article: SECTION 1. SHORT TITLE. This Act may be cited as the ``No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any individual convicted of murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) any individual convicted of rape or a dangerous sexual offense involving a child under the age of 14 should be imprisoned for life without the possibility of parole. SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS. (a) Penalty.-- (1) In general.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of the State that convicted such person of the first offense: (A) Up to $100,000 shall be transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (2) Multiple states.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in more than one State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of each State that convicted of a prior offense: (A) Up to $100,000 shall be apportioned equally among the States that convicted of prior offenses and transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be apportioned equally among the States that convicted of prior offenses and transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (b) State Applications.--To receive funds under this section, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require, including a certification that the State has convicted a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State. (c) Source of Funds.--Any amount transferred as a result of subsection (a) shall be derived by reducing funds from Federal law enforcement assistance programs received by the State that convicted of the first offense. The Attorney General, in consultation with the chief executive of the State that convicted of the first offense, shall develop a payment schedule. (d) Construction.--This section shall not be construed to diminish or modify any court ordered restitution. SEC. 4. UNITED STATES SENTENCING COMMISSION. The United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide that-- (1) whoever is guilty of murder, as defined in section 6 of this Act, shall be punished by death or by imprisonment for life; and (2) whoever is guilty of rape or a dangerous sexual offense, as defined in section 6 of this Act, shall be punished by imprisonment for life. SEC. 5. COLLECTION OF RECIDIVISM DATA. Pursuant to guidelines established in the Uniform Federal Crime Reporting Act of 1988 (Public Law 100-690), the Attorney General shall collect and distribute data to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes-- (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Murder.--The term ``murder'' means the unlawful killing of a human being with malice aforethought, and includes murder-- (A) perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; (B) committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or (C) perpetrated from a premeditated design unlawfully and maliciously to effect the death of any individual other than the individual who is killed. (2) Rape.--The term ``rape'' includes the carnal knowledge of an individual forcibly and against the will of such individual. (3) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who is over the age of 18 against a child under the age of 14. (4) Sexual abuse.--The term ``sexual abuse'' includes the employment, use, persuasion, inducement, enticement, or coercion of a child under the age of 14 to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. (5) Sexually explicit conduct.--The term ``sexually explicit conduct'' means actual or simulated-- (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or of opposite sex; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse. (6) Sexual contact.--The term ``sexual contact'' means the intentional touching, either directly or though clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person.
summary: No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.