[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 767 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 767

 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

                              May 20, 1997

 Mr. Gregg (for himself and Mr. Gramm) 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. SHORT TITLE.

    This Act may be cited as the ``Jacob Wetterling Crimes Against 
Children and Sexually Violent Offenders Registration Improvements Act 
of 1997''.

SEC. 2. AMENDMENT OF STANDARDS FOR STATE SEX OFFENDER REGISTRATION 
              PROGRAMS.

    (a) In General.--Section 170101(a) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``with a 
                designated State law enforcement agency''; and
                    (B) in subparagraph (B), by striking ``with a 
                designated State law enforcement agency''; and
            (2) by striking paragraph (2), and inserting the following:
            ``(2) Determination by state boards.--
                    ``(A) In general.--A determination that a person is 
                a sexually violent predator or a determination that a 
                person is no longer a sexually violent predator for 
                purposes of this section shall be made by the 
                sentencing court, after considering--
                            ``(i) the recommendations of the 
                        appropriate State board or boards under 
                        subparagraph (B)(iii); or
                            ``(ii) with respect to a State described in 
                        subparagraph (C), the recommendations of the 
                        State, which shall be made in accordance with 
                        the procedures described in that subparagraph.
                    ``(B) State boards.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (C), not later than 2 years after 
                        the date of enactment of the Jacob Wetterling 
                        Crimes Against Children and Sexually Violent 
                        Offenders Registration Improvements Act of 
                        1997, each State shall establish 1 or more 
                        State boards in accordance with this 
                        subparagraph.
                            ``(ii) Membership.--Each State board 
                        established under this subparagraph shall be 
                        composed of--
                                    ``(I) experts in the behavior and 
                                treatment of sex offenders;
                                    ``(II) victims' rights advocates; 
                                and
                                    ``(III) representatives of law 
                                enforcement agencies.
                            ``(iii) Recommendations.--Upon the request 
                        of a sentencing court, a State board 
                        established under this subparagraph shall make 
                        a recommendation to the sentencing court 
                        regarding whether a person is a sexually 
                        violent predator or whether a person is no 
                        longer a sexually violent predator for purposes 
                        of this section.
                    ``(C) Waiver.--The Attorney General of the United 
                States may waive the requirement that a State establish 
                1 or more boards in accordance with subparagraph (B), 
                if the State demonstrates to the satisfaction of the 
                Attorney General that the State--
                            ``(i) has established alternative 
                        procedures for making recommendations to a 
                        sentencing court for purposes of subparagraph 
                        (A); and
                            ``(ii) will make a recommendation described 
                        in clause (i) with respect to any person, upon 
                        the request of the sentencing court.''.
    (b) Requirements Upon Release, Parole, Supervised Release, or 
Probation.--Section 170101(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the paragraph designation and 
                heading and inserting the following:
            ``(1) Duties of responsible officials.--'';
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``or in the case of probation, the 
                        court'' and inserting ``a designated State 
                        agency, the court, or other responsible 
                        official'';
                            (ii) in clause (ii), by striking ``give'' 
                        and all that follows before the semicolon and 
                        inserting ``report the change of address as 
                        provided by State law''; and
                            (iii) in clause (iii), by striking ``shall 
                        register'' and all that follows before the 
                        semicolon 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''; and
                    (C) in subparagraph (B), by striking ``or the 
                court'' and inserting ``, the designated State agency, 
                the court, or other responsible official'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Transfer of information to federal bureau of 
        investigation and to state.--
                    ``(A) In general.--A designated State agency, the 
                court, or other responsible official, shall forward the 
                registration information to the agency responsible for 
                registration under State law, in accordance with State 
                procedures that meet the requirements of subparagraph 
                (B).
                    ``(B) State procedures.--State procedures shall 
                ensure that, as promptly as practicable--
                            ``(i) the registration information is 
                        provided and made available to a law 
                        enforcement agency having jurisdiction where 
                        the person expects to reside;
                            ``(ii) the registration information is 
                        entered into the appropriate State records or 
                        data system; and
                            ``(iii) conviction data and fingerprints 
                        for registered persons are transmitted to the 
                        Federal Bureau of Investigation.'';
            (3) in paragraph (3)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting after ``(a)(1),'' the following: ``with 
                respect to any person required to register under 
                subsection (a)(1)(A), State procedures shall provide 
                for verification of address not less than 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'';
            (4) in paragraph (4), by striking ``section reported'' and 
        all that follows before the period at the end and inserting 
        ``section shall be reported by the person in the manner 
        provided by State law. State procedures shall ensure that the 
        updated address information is provided promptly to a law 
        enforcement agency having jurisdiction over the location at 
        which the person will reside and that the information is 
        entered into the appropriate State records or data system'';
