Senators Hatch and Feinstein Introduce Comprehensive
Legislation to Punish Crimes Against Children
September 10, 2002

Washington, DC - U.S. Senators Orrin Hatch (R-UT) and Dianne Feinstein (D-Calif.) today introduced legislation which will enhance national efforts to investigate, prosecute and prevent crimes against children.

"Over the past few months, we have seen a rash of child abductions and the breakup of major child pornography ring," Senator Feinstein said. "These cases have made it very clear to Senator Hatch and me that our children need to better protected and our laws need to be made stronger."

"This legislation makes significant changes to laws that give parents greater ability to safeguard their children and gives law enforcement agencies the tools they need to apprehend and prosecute offenders. By passing this legislation, the Senate would send a strong message to potential offenders and hopefully prevent some of these crimes from taking place."

Specifically, the Hatch-Feinstein Child Crime Bill would:

• Direct the FBI to establish a National Crimes Against Children Response Center with the primary mission of developing a comprehensive, rapid response plan to reported crimes involving the victimization of children.
  

• Create a new Crimes Against Children Section at the Department of Justice, tasked with prosecuting crimes against children, providing guidance and assistance to Federal, State, and local law enforcement agencies and personnel who handle such cases, coordinating efforts with international law enforcement agencies to combat crimes against children, and acting as a liaison with the legislative and judicial branches of government.



• Direct the new Department of Justice Crimes Against Children Office to create a National Internet site that consolidates sex offender information which States currently release under the federal reporting act. The bill also directs States that have not developed Internet sites to do so. Currently, all 50 States have registration statutes that require sex offenders to register and to share information with the United States Attorney General through the Federal Bureau of Investigation, and over 30 States make offender information available to the public on the Internet.
  

• Preclude the Assertion of a Marital Privilege in a Criminal Child Abuse Case in which a spouse stands accused of abusing a child in the home.
  

• Expand the class of offenses that are included in Combined DNA Index System (CODIS) by adding to the system all Federal felonies and additional offenses that subject Federal offenders to sex registration requirements. Currently, only select Federal offenses are entered in CODIS.



• Expand Rule 414 of the Federal Rules of Evidence which allows evidence of a defendant's prior acts of child molestation to be admitted in a criminal child molestation case. The amendment extends the definition of "child" contained in Rule 414 to include any person below the age of 18 - rather than age 14, as the Rule now reads. The amendment also makes clear that where a defendant previously possessed what may have been virtual, as opposed to actual, child pornography, such evidence is admissible under Rule 414.



• Expand the Federal Wiretap Act by adding as predicate offenses to the statute, sex trafficking, sex exploitation, and other interstate sex offenses. Currently, the wiretap statute authorizes the interception of wire, oral, or electronic communications in the investigation of just two sexual exploitation of children crimes. To obtain a wiretap, law enforcement authorities will still need to meet the strict statutory guidelines of the wiretap statute and obtain authorization from a court.



• Extend the Maximum Supervised Release Period that Applies to Sexual Offenders by granting Federal judges the discretion to impose up to lifetime periods of supervised release for individuals who are convicted of sexual abuse, sexual exploitation, transportation for illegal sexual activity, or sex trafficking offenses. Currently, a judge can impose no more than 5 years of supervised release for a serious felony, and no more than 3 years for a lesser categorized offense. This amendment will not require judges to impose a period of supervised release longer than 5 years; it simply authorizes them to do so where the judge sees fit based on the nature and circumstances of the particular case.



• Increase the Maximum Penalties that Apply to Certain Sexual Related Offenses, by doubling the maximum penalties for sexual related offenses involving the trafficking of children and other interstate elements.



• Direct the Sentencing Commission to review the guidelines that apply to child abuse and exploitation offenses to determine whether they are sufficiently severe. In so doing, the Sentencing Commission shall consider whether the guidelines are adequate where aggravated circumstances exist: the victim had not attained the age of twelve years, or had not attained the age of sixteen years; the victim died, sustained permanent, life-threatening, or serious injury as a result of the criminal act; the victim was abducted; the victim was abused by more than one individual; the offense involved more than one victim; the offense involved a large number of visual depictions, including multiple images of the same victim; or the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence.

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