Protection of Children From Sexual Predators Act of 1998
Became Public Law No: 105-314.
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Summary
35Passed Senate amendedJan 11, 2001
TABLE OF CONTENTS: Title I: Protection of Children From Predators Title II: Protection of Children From Child Pornography Title III: Sexual Abuse Prevention Title IV: Prohibition on Transfer of Obscene Material to Minors Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders Title VI: Criminal, Procedural, and Administrative Reforms Title VII: Murder and Kidnapping Investigations Title VIII: Restricted Access to Interactive Computer Services Title IX: Studies Protection of Children From Sexual Predators Act of 1998 - Title I: Protection of Children From Predators - Amends the Federal criminal code to prohibit, and set penalties for, using the mail or any facility or means of interstate or foreign commerce to knowingly initiate the transmission of the name, address, telephone number, social security number, or electronic mail address of a person under age 16 with intent to entice, encourage, offer, or solicit any person to engage in illegal sexual activity. (Sec. 102) Increases penalties for: (1) coercing or enticing an individual to travel in interstate or foreign commerce to engage in prostitution or criminal sexual activity (and applies such penalties to attempting to do so); and (2) using any means of interstate or foreign commerce to coerce or entice any individual under age 18 to engage in such activity. (Sec. 103) Increases penalties for: (1) transportation of minors with intent to engage in illegal sexual activity (and applies such penalties to attempting to do so); and (2) travel with intent to engage in a sexual act with a juvenile. (Sec. 104) Doubles the maximum term of imprisonment for a violation of provisions regarding transportation of a minor for illegal sexual activity after a prior sex offense conviction. (Sec. 105) Includes the production of child pornography within the definition of "sexual activity for which any person can be charged with a criminal offense." (Sec. 106) Modifies the general prohibition against transportation for illegal sexual activity and related crimes to increase penalties and to apply such penalties to attempting such transportation. Title II: Protection of Children From Child Pornography - Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in interstate or foreign commerce, including by computer. Increases penalties for distribution of child pornography or sexual exploitation of children after a previous conviction of transporting another person for illegal sexual activity and related crimes. (Sec. 203) Applies code provisions prohibiting knowingly possessing material containing the visual depiction of a minor engaging in sexually explicit conduct to the possession of one or more (currently, three or more) items of such material. Applies provisions prohibiting knowingly possessing child pornography to material containing an image (currently, three or more images) of child pornography. Makes it an affirmative defense to a charge of violating such prohibitions that the defendant: (1) possessed fewer than three such items or images; and (2) promptly and in good faith, without retaining or allowing any person other than a law enforcement agency to access any such visual depiction or image, took reasonable steps to destroy it or reported the matter to a law enforcement agency and afforded that agency access to each such depiction or image. Title III: Sexual Abuse Prevention - Doubles the maximum term of imprisonment for abusive sexual contact with an individual who has not attained age 12. (Sec. 303) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction. Title IV: Prohibition on Transfer of Obscene Material to Minors - Prohibits and sets penalties for: (1) using the mail or any facility or means of interstate or foreign commerce to knowingly transfer obscene matter to another individual known to be under age 16; and (2) attempting to do so. Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders - Provides that any person convicted of a Federal offense that is a serious violent felony or a violation constituting coercion or enticement to travel to engage in illegal sexual activity, transportation with intent to engage in illegal sexual activity or in a sexual act with a juvenile, or sexual exploitation of a child, shall, unless the death sentence is imposed, be sentenced to life imprisonment if the victim is under age 14 and dies as a result of the offense, provided the defendant, in the course of the offense, engaged in specified conduct for which the death penalty would be imposed. Authorizes the court to impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has committed an offense, or for other good cause. (Sec. 502) Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement for: (1) offenses involving transportation of minors for illegal sexual activity and related crimes; (2) use of a computer with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; (3) knowing misrepresentation with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; and (4) a pattern of activity of sexual exploitation of a minor. (Sec. 506) Directs the Commission to: (1) review the guidelines relating to the distribution of pornography and the abuse of children; and (2) promulgate any necessary amendments to clarify that the term "distribution of pornography" applies to such distribution for monetary remuneration or for a nonpecuniary interest. (Sec. 507) Directs the Commission, in carrying out this title, to: (1) ensure reasonable consistency with other guidelines; and (2) avoid duplicative punishment for substantially the same offense. Title VI: Criminal, Procedural, and Administrative Reforms - Provides for pretrial detention of persons who commit specified Federal sex offenses involving transportation of a minor for illegal sexual activity. (Sec. 602) Provides for criminal and civil forfeiture for specified offenses against minors. (Sec. 604) Requires electronic communication service and remote computing service providers (providers) to report as soon as reasonably possible to law enforcement agencies designated by the Attorney General any knowledge of facts or circumstances from which a violation of specified offenses involving child pornography is apparent. Sets fines for initial and subsequent failures to make a required report. Specifies that: (1) no provider or user of such a service shall be held liable for any action taken in good faith to comply with this section; (2) a report under this section may include information or material developed by such a service, but the Federal Government may not require the production of such information or material in that report; and (3) nothing in this section may be construed to require a provider to monitor any user, subscriber, or customer, or the content of any communication of any such person. Sets forth conditions for and an exception to disclosure of information contained within reports. (Sec. 605) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries. (Sec. 606) Authorizes the Attorney General, in any investigation of alleged violations of provisions regarding child abuse and child sexual exploitation, to issue in writing and cause to be served a subpoena requiring: (1) a provider to disclose the name, address, local and long distance telephone toll billing record, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber utilized which may be relevant to an authorized law enforcement inquiry; or (2) a custodian of records to give testimony concerning the production and authentication of such records or information. Sets forth provisions regarding payment of witness fees and applicable procedures for service and enforcement. (Sec. 607) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to require the Director of the Bureau of Justice Assistance to carry out a Sex Offender Management Assistance Program (SOMA program) under which the Director shall award a grant to each eligible State to offset costs directly associated with complying with sexually violent offender registration requirements. Requires each grant awarded to be: (1) distributed directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with such compliance. Sets forth eligibility requirements. Authorizes appropriations. Requires the Director to: (1) promulgate regulations; (2) study the feasibility of incorporating into the SOMA program certain training programs or technical assistance; and (3) conduct a study to assess the efficacy of the program and submit recommendations to the Congress. Title VII: Murder and Kidnapping Investigations - Amends the Federal judicial code to authorize the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to investigate serial killings when requested by the head of a State or local law enforcement agency. (Sec. 702) Amends the Federal criminal code to specify that: (1) the kidnapping offense applies regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began; and (2) the fact that a presumption that a person has been transported in interstate or foreign commerce has not yet taken effect because 24 hours haven't passed since the abduction does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended. (Sec. 703) Directs the Attorney General to establish within the FBI the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Sets forth reporting requirements. Authorizes appropriations. Repeals VCCLEA provisions establishing a Missing and Exploited Children's Task Force. Title VIII: Restricted Access to Interactive Computer Services - Prohibits any Federal agency, officer, or employee from implementing or providing financial assistance to any Federal program or activity in which a Federal prisoner is allowed access to any electronic communication or remote computing service without the supervision of a Government official. Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners. (Sec. 803) Directs the Attorney General to conduct, and report to the Congress on, a survey of the States to determine to what extent each State (including the District of Columbia) allows prisoners access to any interactive computer service and whether such access is supervised by a prison official. Title IX: Studies - Directs the Attorney General to: (1) request that the National Academy of Sciences, acting through its National Research Council, enter into a contract to study computer-based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet in order to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem; and (2) study existing State programs for informing the public about the presence of sexual predators released from prison and the feasibility of establishing a national hotline for parents to access an FBI database that tracks the location of convicted sexual predators. Sets forth reporting requirements.
