[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 324 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 324


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

                                Received

                           November 23, 1993

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
  To require any person who is convicted of a State criminal offense 
against a victim who is a minor to register a current address with law 
  enforcement officials of the State for 10 years after release from 
                    prison, parole, or supervision.

    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 the ``Jacob Wetterling Crimes Against 
Children Registration Act''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

    (a) In General.--
            (1) State guidelines.--The Attorney General shall establish 
        guidelines for State programs requiring any person who is 
        convicted of a criminal offense against a victim who is a minor 
        to register a current address with a designated State law 
        enforcement agency for 10 years after release from prison, or 
        being placed on parole, supervised release, or probation.
            (2) Definition.--For purposes of this subsection, the term 
        ``criminal offense against a victim who is a minor'' means any 
        criminal offense that consists of--
                    (A) kidnapping of a minor, except by a parent;
                    (B) false imprisonment of a minor, except by a 
                parent;
                    (C) criminal sexual conduct toward a minor;
                    (D) solicitation of a minor to engage in sexual 
                conduct;
                    (E) use of a minor in a sexual performance;
                    (F) solicitation of a minor to practice 
                prostitution;
                    (G) any conduct that by its nature is a sexual 
                offense against a minor; or
                    (H) an attempt to commit an offense described in 
                any of subparagraphs (A) through (G) of this paragraph, 
                if the State--
                            (i) makes such an attempt a criminal 
                        offense; and
                            (ii) chooses to include such an offense in 
                        those which are criminal offenses against a 
                        victim who is a minor for the purposes of this 
                        section.
    (b) Registration Requirement Upon Release, Parole, Supervised 
Release, or Probation.--An approved State registration program 
established under this section shall contain the following 
requirements:
            (1) Duty of state prison official or court.--If a person 
        who is required to register under this section is released from 
        prison, or placed on parole, supervised release, or probation, 
        a State prison officer, or in the case of probation, the court, 
        shall--
                    (A) inform the person of the duty to register and 
                obtain the information required for such registration;
                    (B) inform the person that if the person changes 
                residence address, the person shall give the new 
                address to a designated State law enforcement agency in 
                writing within 10 days;
                    (C) inform the person that if the person changes 
                residence to another State, the person shall register 
                the new address with the law enforcement agency with 
                whom the person last registered, and the person is also 
                required to register with a designated law enforcement 
                agency in the new State not later than 10 days after 
                establishing residence in the new State, if the new 
                State has a registration requirement;
                    (D) obtain fingerprints and a photograph of the 
                person if these have not already been obtained in 
                connection with the offense that triggers registration; 
                and
                    (E) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (2) Transfer of information to state and the f.b.i.--The 
        officer, or in the case of a person placed on probation, the 
        court, shall, within 3 days after receipt of information 
        described in paragraph (1), forward it to a designated State 
        law enforcement agency. The State law enforcement agency shall 
        immediately enter the information into the appropriate State 
        law enforcement record system and notify the appropriate law 
        enforcement agency having jurisdiction where the person expects 
        to reside. The State law enforcement agency shall also 
        immediately transmit the conviction data and fingerprints to 
        the Federal Bureau of Investigation.
            (3) Annual verification.--On each anniversary of a person's 
        initial registration date during the period in which the person 
        is required to register under this section, the designated 
        State law enforcement agency shall mail a nonforwardable 
        verification form to the last reported address of the person. 
        The person shall mail the verification form to the designated 
        State law enforcement agency within 10 days after receipt of 
        the form. The verification form shall be signed by the person, 
        and state that the person still resides at the address last 
        reported to the designated State law enforcement agency. If the 
        person fails to mail the verification form to the designated 
        State law enforcement agency within 10 days after receipt of 
        the form, the person shall be in violation of this section 
        unless the person proves that the person has not changed his or 
        her residence address.
            (4) Notification of local law enforcement agencies of 
        changes in address.--Any change of address by a person required 
        to register under this section reported to the designated State 
        law enforcement agency shall immediately be reported to the 
        appropriate law enforcement agency having jurisdiction where 
        the person is residing. The designated law enforcement agency 
        shall, if the person changes residence to another State, notify 
        the person of the law enforcement agency with which the person 
        must register in the new State, if the new State has a 
        registration requirement.
            (5) Privacy of data.--The information collected under a 
        State registration program shall be treated as private data on 
        individuals and may be disclosed only to law enforcement 
        agencies for investigative purposes or to government agencies 
        conducting confidential background checks with fingerprints on 
        applicants for child care positions or other positions 
        involving contact with children.
    (c) Registration for Change of Address to Another State.--A person 
who has been convicted of an offense which triggered registration in a 
State shall register the new address with a designated law enforcement 
agency in another State to which the person moves not later than 10 
days after such person establishes residence in the new State, if the 
new State has a registration requirement.
    (d) Registration for 10 Years.--A person required to register under 
this section shall continue to comply with this section until 10 years 
have elapsed since the person was released from prison, or placed on 
parole, supervised release, or probation.
    (e) Penalty.--A person required to register under a State program 
established pursuant to this section who knowingly fails to so register 
and keep such registration current shall be subject to criminal 
penalties in any State in which the person has so failed.
    (f) Compliance.--
            (1) Compliance date.--Each State shall have 3 years from 
        the date of the enactment of this Act in which to implement 
        this section.
            (2) Ineligibility for funds.--The allocation of funds under 
        section 506 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3756) received by a State not 
        complying with the guidelines issued under this section 3 years 
        after the date of enactment of this Act may be reduced by 10 
        percent and the unallocated funds shall be reallocated to the 
        States in compliance with this section.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.