[Congressional Record Volume 151, Number 105 (Thursday, July 28, 2005)]
[Senate]
[Pages S9245-S9246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ESTABLISHING A NATIONAL SEX OFFENDER REGISTRATION DATABASE

  Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. 792 and that 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will please report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 792) to establish a National sex offender 
     registration database, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DORGAN. Mr. President, my agreement with the majority leader was 
that we would pass by consent S. 792 which the Senate passed by consent 
last year. We are now passing it once again to go to the House. This 
deals with sexual predators. This legislation is called ``Dru's Law.''
  My colleagues and I who have joined together to pass this legislation 
tonight do so in honor of this wonderful young woman who was tragically 
murdered in a parking lot in Grand Forks, ND. The man accused of 
murdering Dru Sjodin spent 23 years in prison. He was a violent sexual 
predator who was let of prison with a wave. So long. Check in now and 
then. Compare that, for example, to Martha Stewart, who was let out of 
prison but had to wear an electronic ankle bracelet.
  Violent sexual predators judged to be at high risk for committing 
another violent sexual act are let out of prison with a wave. As a 
result, this young woman, Dru Sjodin, was tragically murdered. This is 
the man who spent 23 years behind bars. The psychiatrists said before 
he was released that he was a high risk for committing another violent 
sexual act. Within 6 months, he is now accused of murdering this young 
woman.
  It is not only this man. It is Mr. Duncan. Remember the last couple 
of weeks, the two young children kidnapped, one murdered. The other is 
still alive, with her family dead. We know about this man. He raped a 
16-year-old boy at gunpoint, a violent sexual predator. Last April, he 
was put in the arms of law enforcement and let out on $15,000 bail. 
More Americans are dead because of it.
  This is not some mysterious illness for which we don't know the cure. 
We know what causes it and we know how to stop it. Again, if Martha 
Stewart has to wear an electronic ankle bracelet ordered by a judge, 
then surely violent sexual predators, when and if released, can be 
highly monitored by local governments. Surely, we ought to decide that 
if violent sexual predators are a high risk for reoffending, then the 
local State's attorney ought to be notified in case they want to seek a 
civil commitment to protect the public at large.
  This bill does three things: One, create a national sex offender 
registry; No. 2, if a violent offender judged to be at high-risk is to 
be released from prison, the local State's attorney must first be 
notified so they can seek additional civil commitment; No. 3, if a 
high-risk sexual predator is released, then there must be maintenance 
and monitoring of that sex offender. No more ``so long, see you at the 
prison door,'' for a violent sexual predator.
  We must stop this. How many more Americans will lose their lives? How 
many kids are going to be killed before we do the right thing?
  Tonight the Senate takes an important step in the right direction. 
Senator Specter and I and others who have authored this legislation--
Senators Dayton, Clinton, and others--have decided that enough is 
enough. It is long past time to do what is right with respect to 
dealing with sexual predators and protecting the American people. We do 
this in the name of and in honor of Dru Sjodin, a young woman who 
tragically lost her life.
  Perhaps in her name, with this legislation, we can save other lives. 
I feel good about what we do tonight in passing Dru's Law.
  Mr. FRIST. Mr. President, I ask unanimous consent that a Dorgan 
substitute amendment at the desk be agreed to, the bill, as amended, be 
read a third time, passed, and the motions to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1643) was agreed to, as follows:

                   (Purpose: To propose a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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.

[[Page S9246]]

       (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.

  The bill (S. 792), as amended, was read the third time and passed.

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