[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 792

_______________________________________________________________________

                                 AN ACT


 
  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 ``Dru Sjodin National Sex Offender 
Public Database Act of 2005'' or ``Dru's Law''.

SEC. 2. DEFINITION.

    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. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.

    (a) In General.--The Attorney General shall--
            (1) make publicly available in a registry (in this Act 
        referred to as the ``public registry'') from information 
        contained in the National Sex Offender Registry or State sex 
        offender web sites, via the Internet, all information described 
        in subsection (b); and
            (2) allow for users of the public registry to determine 
        which registered sex offenders are currently residing within a 
        radius, as specified by the user of the public registry, of the 
        location indicated by the user of the public registry.
    (b) Information Available in Public Registry.--With respect to any 
person convicted of a criminal offense against a victim who is a minor 
or a sexually violent offense, or any sexually violent predator, 
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. 14071(b)), 
the public registry shall provide, to the extent available in the 
National Sex Offender Registry--
            (1) the name and any known aliases of the person;
            (2) the date of birth of the person;
            (3) the current address of the person and any subsequent 
        changes of that address;
            (4) a physical description and current photograph of the 
        person;
            (5) the nature of and date of commission of the offense by 
        the person;
            (6) the date on which the person is released from prison, 
        or placed on parole, supervised release, or probation; and
            (7) any other information the Attorney General considers 
        appropriate.

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.
    (c) Compliance.--
            (1) 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 this section.
            (2) Ineligibility for funds.--A State that fails to 
        implement the requirements of this section, 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)).
            (3) Reallocation of funds.--Any funds that are not 
        allocated for failure to comply with this section shall be 
        reallocated to States that comply with this section.

            Passed the Senate July 28, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 792

_______________________________________________________________________

                                 AN ACT

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