text: 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.
target: 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.
feat_title: No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998