[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2154 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2154

  To establish a National sex offender registration database, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2004

   Mr. Dorgan (for himself, Mr. Dayton, Mr. Coleman, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish a National sex offender registration database, 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 ``National Sex Offender Registry Act 
of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Criminal offense against a victim who is a minor.--The 
        term ``criminal offense against a victim who is a minor'' has 
        the same meaning as in section 170101(a)(3) of the Jacob 
        Wetterling Crimes Against Children and Sexually Violent 
        Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (2) Minimally sufficient sexual offender registration 
        program.--The term ``minimally sufficient sexual offender 
        registration program'' has the same meaning as in section 
        170102(a) of the Jacob Wetterling Crimes Against Children and 
        Sexually Violent Offender Registration Act (42 U.S.C. 
        14072(a)).
            (3) Sexually violent offense.--The term ``sexually violent 
        offense'' has the same meaning as in section 170101(a)(3) of 
        the Jacob Wetterling Crimes Against Children and Sexually 
        Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (4) Sexually violent predator.--The term ``sexually violent 
        predator'' has the same meaning as in section 170102(a) of the 
        Jacob Wetterling Crimes Against Children and Sexually Violent 
        Offender Registration Act (42 U.S.C. 14072(a)).

SEC. 3. ESTABLISHMENT OF DATABASE.

    (a) In General.--The Attorney General shall establish a National 
sex offender registry that--
            (1) makes publicly available, via the Internet, all 
        information required to be submitted by States to the Attorney 
        General under subsection (b); and
            (2) allows for users of the registry to determine which 
        registered sex offenders are currently residing within a 
        radius, as specified by the user of the registry, of the 
        location indicated by the user of the registry.
    (b) Information From States.--
            (1) In general.--If any person convicted of a criminal 
        offense against a victim who is a minor or a sexually violent 
        offense, or any sexually violent predator, is required to 
        register with a minimally sufficient sexual offender 
        registration program within a State, including a program 
        established under section 170101 of the Jacob Wetterling Crimes 
        Against Children and Sexually Violent Offender Registration Act 
        (42 U.S.C. 14017(b)), that State shall submit to the Attorney 
        General--
                    (A) the name and any known aliases of the person;
                    (B) the date of birth of the person;
                    (C) the current address of the person and any 
                subsequent changes of that address;
                    (D) a physical description and current photograph 
                of the person;
                    (E) the nature of and date of commission of the 
                offense by the person; and
                    (F) the date on which the person is released from 
                prison, or placed on parole, supervised release, or 
                probation.
            (2) States without registration program.--The Federal 
        Bureau of Investigation shall collect from any person required 
        to register under section 170102(c) of the Jacob Wetterling 
        Crimes Against Children and Sexually Violent Offender 
        Registration Act (42 U.S.C. 14072(b)) the information required 
        under paragraph (1), and submit that information to the 
        Attorney General for inclusion in the National sex offender 
        registry established under section 2.

SEC. 4. RELEASE OF HIGH RISK INMATES.

    (a) Civil Commitment Proceedings.--
            (1) In general.--Any State that provides for a civil 
        commitment proceeding, or any equivalent proceeding, shall 
        issue timely notice to the attorney general of that State of 
        the impending release of any person incarcerated by the State 
        who--
                    (A) is a sexually violent predator; or
                    (B) has been deemed by the State to be at high-risk 
                for recommitting any sexually violent offense or 
                criminal offense against a victim who is a minor.
            (2) Review.--Upon receiving notice under paragraph (1), the 
        State attorney general shall consider whether or not to 
        institute a civil commitment proceeding, or any equivalent 
        proceeding required under State law.
    (b) Monitoring of Released Persons.--
            (1) In general.--Each State shall intensively monitor, for 
        not less than 1 year, any person described under paragraph (2) 
        who--
                    (A) has been unconditionally released from 
                incarceration by the State; and
                    (B) has not been civilly committed pursuant to a 
                civil commitment proceeding, or any equivalent 
                proceeding under State law.
            (2) Applicability.--Paragraph (1) shall apply to--
                    (A) any sexually violent predator; or
                    (B) any person who has been deemed by the State to 
                be at high-risk for recommitting any sexually violent 
                offense or criminal offense against a victim who is a 
                minor.

SEC. 5. COMPLIANCE.

    (a) Compliance Date.--Each State shall have not more than 3 years 
from the date of enactment of this Act in which to implement the 
requirements of sections 3 and 4.
    (b) Ineligibility for Funds.--A State that fails to submit the 
information required under section 3(b) to the Attorney General, or 
fails to implement the requirements of section 4, shall not receive 25 
percent of the funds that would otherwise be allocated to the State 
under section 20106(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13706(b)).
    (c) Reallocation of Funds.--Any funds that are not allocated for 
failure to comply with this section shall be reallocated to States that 
comply with sections 3 and 4.
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