reform of the juvenile system and not criminalize acts between juveniles. It would have added a new requirement that an adjudication for an otherwise qualifying offense would trigger the registration only if the judge presiding over the delinquency proceedings finds that the registration is necessary to protect the public safety based on a variety of factors.
We all have the same common goal, and that common goal is to protect our children; but, unfortunately, there are children who are actors in this, and we want to allow the judge to discern what harsh penalties they should get. Frankly, my Romeo and Juliet amendment would have responded to two kids doing what kids sometimes do. Unfortunately, those provisions were not included.
For far too long, the Federal criminal justice system has relied on an unsustainable system of mass incarceration that is largely driven by inflexible mandatory minimum sentences. Mandatory minimums are not necessary to impose appropriate sentences.
The judge at sentencing has all the information he or she needs to impose a sentence commensurate with the crime committed and the culpability of the offender. Therefore, I note the issues that we have with a good bill and then the imposition of mandatory minimums.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the gentleman from Virginia (Mr. Scott), the ranking member of the Committee on Education and the Workforce and former member of the House Judiciary Committee.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, those who commit crimes against children--as I started out, I have been engaged in the tragedy of Adam Walsh from almost the very beginning and certainly support that legislation, but we realize that we must be very vigilant as relates to our children. There is no quarrel with that.
There is a question of mandatory minimums and the importance of giving our courts that discretion. So those who commit crimes against children deserve to be punished, and repeat offenders most certainly deserve to face increased penalties.
Nevertheless, there is a mass of us who have seen the results of mandatory minimums that result in mass incarceration. I oppose mandatory minimum sentencing and, therefore, this legislation. I believe that judges are best suited to determine just and appropriate punishment in these matters. It would have been more appropriate to separate out the Adam Walsh reauthorization legislation.
Even conservative groups agree that expanding the imposition of mandatory minimum sentences is costly and unjust. Yet, without mandatory minimum sentences, individuals convicted of serious offenses would still receive appropriately lengthy sentences.
Mr. Speaker, let me say that again. Yet, without mandatory minimum sentences, individuals convicted of serious offenses would still receive appropriately lengthy sentences.
How can we underestimate the judgment of our Federal courts and others who see these cases and know the dastardliness of them? We should not create a one-size-fits-all policy approach.
For the foregoing reasons, I would like to have these bills divided so that we can move on good bills and begin to work together for the appropriate way to punish, and punish strongly, but not build on the mountain of mass incarceration.
Mr. Speaker, I rise in opposition to H.R. 6847, the ``Preventing Child Exploitation Act of 2018,'' for several reasons.
Regrettably, I must oppose this bill because, although it substantially includes the text of H.R. 1188, the ``Adam Walsh Reauthorization Act,'' which both the House Judiciary Committee and the House passed last year, H.R. 6847 also includes the text of three other bills, H.R. 1761, H.R. 1842, and H.R. 1862 that, although the House passed last year, would expand the scope of unjust mandatory minimum sentencing provisions.
The Adam Walsh Act established the Sex Offender Registration and Notification Act--often referred to as ``SORNA''--as a national system for the registration of sex offenders.
The Adam Walsh Reauthorization Act, as included in H.R. 6847, reflects changes recommended to SORNA by the Judiciary Committee when it last reauthorized the Adam Walsh Act in 2012 to improve the requirements for states to register sex offenders.
States that fail to substantially implement SORNA are subject to a 10% reduction in federal grants under the Edward Byrne Memorial Justice Assistance Grant Program.
Commendably, the reauthorization provisions included in H.R. 6847 would allow states discretion in determining whether juvenile sex offender information will be publicly accessible via the Internet.
And, it would reduce the time that certain, but not all, juvenile sex offenders adjudicated as delinquent are required to register from 25 years to 15 years.
I welcome these changes as steps in the right direction to address some of the existing concerns with SORNA, which is why I supported H.R. 1188 last year.
Unfortunately, H.R. 6847 also incorporates a problematic provision that would add new offenses to the Criminal Code requiring mandatory life imprisonment for certain repeat sex offenders.
Under Section 3559(e) of Title 18 of the U.S. Code, a defendant who has been previously convicted of a felony federal or state sex offense committed against a child--and who is guilty of a predicate federal sex offense against a child--must be sentenced to life in prison.
H.R. 6847 would amend Section 3559 to add more federal predicate offenses on which to base imposition of a life sentence, namely sexual contact with a minor under the age of 12, aggravated sexual contact with minors between the ages of 12 and 15, and illicit sexual conduct with a minor abroad by a U.S. citizen.
The bill would also remove the requirement that a federal predicate offense relating to coercion or enticement of a minor be related to prostitution.
As a result, this bill would allow coercion or enticement of a minor into any criminal sexual activity to serve as a basis for imposition of a mandatory life sentence.
Repeat offenders should, of course, be subject to increased penalties, and for some offenses life imprisonment is appropriate. Yet, Congress should not mandate life imprisonment as the only sentencing option.
Another set of problematic provisions within H.R. 6847 unfortunately results in the expanded imposition of mandatory minimum sentences.
In addition to the federal crimes of violence already included in the statute providing penalties for failing to register as a sex offender, H.R. 6847 would add state crimes of violence as predicate offenses that, in turn, would require the imposition of a mandatory 5-year prison sentence to be served consecutively to any sentence imposed for failing to register or comply with sex offender registration.
And, the bill would also add prior military child sex offenses to several recidivist sentencing provisions, most of which carry mandatory minimum penalties of at least 15 years or life.
Lastly, H.R. would amend section 2251 to create two new offenses that would prohibit causing the production of a visual depiction of a minor engaged in sexually explicit conduct; and the transmission, or causing the transmission of, a live visual depiction of a minor engaged in sexually explicit conduct, such as live streaming. In effect, these provisions would add new classes of offenders subject to mandatory minimum sentencing, specifically 15 to 30 years in prison. Yet, this bill fails to provide any ``Romeo and Juliet'' exceptions.
Consequently, the penalties apply even when conduct is consensual and when the victim and offender are close in age. For example, if a 19- year-old and a 17-year-old videoed themselves engaged in a sexual act, then emailed the video to their own email accounts, the 19-year-old would be subject to the mandatory minimums set by Section 2251, as amended by this bill.
Unfortunately, the commendable provisions to reauthorize the Adam Walsh Act in H.R. 6847 are weighed down by the bill's inclusion of various problematic proposals that will expand mandatory minimum sentencing.
For far too long, the federal criminal justice system has relied on an unsustainable system of mass-incarceration that is largely driven by inflexible mandatory minimum sentencing.
Mandatory minimums are not necessary to impose appropriate sentences. The judge at
sentencing has all the information he or she needs to impose a sentence commensurate with the crime committed and the culpability of the offender.
Therefore, I must oppose this bill and urge my colleagues to do the same.
Those who commit crimes against children deserve to be punished and repeat offenders most certainly deserve to face increased penalties.
Nevertheless, I oppose mandatory minimum sentencing and, therefore, I must oppose this legislation. I believe that judges are best suited to determine just and appropriate punishments in these matters.
Even conservative groups agree that expanding the imposition of mandatory minimum sentences is costly and unjust. Yet, without mandatory minimum sentences, individuals convicted of serious offenses would still receive appropriately lengthy sentences, but we should not create a one-size-fits-all policy approach.
For the foregoing reasons, I urge my colleagues to oppose H.R. 6847.
Mr. Speaker, I yield back the balance of my time.