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.