To amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes of violence against children under age 13.

January 27, 2003

Mr. CUNNINGHAM (for himself, Mr. FOLEY, Mr. BAKER, Mr. DAVIS of Alabama, and Mr. JONES of North Carolina) introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes of violence against children under age 13.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as `Matthew's Law'.

SEC. 2. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE AGAINST CHILDREN UNDER AGE 13.

(a) IN GENERAL- Title XVII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following:

`Subtitle C--Enhanced Penalties for Crimes of Violence Against Children Under Age 13

`SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE AGAINST CHILDREN UNDER AGE 13.

`(a) IN GENERAL- The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 5 levels above the offense level otherwise provided for a crime of violence, if the crime of violence is against a child.

`(b) DEFINITIONS- In this section--

`(1) the term `crime of violence' means any crime punishable by imprisonment for a term exceeding one year that has as an element the use, attempted use, or threatened use of physical force against the person of another; and

`(2) the term `child' means a person who has not attained 13 years of age at the time of the offense.'.

(b) CONFORMING REPEAL- Section 240002 of such Act (28 U.S.C. 994 note) is repealed.

(c) CLERICAL AMENDMENT- The table of contents of such Act is amended by striking the item relating to subtitle C of title XVII and the items relating to sections 170301 through 170303 and inserting the following:

`Subtitle C--Enhanced Penalties for Crimes of Violence Against Children Under Age 13

`Sec. 170301. Enhanced penalties for crimes of violence against children under age 13.'.

SEC. 3. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE AVAILABLE TO STATE OR LOCAL LAW AUTHORITIES IN INVESTIGATING POSSIBLE HOMICIDES OF CHILDREN UNDER THE AGE OF 13.

To the maximum extent practicable, the Federal Bureau of Investigation may provide to State and local law enforcement authorities such assistance as such authorities may require in investigating the death of an individual who has not attained 13 years of age under circumstances indicating that the death may have been a homicide..0D

END