article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; (3) the average rape sentence is just 10\1/2\ years, and the average time served is half of that, approximately 5 years; and (4) repeat sexual offenders frequently strike in more than one State and, while States have primary responsibility for the prosecution of sexual offenders, the option of Federal prosecution provides a needed additional tool to safeguard communities victimized by these individuals. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ``(c) Additional Requirement.--A State is not eligible for a grant under this section unless such State has provided assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct that-- ``(1) is an offense under section 2241 or 2242 of title 18, United States Code; or ``(2) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States; after having previously been convicted of another State or Federal offense for conduct that was an offense described in paragraph (1) or (2).''. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.
summary: Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders; and (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States under specified circumstances) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code (or which would have been an offense under such provisions if the offense had occurred in U.S. jurisdiction) after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.