days of the issuance of the order under subsection (r) appointing or denying the appointment of counsel for such proceedings. The court in which the motion is filed, for good cause shown, may extend the time for filing for a period not exceeding 60 days. Such a motion shall have priority over all non-capital matters in the district court, and in the court of appeals on review of the district court's decision. "(v) STAY OF EXECUTION. The execution of a sentence of death under this section shall be stayed in the course of direct review of the judgment and during the litigation of an initial motion in the case under section 2255 of title 28, United States Code. The stay shall run continuously following imposition of the sentence and shall expire if - "(1) the defendant fails to file a motion under section 2255 of title 28, United States Code, within the time specified in subsection (u), or fails to make a timely application for court of appeals review following the denial of such a motion by a district court; "(2) upon completion of district court and court of appeals review under section 2255 of title 28, United States Code, the Supreme Court disposes of a petition for certiorari in a manner that leaves the capital sentence undisturbed, or the defendant fails to file a timely petition for certiorari; or "(3) before a district court, in the presence of counsel and after having been advised of the consequences of such a decision, the defendant waives the right to file a motion under section 2255 of title 28, United States Code. "(W) FINALITY OF THE DECISION ON REVIEW. -- If one of the conditions specified in subsection (v) has occurred, no court thereafter shall have the authority to enter a stay of execution or grant relief in the case unless - "(1) the basis for the stay and request for relief is a claim not presented in earlier proceedings; "(2) the failure to raise the claim is the result of governmental action in violation of the Constitution or laws of the United States, the result of the Supreme Court's recognition of a new Federal right that is retroactively applicable, or the result of the fact that the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence in time to present the claim in earlier proceedings; and "(3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the determination of guilt on the offense or offenses for which the death penalty was imposed. "(x) DEFINITIONS. - For purposes of this section "(1) 'crime of sexual assault' means a crime under Federal or State law that involved "(A) contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person; "(B) contact, without consent, between the genitals or anus of the defendant and any part of the body of another person; "(C) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person; or "(D) an attempt or conspiracy to engage in any conduct described in paragraphs (A)-(C); "(2) 'crime of child molestation' means a crime under Federal or State law that involved - "(A) contact between any part of the defendant's body or an object and the genitals or anus of a child; "(B) contact between the genitals or anus of the defendant and any part of the body of a child; "(C) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child; or "(D) an attempt or conspiracy to engage in any conduct described in paragraphs (A)-(C); and "(3) 'child' means a person below the age of 14."; and (b) by adding to the table of sections for the chapter the following: "1118. Capital Punishment for Murders Committed by Sex Offenders.". SEC. 103. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS. (a) REDESIGNATION. - Sections 2245 of title 18, United States Code, is redesignated as section 2246. (b) RECIDIVIST PENALTIES. Chapter 109A of title 18, United States Code, is amended by inserting the following new section after section 2244: "2245. Penalties for subsequent offenses "Any person who violates a provision of this chapter after a prior conviction under a provision of this chapter or the law of a State (as defined in section 513 of this title) for conduct proscribed by this chapter has become final is punishable by a term of imprisonment up to twice that otherwise authorized.". (c) CLERICAL AMENDMENT. The table of sections for chapter 109A of title 18, United States Code, is amended - (1) by striking "2245" and inserting "2246"; and (2) by inserting the following after the item relating to section 2244: "2245. Penalties for subsequent offenses.". SEC. 104. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE AGE OF 16. Paragraph (2) of section 2246 of title 18, United States Code, as designated by section 103 (a), is amended - (1) in subparagraph (B) by striking "or" after the semicolon; (2) in subparagraph (C) by striking "; and" and inserting "; or"; and (3) by inserting a new subparagraph (D) as follows: "(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;". SEC. 105. