{ "id": "RS21522", "type": "CRS Report", "typeId": "REPORTS", "number": "RS21522", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 103255, "date": "2003-05-16", "retrieved": "2016-04-08T14:45:21.725544", "title": "A Sketch of the PROTECT (Amber Alert) Act and the Sentencing Guidelines", "summary": "Title IV of the Protect Act, P.L. 108-21 ( S. 151 / H.R. 1004 ), sometimes\nknown as the Amber Alert Act: (1) restricts the future membership of the Sentencing Commission\nto no more than 3 federal judges; (2) limits downward departures from the sentencing guidelines in\nvarious child or sex offense cases; (3) regardless of the offense requires a motion by the government\nto trigger the offense level reduction available for acceptance of responsibility in serious cases; (4)\ndemands that in the case of either an upward or downward departure the court's statement of its\nreasons for the departure be in the written order of judgment and commitment; (5) adjusts the\nstandard for review so that rather than giving deference (absent clear error) to a trial court's decision\nto depart from the guidelines an appeals court is to make its own assessment of the appropriateness\nof departure (de novo review); (6) instructs trial courts whose departure decisions are overturned on\nreview to adhere to the sentencing guidelines and any appellate directives when the cases are\nreturned to them for resentencing; (7); directs the chief judge of each federal judicial district to\nensure that full sentencing reports (available to the Judiciary Committees) are filed with the\nSentencing Commission; (8) calls for review and reports to Congress from the Department of Justice\nand the Sentencing Commission on action taken in response to the legislation; (9) eliminates the\nrequirement that the crimes involve more than a single victim before some of the sentencing\nenhancements for recidivist sex offenders take effect; and (10) amends the guidelines governing\npossession or trafficking in child pornography to include sentence level increases ranging from 2 to\n5 levels depending on the number of images involved. \n This is an abbreviated version of CRS Report RL31917 , The PROTECT (Amber Alert)\n Act and\nthe Sentencing Guidelines .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RS21522", "sha1": "23c31a19b17e3eee485f092a3b233257828be9e8", "filename": "files/20030516_RS21522_23c31a19b17e3eee485f092a3b233257828be9e8.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS21522", "sha1": "7ee1f86d6015db886e357b962fbbf776cfe451cb", "filename": "files/20030516_RS21522_7ee1f86d6015db886e357b962fbbf776cfe451cb.pdf", "images": null } ], "topics": [] } ], "topics": [ "Intelligence and National Security" ] }