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H.R. 2146

Two Strikes and You're Out Child Protection Act

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.

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Rep. Green, Mark [R-WI-8](R-WI)Sponsor
31 cosponsors5 D26 R
31cosponsors2committees31actions5amendments1related bills30subjects
  1. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. FloorH37100

    On passage Passed by the Yeas and Nays: 382 - 34 (Roll no. 64).

  4. Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 382 - 34 (Roll no. 64).

  5. FloorH34400

    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.

  6. FloorH35000

    The previous question was ordered pursuant to the rule.

  7. FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2146.

  8. FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the Conyers amendment which had been debated earlier and on which further proceedings had been postponed.

  9. FloorH8D000

    RESERVATION OF POINT OF ORDER - Mr. Sensenbrenner reserved a point of order against the Jackson-Lee amendment. Subsequently, the point of order was withdrawn.

  10. FloorH8D000

    VOTE POSTP0NED - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Sensenbrenner objected to the voice vote based upon the absence of a quorum and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

  11. FloorH8D000

    RESERVATION OF POINT OF ORDER - Mr. Sensenbrenner reserved a point of order against the Jackson-Lee amendment.

  12. FloorH32400

    The Speaker designated the Honorable Lee Terry to act as Chairman of the Committee.

  13. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2146.

  14. FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 366 and Rule XXIII.

  15. FloorH8D000

    Rule provides for consideration of H.R. 2146 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.

  16. FloorH30000

    Considered under the provisions of rule H. Res. 366. (consideration: CR H913-926)

  17. FloorH1L220

    Rule H. Res. 366 passed House.

  18. FloorH1L210

    Rules Committee Resolution H. Res. 366 Reported to House. Rule provides for consideration of H.R. 2146 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.

  19. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 216.

  20. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 107-373. (text of measure as reported in House: CR 3/14/2002 H918)

    Judiciary Committee
  21. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 107-373.(text of measure as reported in House: CR 3/14/2002 H918)

    Judiciary Committee
  22. CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Judiciary Committee
  23. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  24. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  25. CommitteeH23000

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Crime and Federal Government Surveillance Subcommittee
  26. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Crime and Federal Government Surveillance Subcommittee
  27. CommitteeH21000

    Subcommittee Hearings Held.

    Crime and Federal Government Surveillance Subcommittee
  28. CommitteeH11000

    Referred to the Subcommittee on Crime.

    Crime and Federal Government Surveillance Subcommittee
  29. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  30. IntroReferralIntro-H

    Introduced in House

  31. IntroReferral1000

    Introduced in House

Mar 14, 200236
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.

Mar 12, 200217
Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment (unless a death sentence is imposed) 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.

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.

Jun 13, 200100
Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment (unless a death sentence is imposed) 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.