[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2138

 To clarify the standards for State sex offender registration programs 
under the Jacob Wetterling Crimes Against Children and Sexually Violent 
                       Offender Registration Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 1996

   Mr. Gregg introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To clarify the standards for State sex offender registration programs 
under the Jacob Wetterling Crimes Against Children and Sexually Violent 
                       Offender Registration Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT OF STANDARDS FOR STATE SEX OFFENDER REGISTRATION 
              PROGRAMS.

    Section 170101 of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322) is amended--
            (1) in subsection (a)(1), by striking ``with a designated 
        State law enforcement agency'' in each of subparagraph (A) and 
        subparagraph (B);
            (2) in subsection (a)(2), by inserting before the period 
        the following: ``, or pursuant to an assessment for purposes of 
        a sentencing enhancement determination'';
            (3) in subsection (a)(3)(C), by inserting before the period 
        the following: ``, or means a person who has been convicted of 
        a sexually violent offense and has received an enhanced 
        sentence based on a determination that the person is a serious 
        danger to others due to a gravely abnormal mental condition'';
            (4) in subsection (b)(1)(A)--
                    (A) in clause (ii), by striking ``give'' and all 
                that follows through ``days'' and inserting ``report 
                the change of address as provided by State law''; and
                    (B) in clause (iii), by striking ``shall register'' 
                and all that follows through ``requirement'' and 
                inserting ``shall report the change of address as 
                provided by State law and comply with any registration 
                requirement in the new State of residence'';
            (5) by amending paragraph (2) of subsection (b) to read as 
        follows:
            ``(2) Transfer of information to state and the federal 
        bureau of investigation.--The officer, or in the case of a 
        person placed on probation, the court, shall forward the 
        registration information to the agency responsible for 
        registration under State law. State procedures shall ensure 
        that the registration information is available to a law 
        enforcement agency having jurisdiction where the person expects 
        to reside, that the information is entered into the appropriate 
        State records or data system, and that conviction data and 
        fingerprints for registered persons are transmitted to the 
        Federal Bureau of Investigation.'';
            (6) in subsection (b)(3)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting after ``(a)(1),'' the following: ``State 
                procedures shall provide for verification of address at 
                least annually. Such verification may be effected by 
                providing that'';
                    (B) in clause (i), by striking ``The designated 
                State law enforcement'' and inserting ``A designated'';
                    (C) in clause (ii), by striking ``State law 
                enforcement'';
                    (D) in clause (iii), by striking ``to the 
                designated State law enforcement agency''; and
                    (E) in clause (iv), by striking ``State law 
                enforcement'';
            (7) in subsection (b)(4), by striking ``section reported'' 
        and all that follows through ``requirement'' and inserting the 
        following: ``section shall be reported by the person in the 
        manner provided by State law. State procedures shall ensure 
        that the updated address information is available to a law 
        enforcement agency having jurisdiction where the person will 
        reside and that the information is entered into the appropriate 
        State records or data system.'';
            (8) in subsection (b)(5), by striking ``shall register'' 
        and all that follows through ``requirement'' and inserting 
        ``who moves to another State shall report the change of address 
        to the responsible agency in the State the person is leaving, 
        and shall comply with any registration requirement in the new 
        State of residence. The procedures of the State the person is 
        leaving shall ensure that notice is provided to an agency 
        responsible for registration in the new State, if that State 
        requires registration''; and
            (9) in subsection (d)(3), by striking ``the designated'' 
        and all that follows through ``State agency'' and inserting 
        ``the State or any agency authorized by the State''.
                                 <all>