01Reported to Senate with amendment(s)Jan 11, 2001
TABLE OF CONTENTS: Title I: Protection of Children From Predators Title II: Protection of Children From Child Pornography Title III: Sexual Abuse Prevention Title IV: Prohibition on Transfer of Obscene Material to Minors Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders Title VI: Criminal, Procedural, and Administrative Reforms Title VII: Murder and Kidnapping Investigations Title VIII: Restricted Access to Interactive Computer Services Title IX: Studies Protection of Children From Sexual Predators Act of 1998 - Title I: Protection of Children From Predators - Amends the Federal criminal code to prohibit, and set penalties for, using the mail or any facility or means of interstate or foreign commerce to knowingly initiate the transmission of the name, address, telephone number, social security number, or electronic mail address of a person under age 16 with intent to entice, encourage, offer, or solicit any person to engage in illegal sexual activity. (Sec. 102) Increases penalties for: (1) coercing or enticing an individual to travel in interstate or foreign commerce to engage in prostitution or criminal sexual activity (and applies such penalties to attempting to do so); and (2) using any means of interstate or foreign commerce to coerce or entice any individual under age 18 to engage in such activity. (Sec. 103) Increases penalties for: (1) transportation of minors with intent to engage in illegal sexual activity (and applies such penalties to attempting to do so); and (2) travel with intent to engage in a sexual act with a juvenile. (Sec. 104) Doubles the maximum term of imprisonment for a violation of provisions regarding transportation of a minor for illegal sexual activity after a prior sex offense conviction. (Sec. 105) Includes the production of child pornography within the definition of "sexual activity for which any person can be charged with a criminal offense." (Sec. 106) Modifies the general prohibition against transportation for illegal sexual activity and related crimes to increase penalties and to apply such penalties to attempting such transportation. Title II: Protection of Children From Child Pornography - Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in interstate or foreign commerce, including by computer. Increases penalties for distribution of child pornography or sexual exploitation of children after a previous conviction of transporting another person for illegal sexual activity and related crimes. Title III: Sexual Abuse Prevention - Doubles the maximum term of imprisonment for abusive sexual contact with an individual who has not attained age 12. (Sec. 303) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction. Title IV: Prohibition on Transfer of Obscene Material to Minors - Prohibits, and sets penalties for: (1) using the mail or any facility or means of interstate or foreign commerce to knowingly transfer obscene matter to another individual known to be under age 16; and (2) attempting to do so. Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders - Provides that any person convicted of a Federal offense that is a serious violent felony or a violation constituting coercion or enticement to travel to engage in illegal sexual activity, transportation with intent to engage in illegal sexual activity or in a sexual act with a juvenile, or sexual exploitation of a child, shall, unless the death sentence is imposed, be sentenced to life imprisonment if the victim is under age 14 and dies as a result of the offense, provided the defendant, in the course of the offense, engaged in specified conduct for which the death penalty would be imposed. Authorizes the court to impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has committed an offense, or for other good cause. (Sec. 502) Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement for: (1) offenses involving transportation of minors for illegal sexual activity and related crimes; (2) use of a computer with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; (3) knowing misrepresentation with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; and (4) a pattern of activity of sexual exploitation of a minor. (Sec. 506) Directs the Commission to: (1) review the guidelines relating to the distribution of pornography and the abuse of children; and (2) promulgate any necessary amendments to clarify that the term "distribution of pornography" applies to such distribution for monetary remuneration or for a nonpecuniary interest. (Sec. 507) Directs the Commission, in carrying out this title, to: (1) ensure reasonable consistency with other guidelines; and (2) avoid duplicative punishment for substantially the same offense. Title VI: Criminal, Procedural, and Administrative Reforms - Provides for pretrial detention of persons who commit specified Federal sex offenses involving transportation of a minor for illegal sexual activity. (Sec. 602) Provides for criminal and civil forfeiture for specified offenses against minors. (Sec. 604) Requires electronic communication service and remote computing service providers (providers) to report as soon as reasonably possible to law enforcement agencies designated by the Attorney General any knowledge of facts or circumstances that provide probable cause to believe that a violation of specified offenses involving child pornography has occurred. Sets fines for initial and subsequent failures to make a required report. Specifies that: (1) no provider or user of such a service shall be held liable for any action taken in good faith to comply with this section; (2) a report under this section may include information or material developed by such a service, but the Federal Government may not require the production of such information or material in that report; and (3) nothing in this section may be construed to require a provider to monitor any user, subscriber, or customer, or the content of any communication of any such person. Sets forth conditions for and an exception to disclosure of information contained within reports. (Sec. 605) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries. (Sec. 606) Authorizes the Attorney General, in any investigation of alleged violations of provisions regarding child abuse and child sexual exploitation, to issue in writing and cause to be served a subpoena requiring: (1) a provider to disclose the name, address, local and long distance telephone toll billing record, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber utilized which may be relevant to an authorized law enforcement inquiry; or (2) a custodian of records to give testimony concerning the production and authentication of such records or information. Sets forth provisions regarding payment of witness fees and applicable procedures for service and enforcement. (Sec. 607) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to require the Director of the Bureau of Justice Assistance to carry out a Sex Offender Management Assistance Program (SOMA program) under which the Director shall award a grant to each eligible State to offset costs directly associated with complying with sexually violent offender registration requirements. Requires each grant awarded to be: (1) distributed directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with such compliance. Sets forth eligibility requirements. Authorizes appropriations. Requires the Director to: (1) promulgate regulations; (2) study the feasibility of incorporating into the SOMA program certain training programs or technical assistance; and (3) conduct a study to assess the efficacy of the program and submit recommendations to the Congress. Title VII: Murder and Kidnapping Investigations - Amends the Federal judicial code to authorize the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to investigate serial killings when requested by the head of a State or local law enforcement agency. (Sec. 702) Amends the Federal criminal code to specify that: (1) the kidnapping offense applies regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began; and (2) the fact that a presumption that a person has been transported in interstate or foreign commerce has not yet taken effect because 24 hours haven't passed since the abduction does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended. (Sec. 703) Directs the Attorney General to establish within the FBI the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Sets forth reporting requirements. Authorizes appropriations. Repeals VCCLEA provisions establishing a Missing and Exploited Children's Task Force. Title VIII: Restricted Access to Interactive Computer Services - Prohibits any Federal agency, officer, or employee from implementing or providing financial assistance to any Federal program or activity in which a Federal prisoner is allowed access to any electronic communication or remote computing service without the supervision of a Government official. Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners. (Sec. 803) Directs the Attorney General to conduct, and report to the Congress on, a survey of the States to determine to what extent each State (including the District of Columbia) allows prisoners access to any interactive computer service and whether such access is supervised by a prison official. Title IX: Studies - Directs the Attorney General to: (1) request that the National Academy of Sciences, acting through its National Research Council, enter into a contract to study computer- based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet in order to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem; and (2) study existing State programs for informing the public about the presence of sexual predators released from prison and the feasibility of establishing a national hotline for parents to access an FBI database that tracks the location of convicted sexual predators. Sets forth reporting requirements.
