[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1505 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1505

  To revise the Jacob Wetterling Crimes Against Children and Sexually 
                 Violent Offender Registration program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2005

    Ms. Ginny Brown-Waite of Florida (for herself, Ms. Harris, Ms. 
 Wasserman Schultz, and Mr. Poe) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To revise the Jacob Wetterling Crimes Against Children and Sexually 
                 Violent Offender Registration program.

    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 ``Jessica Lunsford Act''.

SEC. 2. REVISIONS.

    (a) Semiannual Mailer Required.--Section 170101 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is 
amended in subsection (b)(3)(A) by adding at the end the following: 
``State procedures shall include a verification process under which the 
State mails a nonforwardable verification form to the last known 
address of the person, to be returned by the person within 10 days 
after receiving the form. The date on which the State mails the form 
shall be determined through a process that includes an element of 
randomness, except that the State shall mail the form at least twice in 
each calendar year. A failure to return the form within the period 
allowed shall be punishable in the same manner as a failure to 
register.''.
    (b) Notice of Offender Status to Probation Officers.--Such section 
is further amended in subsection (b)(1)(A)--
            (1) in clause (iv), by striking ``and'' at the end;
            (2) in clause (v), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(vi) notify the agency responsible for 
                        supervising the person, if any, that the person 
                        is required to register under this section and 
                        provide that agency with the registration 
                        information relating to that person.''.
    (c) Electronic Monitoring of Offenders Who Repeatedly Fail to 
Register.--Such section is further amended by adding at the end the 
following new subsection:
    ``(k) Location-Transmitting Devices for Offenders Who Repeatedly 
Fail to Register.--In addition to any other consequence that may be 
imposed by law, a person required to register under a State program 
established pursuant to this section with two or more convictions for 
failing to so register or failing to keep such registration current 
shall, upon release from imprisonment, be required by that State to 
wear at all times a location-transmitting device (such as an anklet) 
for a period of not less than 5 years. If the person is a sexually 
violent predator, the period shall be not less than 10 years. The State 
shall frequently monitor the information transmitted by the device. The 
Attorney General shall prescribe guidelines specifying how a State is 
to comply with this subsection.''.
    (d) Compliance.--
            (1) Compliance date.--Each State shall have not more than 
        12 months from the date of the enactment of this Act in which 
        to implement the amendments made by subsections (a) and (b), 
        and not more than 18 months from the date of the enactment of 
        this Act in which to implement the amendment made by subsection 
        (c).
            (2) Ineligibility for funds.--
                    (A) In general.--A State that fails to implement 
                the amendments made by 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).
                    (B) Reallocation of funds.--Any funds that are not 
                allocated by reason of subparagraph (A) shall be 
                reallocated to States that are in compliance.
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