            (5) in paragraph (5), by striking ``shall register'' and 
        all that follows before the period at the end and inserting 
        ``and 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 promptly 
        to an agency responsible for registration in the new State, if 
        that State requires registration''; and
            (6) by adding at the end the following:
            ``(7) Offenders crossing state borders.--
                    ``(A) In general.--
                            ``(i) Registration under laws of certain 
                        states.--Any person who is required to register 
                        in that person's State of residence under this 
                        section shall also register in accordance with 
                        the law that governs the registration, 
                        verification, and notification of sex offenders 
                        of each State in which that person is--
                                    ``(I) employed or carries on a 
                                vocation; or
                                    ``(II) enrolled as a student.
                            ``(ii) Definitions.--In this subparagraph--
                                    ``(I) the term `employed or carries 
                                on a vocation' includes employment that 
                                is full-time or part-time, for a period 
                                of time exceeding 14 days or for an 
                                aggregate period of time exceeding 30 
                                days during any calendar year, whether 
                                financially compensated, volunteered, 
                                or for the purpose of government or 
                                educational benefit; and
                                    ``(II) the term `student' includes 
                                any person who is enrolled on a full- 
                                or part-time basis, in any public or 
                                private educational institution, 
                                including any secondary school, trade 
                                or professional institution, or 
                                institution of higher education.
                    ``(B) Notification requirements.--The State 
                authority responsible for the registration of sex 
                offenders in each State shall ensure that each person 
                who is required to register under this paragraph is 
                notified of the requirements of this paragraph and the 
                potential consequences of a failure to comply with 
                those requirements.
            ``(8) Relocating state probationers and parolees.--
                    ``(A) In general.--Notwithstanding any conflicting 
                terms of a probation, parole, or transfer agreement, 
                any person who is serving a sentence of probation, 
                parole, or other supervised release for conviction of 
                an offense that requires registration under this 
                section, and who is residing in any State other than 
                the State in which that person was sentenced for that 
                offense, shall register in accordance with the law of 
                the State of residence of the offender that governs the 
                registration and notification of sex offenders, 
                regardless of any registration or notification 
                obligation under the law of the State in which that 
                person was sentenced for the offense.
                    ``(B) Effect of failure to comply.--A person 
                required to register under subparagraph (A) who 
                knowingly fails to comply with this paragraph, not 
                later than 10 days after the date on which the person 
                establishes residence in a State other than the State 
                in which the person was sentenced as described in 
                subparagraph (A)--
                            ``(i) shall be subject to punishment by a 
                        State with respect to which the person is 
                        registered under subparagraph (A); and
                            ``(ii) shall be guilty of an extraditable 
                        offense, for which a Federal warrant for 
                        unlawful flight to avoid prosecution is 
                        available.
                    ``(C) Notification requirements.--Each State 
                authority responsible for the registration of sex 
                offenders who reside in that State--
                            ``(i) shall ensure, during the course of 
                        verification of registration information, that 
                        each person who is required to register under 
                        this paragraph is notified of the requirements 
                        of this paragraph and the potential 
                        consequences of a failure to comply with those 
                        requirements; and
                            ``(ii) whether the relocation a of sex 
                        offender described in this paragraph occurs 
                        under courtesy supervision or otherwise, 
                        shall--
                                    ``(I) notify the authority 
                                responsible for sex offender 
                                registration and notification in the 
                                State of relocation of the pending 
                                arrival of the offender in that State 
                                of relocation; and
                                    ``(II) provide the authority 
                                responsible for sex offender 
                                registration and notification in the 
                                State of relocation with information 
                                relating to the sex offender, 
                                including--
                                            ``(aa) the social security 
                                        number, physical description, 
                                        criminal record, terms of 
                                        supervision, and any alias of 
                                        the sex offender; and
                                            ``(bb) the address, 
                                        telephone number, and any place 
                                        of employment of the sex 
                                        offender in the State of 
                                        relocation.
            ``(9) Reporting requirement.--Not later than July 1, 1999, 
        a State shall submit a report to the Attorney General that sets 
        forth existing or proposed laws, including penalty provisions, 
        regarding stalking crimes against individuals 16 years of age 
        or younger.''.
    (c) Release of Information.--Section 170101(d)(3) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(d)(3)) 
is amended--
            (1) by striking ``the designated'' and all that follows 
        through ``State agency'' and inserting ``the State or any 
        agency authorized by the State'';