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES. The United States Sentencing Commission shall amend the sentencing guidelines to increase by at least 4 levels the base offense level for an offense under section 2241 (aggravated sexual abuse) or section 2242 (sexual abuse) of title 18, United States Code, and shall consider whether any other changes are warranted in the guidelines provisions applicable to such offenses to ensure realization of the objectives of sentencing. In amending the guidelines in conformity with this section, the Sentencing Commission shall review the appropriateness and H.Doc. 102-402 - 92 - 2 adequacy of existing offense characteristics and adjustments applicable to such offenses, taking into account the heinousness of sexual abuse offenses, the severity and duration of the harm caused to victims, and any other relevant factors. In any subsequent amendment to the sentencing guidelines, the Sentencing Commission shall maintain minimum guidelines sentences for the offenses referenced in this section which are at least equal to those required by this section. SEC. 106. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES (a) Chapter 109A of title 18, United States Code, as amended by section 103, is amended by adding at the end the following new section: "S 2247. Testing for Human Immunodeficiency Virus; Disclosure of "(a) TESTING AT TIME OF PRE-TRIAL RELEASE DETERMINATION. In a case in which a person is charged with an offense under this chapter, a judicial officer issuing an order pursuant to section 3142 (a) of this title shall include in the order a requirement that a test for the human immunodeficiency virus be performed upon the person, and that follow-up tests for the virus be performed six months and twelve months following the date of the initial test, unless the judicial officer determines that the conduct of the person created no risk of transmission of the virus to the victim, and so states in the order. The order shall direct that the initial test be performed within 24 hours, or as soon thereafter as feasible. The person shall not be released from custody until the test is performed. "(b) TESTING AT LATER TIME. -- If a person charged with an offense under this chapter was not tested for the human immunodeficiency virus pursuant to subsection (a), the court may at a later time direct that such a test be performed upon the person, and that follow-up tests be performed six months and twelve months following the date of the initial test, if it appears to the court that the conduct of the person may have risked transmission of the virus to the victim. A testing requirement under this subsection may be imposed at any time while the charge is pending, or following conviction at any time prior to the person's completion of service of the sentence. "(c) TERMINATION OF TESTING REQUIREMENT. -- A requirement of follow-up testing imposed under this section shall be canceled if any test is positive for the virus or the person obtains an acquittal on, or dismissal of, all charges under this chapter. "(d) DISCLOSURE OF TEST RESULTS. The results of any test for the human immunodeficiency virus performed pursuant to an order under this section shall be provided to the judicial officer or court. The judicial officer or court shall ensure that the results are disclosed to the victim (or to the victim's parent or legal guardian, as appropriate), the attorney for the government, and the person tested. "(e) EFFECT ON PENALTY. -- The United States Sentencing Commission shall amend existing guidelines for sentences for offenses under this chapter to enhance the sentence if the offender knew or had reason to know that he was infected with the human immunodeficiency virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim.". (b) CLERICAL AMENDMENT. The table of sections for chapter 109A of title 18, United States Code, as amended by section 103, is amended by inserting at the end the following new item: "2247. Testing for Human Immunodeficiency Virus; Disclosure of Test Results to Victim; Effect on Penalty". SEC. 107. PAYMENT OF COST OF HIV TESTING FOR VICTIMS IN SEX Section 503 (c) (7) of the Victims' Rights and Restitution Act of 1990 is amended by inserting before the period at the end the following: ", the cost of up to two tests of the victim for the human immunodeficiency virus during the twelve months following the assault, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of the human immunodeficiency virus to the victim as the result of the assault". SEC. 108. INCREASED PENALTIES FOR DRUG DISTRIBUTION TO PREGNANT WOMEN. Section 405 of the Controlled Substances Act (21 U.S.C. 859) is amended by inserting ", or to a woman while she is pregnant," after "to a person under twenty-one years of age" in subsection (a) and subsection (b). SEC. 109. EXTENSION AND STRENGTHENING OF RESTITUTION. Section 3663 of title 18, United States Code, is amended (1) in subsection (b), by inserting "or an offense under chapter 109A or chapter 110" after "an offense resulting in bodily injury to a victim" in paragraph (2); (2) in subsection (b), by striking "and" at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (4) the following new paragraph: |