[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1675 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1675
To provide for the nationwide tracking of convicted sexual predators,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16, 1996
Mr. Gramm (for himself, Mr. Biden, Mrs. Hutchison, and Mr. Faircloth)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the nationwide tracking of convicted sexual predators,
and for other purposes.
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 ``Sexual Offender Tracking and
Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of
Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent
predator', `mental abnormality', and `predatory' have the same
meanings as in section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender
registration program that--
``(A) requires the registration of each offender
who is convicted of an offense described in
subparagraph (A) or (B) of section 170101(a)(1);
``(B) requires that all information gathered under
such program be transmitted to the FBI in accordance
with subsection (g) of this section;
``(C) meets the requirements for verification under
section 170101(b)(3); and
``(D) requires that each person who is required to
register under subparagraph (A) shall do so for a
period of not less than 10 years beginning on the date
that such person was released from prison or placed on
parole, supervised release, or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal
offense against a victim who is a minor;
``(2) each person who has been convicted of a sexually
violent offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, a set of fingerprints of that person, and a
current photograph of that person with the FBI for inclusion in the
database established under subsection (b) for the time period specified
under subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall continue to
comply with this section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release,
or probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense
described in subsection (b);
``(B) has been convicted of aggravated sexual
abuse, as defined in section 2241 of title 18, United
States Code, or in a comparable provision of State law;
or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), on each anniversary of the
initial registration date during the period in which the person
is required to register under subsection (d)--
``(A) the FBI shall mail a nonforwardable
verification form to the last reported address of the
person;
``(B) the verification form shall be signed by the
person, and state whether the person still resides at
the address last reported to the FBI; and
``(C) the person shall mail the verification form,
along with a set of fingerprints and a current
photograph of that person, to the FBI not later than 10
days after receipt of the form.
``(2) Sexually violent predators.--Paragraph (1) shall
apply to a person described in subsection (b)(3), except that
such person must verify the registration once every 90 days
after the date of the initial release or commencement of parole
of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release
the identity of any victim of an offense that requires
registration by the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for
not less than 10 days.
``(2) Persons required to register with the fbi.--Each
change of address by a person required to register under
subsection (c) shall be reported to the FBI not later than 10
days after that person establishes a new residence.
``(3) Interstate movement.--A person required to register
under subsection (c) or under a minimally sufficient offender
registration program, including a program established under
section 170101, who changes address to a State other than the
State in which the person resided at the time of the
immediately preceding registration shall, not later than 10
days after that person establishes a new residence, register a
current address, set of fingerprints, and photograph of that
person, for inclusion in the appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is
established.
``(4) Intrastate movement.--Any time any State agency in a
State with a minimally sufficient sexual offender registration
program, including a program established under section 170101,
is notified of a change of address by a person required
to register under such program within or outside of such State, the
State shall notify--
``(A) the law enforcement officials of the
jurisdiction to which, and the jurisdiction from which,
the person has relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement
officials.--The FBI shall ensure that State and local
law enforcement officials of the jurisdiction from
which, and the State and local law enforcement
officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency
receiving notification under this subsection shall
notify the FBI of the new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency
cannot verify the address of or locate a person
required to register with a minimally
sufficient sexual offender registration
program, including a program established under
section 170101, the State shall immediately
notify the FBI.
``(ii) FBI.--If the FBI cannot verify the
address of or locate a person required to
register under subsection (c) or if the FBI
receives notification from a State under clause
(i), the FBI shall--
``(I) notify all States with a
minimally sufficient sexual offender
registration program, including a
program established under section
170101; and
``(II) add the name of the person
to the Wanted Persons Index.
``(h) Fingerprints.--
``(1) In general.--
``(A) FBI registration.--For each person required
to register under subsection (c), fingerprints shall be
obtained and verified by the FBI or a local law
enforcement official pursuant to regulations issued by
the Attorney General.
``(B) State registration systems.--In a State that
has a minimally sufficient sexual offender registration
program, including a program established under section
170101, fingerprints required to be registered with the
FBI under this section shall be obtained and verified
in accordance with State requirements. The State agency
responsible for registration shall ensure that the
fingerprints and all other information required to be
registered is registered with the FBI.
``(2) Fees.--The FBI may collect fees pursuant to title II
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1991, under
the heading `Federal Bureau of Investigation' under the
subheading `salaries and expenses' to offset the costs of
fingerprint verification carried out under subsection (j)(2).
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than
$100,000; or
``(B) if the person has been convicted of more than
1 offense described in subsection (b), be imprisoned
for up to 1 year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice
agencies for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with
section 170101(d)(3); and
``(2) to Federal, State, and local criminal justice
agencies conducting legitimate employment-related background
checks for private organizations under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to
register under subsection (a)(1) shall continue to comply with
this section until--
``(A) 10 years have elapsed since the person was
released from prison or placed on parole, supervised
release, or probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for
an offense described in subsection (a)(1)(A);
or
``(ii) has been convicted of an aggravated
offense described in subsection (a)(1)(A); or
``(iii) has been determined to be a
sexually violent predator pursuant to
subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form a set of fingerprints and a photograph of that
person.''.
SEC. 7. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, and 6 of this Act not later than 3
years after the date of enactment of this Act, except that the Attorney
General may grant an additional 2 years to a State that is making good
faith efforts to implement such amendments.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
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