[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2817 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2817

   To treat juvenile records in the same manner as adult records in 
                             certain cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 1995

 Mr. Schumer introduced the following bill; which was referred to the 
Committee on Economic and Educational Opportunities, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To treat juvenile records in the same manner as adult records in 
                             certain cases.

    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 ``Juvenile Records Act of 1995''.

SEC. 2. FEDERAL JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) so that subsection (a) reads as follows:
    ``(a) Throughout and upon completion of the juvenile delinquency 
proceeding, the records shall be treated in the same manner as the 
records of adults. The records of juveniles charged with crimes which 
would be felonies if committed by adults shall be released in the same 
manner as the records of adults charged with similar offenses.'';
            (2) by striking subsections (b) through (e) and inserting 
        the following:
    ``(b) Whenever a juvenile is found guilty of committing an act 
which if committed by an adult would require the fingerprinting and 
photographing of the offender, such juvenile shall be fingerprinted and 
photographed. Fingerprints and photographs of juveniles shall be made 
available in the manner applicable to adult offenders.''; and
            (3) in subsection (f)--
                    (A) by striking ``(f)'' and inserting ``(c)''; and
                    (B) by striking ``on two separate occasions''.

SEC. 3. STATE JUVENILE RECORDS.

    (a) In General.--Section 223(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(26) provide that the State will ensure that whenever in 
        a juvenile proceeding a juvenile is found to have committed an 
        act that would be criminal if committed by an adult--
                    ``(A) a record is kept relating to such proceeding 
                that is--
                            ``(i) equivalent to the records that would 
                        be kept relating to convictions of an adult for 
                        committing such act;
                            ``(ii) retained for a period of time that 
                        is equal to the period of time records are 
                        retained for such convictions; and
                            ``(iii) made available to law enforcement 
                        and school officials to the same extent that 
                        records of such convictions would be made 
                        available, except that such a record regarding 
                        an act that would be charged as a felony (as 
                        defined in section 3156(a) of title 18 of the 
                        United States Code) if committed by an adult 
                        shall be treated in the same manner as records 
                        of convictions of adults for committing such 
                        felony;
                    ``(B) the juvenile is fingerprinted and 
                photographed, and the fingerprints and photographs are 
                retained and distributed in the same manner as are the 
                fingerprints and photographs of adults convicted of 
                committing such act; and
                    ``(C) the court in which such proceeding is held 
                transmits to the Federal Bureau of Investigation the 
                information concerning such proceeding, including the 
                name and birth date of the juvenile, the date of the 
                finding, and disposition of the matter.''.
    (b) Formula Grant Reduction for Noncompliance.--Section 506 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by adding at the end the following:
    ``(g)(1) In order not to reduce the funds available under this 
subpart by 20 percent (for redistribution to other participating 
States), a State shall, not later than the first day of the first 
fiscal year beginning after the 3-year period beginning after the date 
of the enactment of the Juvenile Records Act of 1995, comply with the 
requirements of section 223(a)(26) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)).
    ``(2) The Attorney General may extend the time period referred to 
in paragraph (1) to a 5-year period if the Attorney General determines 
that the State has made a good faith effort to comply with the 
requirements referred to in such paragraph.''.
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