36Passed House amendedJan 11, 2001
TABLE OF CONTENTS: Title I: Protecting Children from Sexual Predators and Computer Pornography Title II: Punishing Sexual Predators Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers Title IV: Restricted Access to Interactive Computer Service Title V: Sex Offender Management Assistance Program Title VI: Facilitating Fingerprint Checks to Protect Children From Sexual Predators and Violent Criminals Title VII: Model Notification Title VIII: Child Hostage-Taking to Evade Arrest or Obstruct Justice Title IX: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: Grants to Encourage Arrest Policies Title X: Limiting the Effects of Violence on Children Title XI: Sexual Assault Prevention Subtitle A: Standards, Practice, and Training for Sexual Assault Examinations Act Subtitle B: Prevention of Custodial Sexual Assault by Correctional Staff Act Title XII: Full Faith and Credit for Protection Orders Title XIII: Federal Witness Protection for Victims of Domestic Violence Title XIV: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence Title XV: Preventing Violence Against Women in Traditionally Underserved Communities Title XVI: Violence Against Women Training for Health Professions Title XVII: Violence Against Women Intervention, Prevention, and Education Research Subtitle A: Violence Against Women Prevention, Detection and Investigation Research Title XVIII: Public Access to FBI Database on Sexual Offenders Title XIX: Limiting Availability of Pornography on Computers Child Protection and Sexual Predator Punishment Act of 1998 - Title I: Protecting Children from Sexual Predators and Computer Pornography - Amends the Federal criminal code to subject to a fine and five years' imprisonment anyone who, using the mail or any facility of interstate or foreign commerce: (1) or who within the special maritime and territorial jurisdiction of the United States, knowingly contacts (or attempts to contact) an individual who has not attained age 18, or who has been represented to the person making the contact as not having attained age 18, for purposes of engaging in criminal sexual activity (but makes it a defense to such a prosecution that the sexual activity is prosecutable only because of the age of the individual contacted, the individual contacted had attained age 12, and the defendant was not more than four years older than the individual contacted); or (2) knowingly transfers obscene matter to such an individual. (Sec. 103) Increases penalties for: (1) enticing or coercing any person under age 18 to engage in prostitution or criminal sexual activity or to travel in interstate or foreign commerce to engage in such activity; and (2) using any facility of interstate or foreign commerce, including the mail, to entice or coerce such an individual to engage in such activity. (Sec. 104) Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that had been mailed, shipped, or transported in interstate or foreign commerce, including through use of a computer. (Sec. 105) Increases penalties for: (1) distribution of child pornography or sexual exploitation of children after a previous conviction of a specified offense involving transportation of another person for illegal sexual activity and related crimes; and (2) possessing 50 or more images of or items containing child pornography. Prohibits: (1) knowingly possessing a book, magazine, periodical, computer disk, film, videotape, or other matter which contains a visual depiction of sexually explicit conduct the production of which involves the use of a minor engaging in that conduct (current law prohibits possession of three or more such books or other matter and makes no reference to computer disks); and (2) knowingly possessing any such matter that contains an image (currently, three or more images) of child pornography. (Sec. 106) Provides for criminal forfeiture for Federal sex crimes, including: (1) transportation of a minor for illegal sexual activity; (2) coercion or enticement of a minor to engage in criminal sexual activity; (3) transportation in interstate commerce with intent to engage in criminal sexual activity with a minor; (4) transmitting child pornography in interstate commerce; and (5) production of child pornography. (Sec. 107) Provides for pretrial detention of persons who commit specified Federal sex offenses involving transportation of a minor for illegal sexual activity. (Sec. 108) Sets: (1) a three-year minimum term of imprisonment for using a computer to entice or coerce any individual under age 18 to engage in prostitution or a criminal sexual act; and (2) the maximum term of imprisonment for a violation of provisions regarding transportation of a minor for illegal sexual activity after a prior sex offense conviction at twice the term otherwise provided. (Sec. 110) Includes: (1) the production of child pornography among sexual activities chargeable as criminal offenses involving interstate transportation; and (2) attempting to coerce or entice a person to travel in interstate or foreign commerce to engage in an illegal sexual activity as a criminal offense. (Sec. 111) Prohibits and sets penalties for knowingly transmitting, printing, publishing, or reproducing the name, address, telephone number, electronic mail address, or other identifying information of a minor for the purposes of facilitating, encouraging, offering, or soliciting any person to engage in illegal sexual activity. (Sec. 112) Directs the National Institute of Justice to carry out a study of persistent sexual predators and submit to the Congress and the President a report including a synthesis of current research and an agenda for future research. (Sec. 113) Requires electronic communication service and remote computing service providers to report as soon as reasonably possible to an agency or agencies designated by the Attorney General any knowledge of facts or circumstances from which a violation of specified offenses involving child pornography is apparent. Sets a fine for failure to make a required report. Specifies that: (1) no provider or user of such a service shall be held liable for any action taken in good faith to comply with this section; and (2) a report under this section may include information or material developed by such a service, but the Federal Government may not require that service to include such information or material in that report. Title II: Punishing Sexual Predators - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement, and increases penalties, for transportation of a minor or a person represented to be a minor with intent to engage in criminal sexual activity and for travel with intent to engage in a sexual act with a minor or assumed minor. Increases the maximum prison sentence for such offense from ten to 15 years. (Sec. 203) Doubles penalties for abusive sexual contact where the victim is under age 12. (Sec. 204) Requires persons who violate aggravated sexual abuse provisions, or who engage in specified conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, after having been convicted twice previously of a serious State or Federal sex crime, to be imprisoned for life. (Sec. 205) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction. (Sec. 206) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries. (Sec. 208) Requires that any person convicted of a Federal offense that is a serious violent felony or the sexual exploitation of a child, unless the death sentence is imposed, be sentenced to life in prison if the victim is under age 14 and dies as a result of the offense, provided the defendant engaged in specified conduct for which the death penalty would be imposed. Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers - Amends the Federal criminal code to authorize the Attorney General, in investigations of alleged violations of provisions regarding sexual abuse of children, to subpoena witnesses and compel the production of records deemed relevant or material to the investigation. (Sec. 302) Provides that the fact that a presumption that a person has been kidnapped if the victim is not released within 24 hours has not yet taken effect does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended. Includes the following among the jurisdictional elements for kidnapping: (1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; and (2) the offense affects interstate or foreign commerce, or would do so if the offense were consummated. Specifies that the kidnapping offense applies regardless of whether such person was alive when transported across a State boundary, provided the person was alive when the transportation began. (Sec. 303) Amends the Federal judicial code to authorize the Attorney General and the Federal Bureau of Investigation (FBI) to investigate serial killings when requested by the head of a State or local law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 304) Directs the Attorney General to establish the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Authorizes appropriations. Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) establishing a Missing and Exploited Children's Task Force. Title IV: Restricted Access to Interactive Computer Service - Prohibits any Federal agency, officer, or employee from implementing, or providing financial assistance to, any Federal program or activity in which a Federal prisoner is allowed access to any interactive computer service without the supervision of a Government official. (Sec. 402) Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners. (Sec. 403) Directs the Attorney General to conduct and report to the Congress on a survey of the States to determine to what extent each State (including the District of Columbia) allows prisoners access to any interactive computer service and whether such access is supervised by a prison official. Title V: Sex Offender Management Assistance Program - Amends VCCLEA to require the Director of the Bureau of Justice Assistance to award a grant to each eligible State to offset costs directly associated with complying with the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (Wetterling Act). Names such grant program the Sex Offender Management Assistance Program (SOMA). Directs that grants awarded be: (1) given directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with complying with the Wetterling Act. Sets for eligibility requirements. Requires the Director to conduct a study to assess the efficacy of SOMA and submit recommendations to the Congress. Authorizes appropriations. Title VI: Facilitating Fingerprint Checks to Protect Children From Sexual Predators and Violent Criminals - Volunteers for Children Act - Amends the National Child Protection Act of 1993 to provide that, in the absence of State procedures that require qualified entities designated by the State to contact an authorized State agency to request a nationwide background check to determine whether a provider has been convicted of a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities, youth-serving volunteer organizations and institutions may contact an authorized State agency to request national criminal fingerprint background checks. Reauthorizes funding for improvement of child abuse crime information for FY 1999 through 2002. Title VII: Model Notification - Expresses the sense of the Congress that each State should enact legislation based on a specified model notification process providing for public notification of the release of sexually violent offenders. (Sec. 702) Requires the State to establish an Advisory Board for Risk Assessment (consisting of not less than five members appointed by the Chief Executive Officer (CEO) of the State) which shall comply with requirements and guidelines of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program and this Act. (Sec. 703) Directs that: (1) the State CEO or a designee develop guidelines and procedures for use by the Board to assess the risk of a repeat offense by a sex offender and the threat posed to the public safety; (2) any State or local correctional facility, hospital, or institution forward relevant information pertaining to a sex offender to be discharged, paroled, or released to the Board for review prior to the release or discharge, including commitment, medical, and treatment files; (3) all confidential records so provided remain confidential, unless otherwise ordered by a court; and (4) the Board use such guidelines to recommend to an appropriate State court one of three levels of notification, based on the risk of a repeat offense and whether there exists a threat to public safety. (Sec. 705) Requires an appropriate State court to make a determination with respect to the level of notification. Directs the court: (1) to review any victim statements and any materials submitted by the offender; and (2) to allow the offender to appear and be heard and to inform the offender of the right to appointed counsel. Sets forth provisions regarding: (2) appeals of such determinations, notification and registration, and expungement of records upon reversal of a sex offense conviction; and (2) penalties for misuse of registration information. (Sec. 707) Requires: (1) a juvenile who has been adjudicated delinquent for any sex offense or attempted sex offense, who has been convicted of any such offense, or who has been acquitted by reason of insanity for any such offense to comply with Wetterling registration requirements; and (2) any person who is discharged or paroled from a facility in another State that is equivalent to a Department of the Youth Authority to the custody of such a facility because of the commission or attempted commission of specified sex offenses to register. (Sec. 708) Grants immunity to any official, employee, or agency, whether public or private, from civil or criminal liability for damages for any discretionary decision to release relevant and necessary information under this section, with exceptions for acting with gross negligence or in bad faith. (Sec. 709) Requires: (1) any information identifying the victim by name, birth date, address, or relation to the registrant to be excluded from public access or dissemination; (2) the State CEO to establish reasonable notification requirements and to appoint a voluntary advisory council to design a policy to assist communities in which a sex offender resides to plan and prepare for such a resident; and (3) the department required to coordinate the sex offender registration program to compile and update information regarding the offenders. Provides for the removal from any public database of any offender whose duty to register has expired or who has been relieved of the duty to register. Title VIII: Child Hostage-Taking to Evade Arrest or Obstruct Justice - Prohibits and sets penalties for using force, or threatening to use force, against any Federal officer or agency, and seizing or detaining a child (or attempting to do so) to: (1) obstruct, resist, or oppose any Federal officer or other person duly authorized in serving or executing any legal or judicial writ, process, or warrant of any court of the United States; or (2) compel any Federal department or agency to do or abstain from doing any act. Title IX: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Authorizes the Attorney General to: (1) make grants to assist States, Indian tribal governments, and local governments to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women by providing for personnel, training, technical assistance, data collection, and equipment for the more widespread apprehension, prosecution, and adjudication of persons committing such crimes; and (2) request any Federal agency to provide non-monetary assistance (e.g., the use of agency personnel, equipment, facilities, and advisory services) in support of State, tribal, and local assistance efforts. Sets forth reporting requirements. (Sec. 905) Prohibits a State, Indian tribal government, or local government from being entitled to funds under this subtitle unless it: (1) or another governmental entity incurs the full out-of-pocket cost of forensic medical exams for victims of sexual assault; and (2) certifies (or assures) that its laws, policies, and practices do not (or, within a specified period, will not) require that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or with the issuance or service of a warrant, protection order, or witness subpoena. Provides for the pro rata redistribution of withheld funds. (Sec. 907) Authorizes appropriations. Subtitle B: Grants to Encourage Arrest Policies - Authorizes the Attorney General to make grants to States, Indian tribal governments, and local governments to: (1) implement mandatory arrest or proarrest programs and policies in police departments, including for protection order violations; (2) develop policies and training in police departments to improve tracking of domestic violence cases; (3) centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges; (4) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (5) educate judges in criminal and other courts about domestic violence and improve judicial handling of such cases. Sets forth grant eligibility criteria and grantee reporting requirements. Authorizes appropriations. Title X: Limiting the Effects of Violence on Children - Makes it a defense to a charge of parental abduction, custodial interference, or felony criminal contempt of court related to an underlying child custody or visitation determination that the individual: (1) acted pursuant to a valid court order which granted the defendant legal custody or visitation rights, was obtained in compliance with Federal judicial code provisions regarding full faith and credit given to child custody determinations (judicial code full faith provisions), is not inconsistent with such provisions or with the Uniform Child Custody Jurisdiction Enforcement Act, and was in effect at the time the defendant left the State; (2) was fleeing an incident or pattern of domestic violence or sexual