[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1675 Referred in House (RFH)]
2d Session
S. 1675
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 1996
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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 ``Pam Lychner 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, 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, except during
ensuing periods of incarceration, 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), the FBI shall, during the period
in which the person is required to register under subsection
(d), verify the person's address in accordance with guidelines
that shall be promulgated by the Attorney General. Such
guidelines shall ensure that address verification is
accomplished with respect to these individuals and shall
require the submission of fingerprints and photographs of the
individual.
``(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
establishment of a new residence, including the initial
establishment of a residence immediately following release from
prison, or placement on parole, supervised release, or
probation, 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) Individual registration requirement.--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, 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) State registration requirement.--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) classify the person as being
in violation of the registration
requirements of the national database;
and
``(II) add the name of the person
to the National Crime Information
Center Wanted person file and create a
wanted persons record: Provided, That
an arrest warrant which meets the
requirements for entry into the file is
issued in connection with the
violation.
``(h) Fingerprints.--
``(1) 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.
``(2) 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.
``(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 governmental agencies
responsible for conducting employment-related background checks
under section 3 of the National Child Protection Act of 1993
(42 U.S.C. 5119a).''.
``(k) Notification Upon Release.--Any State not having established
a program described in section 170102(a)(3) must--
``(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1) of their duty to register with the FBI;
and
``(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1).''.
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, except during ensuing periods of incarceration,
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, fingerprints and a photograph of that person.''.
SEC. 7. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to read as
follows:
``(2) Transfer of information to state and the fbi.--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 all information described in paragraph (1)
to the Federal Bureau of Investigation for inclusion in the FBI
database described in section 170102.''.
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees of State and
Federal law enforcement agencies, and State and Federal officials shall
be immune from liability for good faith conduct under section 170102.
SEC. 9. 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. 10. 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, 6, and 7 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.
(c) Ineligibility for Funds.--
(1) A State that fails to implement the program as
described in section 3, 4, 5, 6, and 7 of this Act shall not
receive 10 percent of the funds that would otherwise be
allocated to the State under section 506 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3765).
(2) Any funds that are not allocated for failure to comply
with section 3, 4, 5, 6, or 7 of this Act shall be reallocated
to States that comply with these sections.
SEC. 11. 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.
Passed the Senate July 25, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.