Summary of Amendments Submitted to the Rules Committee on
H.R. 1104–THE CHILD ABDUCTION PREVENTION ACT OF 2003
(in alphabetical order)
February 25, 2003 (12:00 p.m.)
Acevedo-Vila #5
Requires certain procedures to be established and followed when a child is reported lost or missing in a public building. Commonly known as a “Code Adam” alert.
Feeney #4
Places strict limits on departures from federal sentencing guidelines by allowing sentences outside the guideline range only upon grounds specifically enumerated as proper for departure. Requires courts to give specific and written reasons for any departure from federal sentencing guidelines. Changes the standard of review for appellate courts to a de novo review to allow appellate courts to more effectively review illegal and inappropriate downward departures from federal sentencing guidelines. Prevents sentencing courts, upon remand, from imposing the same illegal departure on a different theory. Only allows courts to reduce a person’s sentence for “acceptance of responsibility” when the government agrees with that finding. Amends sentencing guidelines with regard to the penalties for possession of child pornography by increasing penalties if the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence and by increasing penalties based on the amount of child pornography involved in the offense.
Foley #3
Requires AMBER Alert coordinator to submit a report by March 1, 2005, to Congress on the effectiveness and status of the AMBER Alert plans that each state has implemented. Establishes $5 million grant program to assist states in implementing new technologies designed to improve the dissemination of AMBER Alerts.
Hart #6
Requires the tagging, as prescribed by the Attorney General, of all unsolicited commercial e-mails that include sexually oriented material. Failure to include the prescribed mark will result in criminal penalties.
Jackson-Lee #9
Increases funding by $20 million for the Juvenile Justice and Delinquency Prevention Act to provide additional funds for the Missing Children’s Assistance Act.
Kelly #2
Toughens penalties against any person who takes a child, 18 years of age or younger, hostage in order to resist any officer or court in the United States, or to compel the federal government to do or to abstain from any act. Such a person would serve a minimum sentence of 10 years, with injury to child increasing minimum sentence to 20 years, and death of child increasing minimum to life imprisonment or death penalty. (Revised)
Lampson #1
Provides explicit statutory jurisdiction to the U.S. Secret Service to continue to provide forensic and investigative support upon request from local law enforcement or from the National Center for Missing and Exploited Children (NCMEC).
Pence #8
Makes it a criminal act to knowingly use a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet. Also makes it a criminal act to knowingly use a misleading domain name with the intent to deceive a minor into viewing material on the Internet that is harmful to minors. A domain name that includes a word or words to indicate the sexual content of the site is not considered misleading.
Pomeroy #7
Re-authorizes grant programs within the Victims of Child Abuse Act that provide funding to child advocacy centers and training and technical assistance to programs to improve the prosecution of child abuse cases. Adds tools for the Department of Justice to evaluate these grant programs to ensure effective use of the funds provided.
Smith (TX) # 10
Narrows definition of child pornography in response to Ashcroft v. the Free Speech Coalition. Creates new obscenity offenses to cover virtual and real child pornography that involves visual depictions of pre-pubescent children and minors. Creates a new offense against pandering visual depictions as child pornography and strengthens penalties for repeat offenders. Includes new findings that detail the effect of the Supreme Court decision on child pornography cases, as well as some technical changes. Requires the Attorney General to report on the Department of Justice’s efforts to enforce the record-keeping requirements for producers of adult material to demonstrate they are not using minors.
Weiner/Maloney #11
Increases grants for the analysis of DNA samples from rape kits and crime scenes. Specifically authorizes $25 million for the analysis of crime scene samples in FY04. Re-authorizes the program through 2008, increases funding to $75 million annually through 2007 and $25 million in 2008. Also increases grants for the analysis of DNA samples from convicted offenders and creates new grant programs to train sexual assault nurse examiners and improve the collection of DNA evidence.
* Summaries derived from information submitted by the amendment sponsors.