assault of the child which had been previously reported to law enforcement authorities; or (3) would otherwise have a defense under the terms of the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidance to assist the United States Attorneys and the FBI in determining when to decline to initiate or terminate an investigation or prosecution due to the potential availability of any defense. (Sec. 1002) Specifies that judicial code full faith provisions are intended to preempt any inconsistent State law and to apply to every proceeding in the United States or its territories that is not governed by inconsistent aspects of any treaty to which the U.S. Government is a signatory or has ratified that involves custody and visitation concerning a minor child. Modifies judicial code full faith provisions to: (1) provide that a child custody determination made by a State court is consistent with such provisions only if specified conditions are met, including that it is necessary in an emergency to protect the child because he, or a sibling or parent of the child, has been subjected to or threatened with mistreatment or abuse, including acts of domestic violence by the other parent; and (2) require the court of the original State, after two years have passed while a child is living in another State after relocation due to domestic violence or sexual assault of the child, to decline jurisdiction provided that the courts of the new State would have personal jurisdiction over the other parent under that State's law. Authorizes a court to decline to exercise jurisdiction on behalf of a parent who has: (1) engaged in domestic violence as a predominant aggressor if a court of another State has emergency jurisdiction; and (2) wrongfully taken the child from a State without jurisdiction, or engaged in similar unjustifiable conduct, unless no other State would have jurisdiction. Title XI: Sexual Assault Prevention - Subtitle A: Standards, Practice, and Training for Sexual Assault Examinations Act - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate existing standards of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training; (2) recommend sexual assault examination training for all health care students to improve the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate evidence collection; and (3) review existing national, State, and local protocols on sexual assault for forensic examinations, develop a recommended national protocol, and establish a mechanism for its nationwide dissemination. Sets forth reporting requirements. Authorizes appropriations. Subtitle B: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States guidelines for the prevention of custodial sexual misconduct by correctional staff that: (1) prohibit a State department of corrections from hiring correctional staff who have been convicted on criminal charges, or found liable in civil suits, for custodial sexual misconduct; and (2) require each such department to maintain databases including the names and identifying information of such individuals and to check such databases prior to hiring any correctional staff. Requires that such database information be submitted to the Department of Justice (DOJ) where it will be maintained and updated on a national database. Sets forth provisions regarding the release of data and State ineligibility to receive a portion of VCCLEA funds for failure to implement the program described in this section. Title XII: Full Faith and Credit for Protection Orders - Directs the Attorney General to reduce by ten percent, for redistribution to complying States, the amount a State would receive under the drug control and system improvement grant (Byrne) program for noncompliance with provisions regarding full faith and credit given to domestic abuse protection orders. Directs the Attorney General to issue regulations to determine whether a State is in compliance. (Sec. 1202) Authorizes the Attorney General to provide grants to assist States, Indian tribal governments, and local governments to develop and strengthen effective law enforcement and recordkeeping strategies for enforcing protective orders issued by other States, Indian tribal government, or local governments. Authorizes appropriations. Title XIII: Federal Witness Protection for Victims of Domestic Violence - Provides for domestic violence victim participation in the Federal witness protection program. Directs the Attorney General to establish guidelines for determining eligibility for such program. Title XIV: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Subjects anyone serving with, employed by, or accompanying the armed forces outside of the United States who engages in conduct that would constitute a misdemeanor or felony domestic violence or sexual assault offense if the conduct had been engaged in within U.S. special maritime and territorial jurisdiction to prosecution in the Federal district court of the jurisdiction of origin. Title XV: Preventing Violence Against Women in Traditionally Underserved Communities - Directs the Attorney General to develop curricula and provide for the offering of training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation, including domestic violence and sexual assault against the elderly. Authorizes appropriations. Title XVI: Violence Against Women Training for Health Professions Act - Violence Against Women Training for Health Professions Act - Directs the Attorney General to award grants and contracts, giving preference to any health professions entity (if otherwise a qualified applicant for the award involved) that has in effect the requirement that, as a condition of receiving a degree or certificate, each student must have had significant training developed in consultation and collaboration with national, State, and local domestic violence and sexual assault coalitions and programs in: (1) identifying victims of domestic and sexual assault, maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries; and (2) examining and treating such victims, within the scope of the health professional's discipline, training, and practice. Sets forth reporting requirements. Title XVII: Violence Against Women Intervention, Prevention, and Education Research - Subtitle A: Violence Against Women Prevention, Detection and Investigation Research - Directs the Attorney General to establish a task force to coordinate research on violence against women. Allows the use of appropriated funds to: (1) develop a coordinated strategy to strengthen research focussed on education, prevention, and intervention strategies on such violence; (2) track and report on Federal research and expenditures on such violence; (3) identify gaps in research and develop criteria for Federal agencies for evaluating research proposals; and (4) set priorities for research efforts. Authorizes appropriations. (Sec. 1703) Directs DOJ to make grants to specified entities to support research to: (1) further the understanding of the causes of violent behavior against women and to evaluate prevention, detection, and investigation programs; and (2) expand knowledge about violence against women, particularly as related issues affect underserved communities. Authorizes appropriations. (Sec. 1705) Requires the U.S. Sentencing Commission to study and report to the Congress regarding: (1) sentences given to persons incarcerated in Federal and State prison for assault or homicide crimes in which the relationship to the victim was as spouse, former spouse, or intimate partner; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving such drugs and alcohol where domestic violence occurred; (3) the extent to which acts of domestic violence committed against the defendant, including coercion, may play a role in the commission of an offense; (4) analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem; and (5) recommendations regarding offenses described in this section, particularly any basis for a downward adjustment in any applicable guidelines determination. (Sec. 1706) Directs the Attorney General to: (1) conduct a national study and report to the Congress on the status of the law regarding rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting the victims; and (2) establish three research centers to support the development of a research and training program to focus on violence against women, to provide mechanisms for collaboration between researchers and practitioners, and to provide technical assistance for integrating research into service. Authorizes appropriations. Title XVIII: Public Access to FBI Database on Sexual Offenders - Amends the Wetterling Act to direct the Attorney General to establish, publicize, and operate a national telephone service for requesting information regarding whether an individual, other than a victim of an offense that requires registration, is listed in the FBI database. Sets forth provisions regarding prerequisites for access to information, caller notice requirements, fees, and penalties for misuse of information. Title XIX: Limiting Availability of Pornography on Computers - Directs the FBI and the Attorney General to study and report to the House and Senate Judiciary Committees on computer-based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet, to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem.
