Summary: H.R.2146 — 107th Congress (2001-2002)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (03/14/2002)

Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment of a person convicted of a Federal sex offense in which a minor is the victim if the person has a prior sex conviction in which a minor was the victim, unless a death sentence is imposed.

Defines: (1) "Federal sex offense" to include specified offenses relating to sexual abuse, buying or selling of children, and interstate transportation of minors involving prostitution or sexual activity constituting a State sex offense; (2) "State sex offense" as one that would be a Federal sex offense if it involved interstate or foreign commerce or the use of mail or if the conduct occurred in any U.S. commonwealth, territory, possession, or special maritime and territorial jurisdiction, in a Federal prison or building, on Federal land, or in Indian country; (3) "prior sex conviction" as a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent offense; and (4) "minor" as an individual who has not attained age 17.

Directs the judge, in each case in which a life sentence is imposed, to make and transmit to the Administrative Office of the United States Courts findings regarding: (1) the applicable range under the Federal sentencing guidelines if the statutory minimum life sentence had not applied; (2) the sentence that the court would have imposed on the defendant if the statutory minimum life sentence had not applied, in light of the nature and circumstances of the offense, the defendant's history and characteristics, and specified other factors; (3) the race, gender, age, and ethnicity of the victim and defendant; (4) the reason for the Government's decision to prosecute this defendant in Federal court instead of deferring to prosecution in State or tribal court and the criteria used to make that decision in this and other cases; and (5) the projected cost to the Government of the life sentence. Directs: (1) the Government attorney to state on the record such information as the court deems necessary to make such findings regarding the decision to prosecute in Federal court and the projected cost to the Government of the life sentence; and (2) the Administrative Office to annually compile and report all such findings to Congress.