[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3256 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3256

 To provide for the registration of persons convicted of sex offenses 
                           against children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 1993

   Mr. Pete Geren of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for the registration of persons convicted of sex offenses 
                           against children.

    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 ``Child Protection Act of 1993''.

SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS WHOSE VICTIMS ARE 
              CHILDREN.

    (a) States To Register Persons Convicted of Sex Offenses Against 
Children.--
            (1) In general.--Each State shall establish and maintain a 
        registration program under this section requiring persons 
        convicted of a sex offense against a victim who is a child to 
        register a current address and other information that the 
        Attorney General deems relevant, with a designated State law 
        enforcement agency for 20 years after being released from 
        prison or otherwise being freed from detention after the 
        conviction becomes final. Each State shall permit members of 
        the public to inquire whether any registered offenders live in 
        their vicinity and whether a named individual is so registered.
            (2) Attorney general to establish guidelines.--The Attorney 
        General shall establish guidelines for State registration 
        programs under this section.
            (3) Mandatory elements of guidelines.--Such guidelines 
        shall include provision for--
                    (A) a requirement that the State obtain the 
                fingerprints, physical description, and current 
                photographs of each registered person;
                    (B) annual updating of the information contained in 
                the registry by each registered person;
                    (C) criminal penalties for failing to comply with 
                the registration requirements; and
                    (D) a toll-free phone number through which 
                residents of the State may make the inquiries described 
                in paragraph (1).
    (b) States To Report.--
            (1) In general.--Each State shall report to the Attorney 
        General, in such form and manner as the Attorney General shall 
        prescribe--
                    (A) information about each conviction for a sex 
                offense against a victim who is a child; and
                    (B) the information on the registry that State is 
                required to establish and maintain under subsection 
                (a).
            (2) Annual summary of convictions.--The Attorney General 
        shall publish an annual summary of convictions for sex offenses 
        involving children, based on information reported under this 
        section.
    (c) Sanction for Noncompliance by State.--If a State fails to 
comply with an obligation under subsection (a) or (b) during the period 
that begins 3 years after the date of the enactment of this Act, 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) shall be reduced 
by 25 percent, and the unallocated funds shall be reallocated to the 
States complying with those obligations.
    (d) Background Checks.--
            (1) In general.--A State shall permit qualified entities to 
        obtain from an authorized agency of the State a nationwide 
        background check for the purpose of determining whether there 
        is a report that a provider has been convicted of a background 
        check crime.
            (2) Attorney general to provide information.--The Attorney 
        General, in accordance with such rules and subject to such 
        conditions as the Attorney General shall prescribe, shall 
        provide to authorized agencies of States information possessed 
        by the Department of Justice that would enable the agency to 
        make the background check described in paragraph (1). In making 
        such rules and setting such conditions, the Attorney General 
        shall take care to assure--
                    (A) the currency and accuracy of the information; 
                and
                    (B) that the States maintain procedures to permit 
                providers to check and correct information relating to 
                such providers.
    (e) Definitions.--As used in this Act--
            (1) the term ``child'' means a person who has not attained 
        the age of 18 years;
            (2) the term ``sex offense'' means a criminal offense which 
        includes as a element conduct that is a sexual act or sexual 
        conduct as defined in section 2245 of title 18, United States 
        Code;
            (3) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States;
            (4) the term ``authorized agency of the State'' means the 
        agency of the State the State designates to carry out the 
        background checks described in subsection (d);
            (5) the term ``qualified entity'' means a business or 
        organization of any sort that provides child education or child 
        care or child education or child care placement services, 
        including a business or organization that licenses or certifies 
        others to provide such services;
            (6) the term ``provider'' means any person who--
                    (A) seeks or has contact with a child while that 
                child is receiving care from a qualified entity; and
                    (B) seeks employment or ownership of a qualified 
                entity; and
            (7) the term ``background check crime'' means, with respect 
        to a provider, any crime committed by that provider that, as 
        determined under rules prescribed by the Attorney General, may 
        affect the safety of children under the care of a qualified 
        entity with respect to which that provider has a relationship 
        described in paragraph (5).

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