17Reported to House with amendment(s)Jan 11, 2001
TABLE OF CONTENTS: Title I: Protecting Children from Sexual Predators and Computer Pornography Title II: Punishing Sexual Predators Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers Title IV: Restricted Access to Interactive Computer Service Child Protection and Sexual Predator Punishment Act of 1998 - Title I: Protecting Children from Sexual Predators and Computer Pornography - Amends the Federal criminal code to subject to a fine and five years' imprisonment anyone who, using the mail or any facility of interstate or foreign commerce: (1) or who within the special maritime and territorial jurisdiction of the United States, knowingly contacts (or attempts to contact) an individual who has not attained age 18, or who has been represented to the person making the contact as not having attained age 18, for purposes of engaging in criminal sexual activity (but makes it a defense to such a prosecution that the sexual activity is prosecutable only because of the age of the individual contacted, the individual contacted had attained age 12, and the defendant was not more than four years older than the individual contacted); or (2) knowingly transfers obscene matter to such an individual. (Sec. 103) Increases penalties for: (1) enticing or coercing any person under age 18 to engage in prostitution or criminal sexual activity or to travel in interstate or foreign commerce to engage in such activity; and (2) using any facility of interstate or foreign commerce, including the mail, to entice or coerce such an individual to engage in such activity. (Sec. 104) Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that had been mailed, shipped, or transported in interstate or foreign commerce, including through use of a computer. (Sec. 105) Increases penalties for: (1) distribution of child pornography or sexual exploitation of children after a previous conviction of a specified offense involving transportation of another person for illegal sexual activity and related crimes; and (2) possessing 50 or more images of or items containing child pornography. (Sec. 106) Provides for criminal forfeiture for Federal sex crimes, including: (1) transportation of a minor for illegal sexual activity; (2) coercion or enticement of a minor to engage in criminal sexual activity; (3) transportation in interstate commerce with intent to engage in criminal sexual activity with a minor; (4) transmitting child pornography in interstate commerce; and (5) production of child pornography. (Sec. 107) Provides for pretrial detention of persons who commit specified Federal sex offenses involving transportation of a minor for illegal sexual activity. (Sec. 108) Sets: (1) a three-year minimum term of imprisonment for using a computer to entice or coerce any individual under age 18 to engage in prostitution or a criminal sexual act; and (2) the maximum term of imprisonment for a violation of provisions regarding transportation of a minor for illegal sexual activity after a prior sex offense conviction at twice the term otherwise provided. (Sec. 110) Includes: (1) the production of child pornography among sexual activities chargeable as criminal offenses involving interstate transportation; and (2) attempting to coerce or entice a person to travel in interstate or foreign commerce to engage in an illegal sexual activity as a criminal offense. (Sec. 111) Prohibits and sets penalties for knowingly transmitting, printing, publishing, or reproducing the name, address, telephone number, electronic mail address, or other identifying information of a minor for the purposes of facilitating, encouraging, offering, or soliciting any person to engage in illegal sexual activity. Title II: Punishing Sexual Predators - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement, and increases penalties, for transportation of a minor or a person represented to be a minor with intent to engage in criminal sexual activity and for travel with intent to engage in a sexual act with a minor or assumed minor. Increases the maximum prison sentence for such offense from ten to 15 years. (Sec. 203) Doubles penalties for abusive sexual contact where the victim is under age 12. (Sec. 204) Requires persons who violate aggravated sexual abuse provisions, or who engage in specified conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, after having been convicted twice previously of a serious State or Federal sex crime, to be imprisoned for life. (Sec. 205) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction. (Sec. 206) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries. (Sec. 208) Requires that any person convicted of a Federal offense that is a serious violent felony or the sexual exploitation of a child, unless the death sentence is imposed, be sentenced to life in prison if the victim is under age 14 and dies as a result of the offense, provided the defendant engaged in specified conduct for which the death penalty would be imposed. Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers - Amends the Federal criminal code to authorize the Attorney General, in investigations of alleged violations of provisions regarding sexual abuse of children, to subpoena witnesses and compel the production of records deemed relevant or material to the investigation. (Sec. 302) Provides that the fact that a presumption that a person has been kidnapped if the victim is not released within 24 hours has not yet taken effect does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended. Includes the following among the jurisdictional elements for kidnapping: (1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; and (2) the offense affects interstate or foreign commerce, or would do so if the offense were consummated. Specifies that the kidnapping offense applies regardless of whether such person was alive when transported across a State boundary, provided the person was alive when the transportation began. (Sec. 303) Amends the Federal judicial code to authorize the Attorney General and the Federal Bureau of Investigation to investigate serial killings when requested by the head of a State or local law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 304) Directs the Attorney General to establish the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Authorizes appropriations. Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 establishing a Missing and Exploited Children's Task Force. Title IV: Restricted Access to Interactive Computer Service - Prohibits any Federal agency, officer, or employee from implementing, or providing financial assistance to, any Federal program or activity in which a Federal prisoner is allowed access to any interactive computer service without the supervision of a Government official. (Sec. 402) Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners. (Sec. 403) Directs the Attorney General to conduct and report to the Congress on a survey of the States to determine to what extent each State (including the District of Columbia) allows prisoners access to any interactive computer service and whether such access is supervised by a prison official.
00Introduced in HouseJan 11, 2001
TABLE OF CONTENTS: Title I: Protecting Children from Sexual Predators and Computer Pornography Title II: Punishing Sexual Predators Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers Child Protection and Sexual Predator Punishment Act of 1998 - Title I: Protecting Children from Sexual Predators and Computer Pornography - Amends the Federal criminal code to subject to a fine and five years' imprisonment anyone who, using the mail or any facility of interstate or foreign commerce: (1) or who within the special maritime and territorial jurisdiction of the United States, knowingly contacts (or attempts to contact) an individual who has not attained age 18, or who has been represented to the person making the contact as not having attained age 18, for purposes of engaging in criminal sexual activity; or (2) knowingly transfers obscene matter to such an individual. (Sec. 103) Increases penalties for: (1) enticing or coercing any person under age 18, in any U.S. territory or possession, to engage in prostitution or in criminal sexual activity or to travel in interstate or foreign commerce to engage in such activity; (2) using any facility of interstate or foreign commerce, including the mail, to entice or coerce such an individual to engage in such activity; and (3) engaging in certain activities relating to material involving the sexual exploitation of minors or child pornography. (Sec. 105) Provides for: (1) criminal forfeiture for solicitation of minors and interstate prostitution; and (2) pretrial detention of persons who commit specified sex offenses involving child pornography or against a minor. (Sec. 107) Sets: (1) a three-year minimum term of imprisonment for enticing or coercing within U.S. jurisdiction, or for using a computer or any facility of interstate or foreign commerce to entice or coerce, any individual under age 18 to engage in prostitution or a criminal sexual act; and (2) the maximum term of imprisonment for a violation of provisions regarding transportation for illegal sexual activity after a prior sex offense conviction at twice the term otherwise provided. Title II: Punishing Sexual Predators - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement, and increases penalties, for transportation of a minor or assumed minor with intent to engage in criminal sexual activity and for travel with intent to engage in a sexual act with a minor or assumed minor. (Sec. 203) Doubles penalties for abusive sexual contact where the victim is under age 12. (Sec. 204) Requires persons who violate aggravated sexual abuse provisions or engage in specified conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States after having been convicted twice previously of a serious State or Federal sex crime, to be imprisoned for life. (Sec. 205) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction. (Sec. 206) Provides a civil remedy for personal injuries resulting from certain sex crimes against children. Title III: Federal Investigations of Sex Crimes Against Children and Serial Killers - Amends the Federal criminal code to authorize the Attorney General, in investigations of alleged violations of provisions regarding sexual abuse of children, to subpoena witnesses and compel the production of records deemed relevant or material to the investigation. (Sec. 302) Provides that the fact that a presumption that a person has been transported in interstate or foreign commerce if the victim is not released within 24 hours after being unlawfully kidnapped has not yet taken effect does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended. Includes the following among the jurisdictional elements for kidnapping: (1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; and (2) the offense affects interstate or foreign commerce, or would do so if the offense were consummated. Specifies that the kidnapping offense applies regardless of whether such person was alive when transported across a State boundary, provided the person was alive when the transportation began. (Sec. 303) Subjects any person who travels across a State line or enters or leaves Indian country with intent to engage in conduct that constitutes murder in the first degree to life imprisonment or, if death results, imposition of the death penalty. Prohibits such prosecution from being undertaken by the United States except on written certification of the Attorney General (or the Attorney General's highest ranking subordinate with responsibility for criminal prosecutions) that the conduct intended to be engaged in was a serial killing. Makes such certification unreviewable in any court. (Sec. 304) Directs the Attorney General to establish the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Authorizes appropriations. Repeals missing and exploited children provisions of the Violent Crime Control and Law Enforcement Act of 1994.
