Summary: H.R.5422 — 107th Congress (2001-2002)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/08/2002)

Child Abduction Prevention Act - Title I: Sanctions and Offenses - (Sec. 101) Amends the Federal criminal code to make the authorized term of supervised release after imprisonment for kidnaping involving a victim under age 18, sexual abuse, sexual exploitation of children, transportation for illegal sexual activity, or sex trafficking of children any term of years or life .

(Sec. 102) Includes aggravated child abuse and child torture murders within the scope of the definition of first degree murder.

(Sec. 103) Increases: (1) maximum and minimum penalties for sexual exploitation and other abuse of children; and (2) penalties for transportation for illegal sexual activity and related crimes.

(Sec. 104) Directs the United States Sentencing Commission to increase penalties for kidnaping. Amends the code to increase the minimum mandatory sentence for kidnaping involving children.

(Sec. 105) Prohibits: (1) traveling in or into the United States for the purpose of engaging in an illicit sexual act with another (currently, with a juvenile); (2) traveling in foreign commerce and engaging in such sexual conduct; and (3) arranging or facilitating such travel knowing its purpose. Makes attempts or conspiracies punishable in the same manner as a completed violation. Establishes as a defense that the defendant reasonably believed that the person with whom the defendant engaged in commercial sex had attained age 18.

(Sec. 106) Provides 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.

Title II: Investigations and Prosecutions - Subtitle A: Law Enforcement Tools To Protect Children - (Sec. 201) Authorizes the interception of wire, oral, or electronic communications in the investigation of: (1) sexual exploitation of children; (2) selling or buying children; (3) certain activities relating to material involving the sexual exploitation of minors, and constituting or containing child pornography; and (4) transportation for illegal sexual activity.

(Sec. 202) Eliminates statutes of limitations for child abduction and for felony offenses of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity, or sex trafficking of children or by force.

Subtitle B: No Pretrial Release for Those Who Rape or Kidnap Children - Bars pretrial release for persons charged with such offenses..

Subtitle C: No Waiting Period To Report Missing Children ("Suzanne's Law") - Amends the Crime Control Act of 1990 to require each Federal, State, and local law enforcement agency to report each case of a missing child under age 21 (currently, 18) reported to it to the Department of Justice's (DOJ) National Crime Information Center.

Subtitle D: Record-keeping to Demonstrate Minors Were Not Used in Production of Pornography - Directs the Attorney General to report to Congress: (1) detailing the number of times since January 1993 that DOJ has inspected the records of any producer of sexually explicit materials; and (2) indicating the number of violations prosecuted as a result of those inspections.

Title III: Public Outreach - (Sec. 301) Directs the Attorney General to assign a DOJ officer to act as national coordinator of the AMBER Alert communications network regarding abducted children (to be known as the AMBER Alert Coordinator of DOJ).

(Sec. 302) Requires the Coordinator to establish minimum standards for the issuance of alerts and the extent of alert dissemination.

(Sec. 303) Directs: (1) the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts for the recovery of abducted children; and (2) the Attorney General to carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. Authorizes appropriations for the Department of Transportation for FY 2003 to carry out this section.

(Sec. 305) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to increase authorized appropriations for the National Center for Missing and Exploited Children.

(Sec. 306) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of COPS ("Cops on the Beat"; community policing) grants to assist a State in enforcing a law that requires that a convicted sex offender register his or her address with a State or local law enforcement agency and be subject to criminal prosecution for failure to comply.

Title IV: Miscellaneous - Amends the Federal criminal code to authorize the Secret Service, under the direction of the Secretary of the Treasury and at the request of any State or local law enforcement agency or the National Center for Missing and Exploited Children, to provide forensic and investigative assistance in support of investigations involving missing or exploited children.