[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1355 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1355

 To improve the Jacob Wetterling Crimes Against Children and Sexually 
Violent Offender Registration Program by providing new protections for 
                   children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2005

  Mr. Poe (for himself, Mr. Foley, Mr. McCaul of Texas, Mr. Franks of 
  Arizona, Mr. Gene Green of Texas, Mr. Wilson of South Carolina, Mr. 
 Dent, Mr. Alexander, Mr. Culberson, Mrs. Myrick, Mr. Neugebauer, Mr. 
  Brady of Texas, Mr. Gingrey, Mr. Miller of Florida, Mr. Cantor, Mr. 
     Wamp, Mr. Aderholt, Mr. Hostettler, Mr. Cole of Oklahoma, Mr. 
 Westmoreland, and Mr. Bartlett of Maryland) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To improve the Jacob Wetterling Crimes Against Children and Sexually 
Violent Offender Registration Program by providing new protections for 
                   children, 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 ``Child Predator Act of 2005''.

SEC. 2. AMENDMENTS TO JACOB WETTERLING CRIMES AGAINST CHILDREN AND 
              SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.

    (a) In General.--Section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended as follows:
            (1) Definition.--Subparagraph (A) of subsection (a)(3) of 
        such section is amended to read as follows:
                    ``(A) The term `criminal offense against a victim 
                who is a minor' includes every offense (whether 
                Federal, State, local, tribal, foreign, or otherwise), 
                when committed against a victim who is a minor, that 
                involves any one or more of the following:
                            ``(i) Kidnapping (unless committed by a 
                        parent of the minor).
                            ``(ii) False imprisonment (unless committed 
                        by a parent of the minor).
                            ``(iii) Sexual conduct.
                            ``(iv) Solicitation to engage in sexual 
                        conduct.
                            ``(v) Use in a sexual performance.
                            ``(vi) Solicitation to practice 
                        prostitution.
                            ``(vii) Production or distribution of child 
                        pornography (including an offense under section 
                        2251, 2252, or 2252A of title 18, United States 
                        Code).
                            ``(viii) Any other conduct that by its 
                        nature is a sexual offense.
                            ``(ix) Any other wrongful conduct 
                        designated by the Attorney General.
                            ``(x) Any attempt or conspiracy to commit 
                        an offense under this subparagraph.''.
            (2) New definition.--Subsection (a)(3) is further amended 
        by adding at the end the following new subparagraph:
                    ``(H) The term `child predator' means a person who 
                is convicted of a criminal offense against a victim who 
                is a minor, if the offense is sexual in nature and the 
                minor is age 13 or younger.''.
            (3) Registration requirements.--Subsection (b) of such 
        section is amended by adding at the end the following new 
        paragraph:
            ``(8) Special rules applying to child predators.--In the 
        case of a child predator, the following requirements shall (in 
        addition to any other requirements under this section) apply:
                    ``(A) Change of address.--State procedures shall 
                specify the period in which the child predator must 
                report a change of address, but the period shall not 
                exceed 10 days after the change of address takes 
                effect.
                    ``(B) Notification of schools and other entities.--
                State procedures shall require (in addition to any 
                other requirements a State may impose) that, whenever 
                the child predator is required to provide registration 
                information--
                            ``(i) the child predator also provides the 
                        same information to appropriate entities within 
                        the child predator's community, including--
                                    ``(I) schools;
                                    ``(II) public housing; and
                                    ``(III) at least 2 media outlets 
                                (such as newspapers, television 
                                stations, or radio stations) covering 
                                that community; and
                            ``(ii) an appropriate law enforcement 
                        agency shall supervise and verify the child 
                        predator's compliance with clause (i).
                    ``(C) Interpretation of community.--For the 
                purposes of subparagraph (B), the Attorney General 
                shall interpret the term `community' in a broad and 
                flexible manner and give deference to a State's 
                interpretation of that term so long as it is 
                reasonable.
                    ``(D) Penalties.--Whenever a child predator 
                knowingly fails to comply with a requirement of this 
                paragraph, the child predator shall be imprisoned not 
                more than 2 years or fined under title 18, United 
                States Code, or both.''.
            (4) Penalties.--Subsection (d) of such section is amended 
        by adding at the end the following new sentence: ``In the case 
        of a child predator, the child predator shall also be 
        considered to have committed a Federal offense and, by reason 
        of committing that offense, shall be imprisoned not more than 2 
        years or fined under title 18, United States Code, or both.''
    (b) FBI Database.--Section 170102 of that Act (42 U.S.C. 14072) is 
amended by adding at the end the following new subsection:
    ``(l) Release by Internet.--The FBI shall disclose to the public, 
on a free-access internet site, all information collected by the FBI 
under this section, that relates to child predators (as defined in 
section 170101). The disclosure shall include, for each child predator, 
a recent photograph. The site--
            ``(1) shall include a feature under which a member of the 
        public can specify an address and be provided with the 
        registration information of all such child predators within a 
        radius of that address;
            ``(2) shall include other searching and sorting 
        capabilities; and
            ``(3) shall, whenever the site displays the information 
        relating to a child predator along with other information 
        relating to other individuals, display the information with 
        respect to the child predator in a manner that clearly--
                    ``(A) indicates that the person is a child 
                predator; and
                    ``(B) sets forth the statutory definition of the 
                term `child predator'.''.
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