[Congressional Record (Bound Edition), Volume 150 (2004), Part 18]
[Senate]
[Pages 24283-24284]
[From the U.S. Government Publishing Office, www.gpo.gov]




               NATIONAL SEX OFFENDER REGISTRY ACT OF 2004

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of S. 
2154, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2154) to establish a National sex offender 
     registration database, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4073

  Mr. SESSIONS. Mr. President, I send to the desk an amendment on 
behalf of Mr. Dorgan.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alabama [Mr. Sessions], for Mr. Dorgan, 
     proposes an amendment numbered 4073.

  The amendment is as follows:

 (Purpose: to establish a national sex offender database available to 
                  the public, and for other purposes)

       Strike all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dru Sjodin National Sex 
     Offender Public Database Act of 2004'' 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 the National Sex Offender Registry, 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

[[Page 24284]]

     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. 14017(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.

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Dorgan 
amendment be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, with no 
intervening action or debate, and that any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4073) was agreed to.
  The bill (S. 2154), as amended, was read the third time and passed.

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