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.
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-373. (text of measure as reported in House: CR 3/14/2002 H918)
Placed on the Union Calendar, Calendar No. 216.
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.
Rule H. Res. 366 passed House.
Considered under the provisions of rule H. Res. 366. (consideration: CR H913-926)
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.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 366 and Rule XXIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2146.
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The Speaker designated the Honorable Lee Terry to act as Chairman of the Committee.
RESERVATION OF POINT OF ORDER - Mr. Sensenbrenner reserved a point of order against the Jackson-Lee amendment.
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.
RESERVATION OF POINT OF ORDER - Mr. Sensenbrenner reserved a point of order against the Jackson-Lee amendment. Subsequently, the point of order was withdrawn.
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.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2146.
The previous question was ordered pursuant to the rule.
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.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 382 - 34 (Roll no. 64).
Roll Call #64 (House)On passage Passed by the Yeas and Nays: 382 - 34 (Roll no. 64).
Roll Call #64 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.