Mr. Hutchinson moved that the House suspend the rules and agree to the Senate amendments.
Oct 12, 1998
DEBATE - The House proceeded with forty minutes of debate.
Oct 12, 1998
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Hastings (FL) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Oct 12, 1998
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: 400 - 0, 2 Present (Roll No. 521).(consideration: CR H10638)
Oct 12, 1998
On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: 400 - 0, 2 Present (Roll No. 521). (consideration: CR H10638)
Oct 12, 1998
Motion to reconsider laid on the table Agreed to without objection.
Oct 10, 1998
Message on Senate action sent to the House.
Oct 9, 1998
Measure laid before Senate by unanimous consent. (consideration: CR S12257-12265)
Oct 9, 1998
Amendment SP 3811 proposed by Senator Coats for Senator Hatch.
Oct 9, 1998
Amendment SP 3811 agreed to in Senate by Unanimous Consent.
Oct 9, 1998
Amendment SP 3812 proposed by Senator Coats for Senator Hatch.
Oct 9, 1998
Amendment SP 3812 agreed to in Senate by Unanimous Consent.
Oct 9, 1998
The committee substitute as amended agreed to by Unanimous Consent.
Oct 9, 1998
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Oct 9, 1998
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Sep 17, 1998
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Sep 17, 1998
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.
Sep 17, 1998
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.
Sep 17, 1998
Placed on Senate Legislative Calendar under General Orders. Calendar No. 587.
Jun 16, 1998
Received in the Senate and read twice and referred to the Committee on Judiciary.
Jun 11, 1998
Rule H. Res. 465 passed House.
Jun 11, 1998
Considered under the provisions of rule H. Res. 465. (consideration: CR H4491-4531)
Jun 11, 1998
Rule provides for consideration of H.R. 3494 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Jun 11, 1998
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 465 and Rule XXIII.
Jun 11, 1998
The Speaker designated the Honorable John M. McHugh to act as Chairman of the Committee.
Jun 11, 1998
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H. Res. 465, the Committee of the Whole procedded with 10 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provsions of H.Res. 465, the Committee of the Whole proceeded with 10 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provsions of H.Res. 465, the Committee of the Whole proceeded with 20 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H.Res. 465, the committee of the Whole proceeded with 10 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H.Res. 465, the Committee of the Whole proceeded with 10 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H. Res. 465, the Committee of the Whole proceeded with 10 minutes of debate.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H.Res. 465, the Committee of the Whole proceeded with 20 minutes of debate.
Jun 11, 1998
POSTPONED PROCEEDINGS - At the conclusion of debate on the Sherman amendment, the Chair put the question and, by voice vote, announced that the noes had prevailed. Mr. Sherman demanded a recorded vote pending the absence of a quorum. Pursuant to the provisions of H. Res. 465, the Chair postponed further proceedings on the amendment until later in the legislative day and the point of no quorum was considered as withdrawn.
Jun 11, 1998
DEBATE - Pursuant to the provisions of H.Res. 465, the Committee of the Whole proceeded with 60 minutes of debate.
Jun 11, 1998
UNFINISHED BUSINESS - The unfinished business is the recorded vote on the Sherman amendment that was previously postponed.
Jun 11, 1998
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3494.
Jun 11, 1998
The previous question was ordered pursuant to the rule.
Jun 11, 1998
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Jun 11, 1998
Ms. Jackson-Lee (TX) moved to recommit with instructions to Judiciary.
Jun 11, 1998
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions.
Jun 11, 1998
The previous question on the motion to recommit with instructions was ordered without objection.
Jun 11, 1998
On motion to recommit with instructions Agreed to by voice vote.
Jun 11, 1998
Pursuant to the instructions contained in the motion to recommit just agreed to, Mr. McCollum reported the bill back to the House with an amendment which was submitted to the desk.
Jun 11, 1998
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 416 - 0, 1 Present (Roll No. 230).
Jun 11, 1998
On passage Passed by the Yeas and Nays: 416 - 0, 1 Present (Roll No. 230).
Jun 11, 1998
Motion to reconsider laid on the table Agreed to without objection.
Jun 11, 1998
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3494.
Jun 10, 1998
Rules Committee Resolution H. Res. 465 Reported to House. Rule provides for consideration of H.R. 3494 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Jun 3, 1998
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-557.
Jun 3, 1998
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-557.
Jun 3, 1998
Placed on the Union Calendar, Calendar No. 312.
May 6, 1998
Committee Consideration and Mark-up Session Held.
May 6, 1998
Ordered to be Reported (Amended) by Voice Vote.
Apr 30, 1998
Subcommittee Hearings Held.
Apr 30, 1998
Subcommittee on Crime Discharged.
Mar 26, 1998
Referred to the Subcommittee on Crime.
Mar 18, 1998
Introduced in House
Mar 18, 1998
Introduced in House
Mar 18, 1998
Referred to the House Committee on the Judiciary.
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