            (2) by inserting ``to be disclosed only for criminal 
        justice purposes'' after ``private data,''; and
            (3) by adding at the end the following: ``The sale or 
        exchange of such information for profit or remuneration is 
        prohibited and shall be subject to prosecution under State 
        law.''.
    (d) Immunity for Good Faith Conduct.--Section 170101(e) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14071(e)) is amended by striking ``and State officials'' and inserting 
``independent contractors acting at the direction of those agencies, 
and State officials''.
    (e) Federal Offenders and Military Personnel.--Section 170102(g)(3) 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14072(g)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii) and indenting each clause 2 ems to the right;
            (2) by striking ``A person'' and inserting the following:
                    ``(A) In general.--A person''; and
            (3) by adding at the end the following:
                    ``(B) Federal offenders.--
                            ``(i) In general.--A person who is released 
                        from prison, or placed on parole, supervised 
                        release, or probation--
                                    ``(I) who is convicted under 
                                Federal law of--
                                            ``(aa) a criminal offense 
                                        against a victim who is a 
                                        minor; or
                                            ``(bb) a sexually violent 
                                        offense; or
                                    ``(II) who has been determined to 
                                be a sexually violent predator,
                        shall, in addition to complying with the 
                        registration requirement in paragraph (2), 
                        register in accordance with the law of the 
                        State of residence of that person.
                            ``(ii) Notification requirements.--The 
                        Director of the Bureau of Prisons shall ensure 
                        that each person who is required to register 
                        under this subparagraph is notified of the 
                        requirements of this subparagraph and the 
                        potential consequences of a failure to comply 
                        with those requirements.
                    ``(C) Military personnel.--
                            ``(i) In general.--
                                    ``(I) Registration under laws of 
                                state of residence.--A member of the 
                                Armed Forces of the United States who 
                                has--
                                            ``(aa) been convicted of a 
                                        criminal offense against a 
                                        victim who is a minor;
                                            ``(bb) been convicted of a 
                                        sexually violent offense ; or
                                            ``(cc) been determined to 
                                        be a sexually violent predator,
                                by a court of the United States, a 
                                court of a State, or a court-martial 
                                under the Uniform Code of Military 
                                Justice, shall register with the 
                                entities referred to in subclause (II).
                                    ``(II) Entities.--The entities 
                                referred to in this subclause are--
                                            ``(aa) the FBI; and
                                            ``(bb) the State of 
                                        residence of the member, and if 
                                        different from the State of 
                                        residence, the State in which 
                                        the member is permanently 
                                        assigned.
                                    ``(III) Determination of state of 
                                residence.--For purposes of subclause 
                                (II)(bb), the State of residence of a 
                                member of the Armed Forces of the 
                                United States is--
                                            ``(aa) in the case of a 
                                        member whose permanent duty 
                                        station is in a State 
                                        (including such a member who 
                                        resides on a military 
                                        installation or is serving 
                                        aboard a vessel at sea), the 
                                        State where the member resides 
                                        whenever the member is present 
                                        at that permanent duty station; 
                                        and
                                            ``(bb) in the case of a 
                                        member whose permanent duty 
                                        station is outside the United 
                                        States, the State of the 
                                        member's home of record (as 
                                        determined under regulations 
                                        prescribed by the Secretary of 
                                        the military department 
                                        concerned).
                            ``(ii) Effect of failure to comply.--A 
                        person who is required to register under this 
                        subparagraph and who knowingly fails to comply 
                        with this section may be punished--
                                    ``(I) under section 170102(i)(1);
                                    ``(II) under the Uniform Code of 
                                Military Justice; or
                                    ``(III) in accordance with the 
                                applicable laws of the State with 
                                respect to which that person is 
                                registered.
                            ``(iii) Notification requirements.--The 
                        Secretary of Defense shall ensure that each 
                        member of the Armed Forces of the United States 
                        who is required to register under this 
                        paragraph is notified of the requirements of 
                        this paragraph and the potential consequences 
                        of a failure to comply with those 
                        requirements.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that each State should have in effect a 
law that makes it a crime to stalk an individual under the age of 16 
without requiring that such individual be physically harmed before a 
stalker is restrained or punished.
                                 <all>