The text of the bill below is as of Nov 23, 1993 (Referred to Senate Committee). The bill was not enacted into law.
Summary of this bill
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Wetterling Act) is a United States law that requires states to implement a sex offender and crimes against children registry. It is named for Jacob Wetterling, a Minnesota eleven-year-old who was abducted by a stranger in 1989, and was missing for almost 27 years until his death was confirmed when his remains were found on September 1, 2016.
The law, enacted as part of the Federal Violent Crime Control and Law Enforcement Act of 1994, requires states to form registries of offenders convicted of sexually violent offenses or offenses against children, and to form more rigorous registration …
HR 324 RFS
H. R. 324
IN THE SENATE OF THE UNITED STATES
November 20 (legislative day, NOVEMBER 2), 1993
November 20 (legislative day, NOVEMBER 2), 1993
November 23, 1993
November 23, 1993
Read twice and referred to the Committee on the Judiciary
To require any person who is convicted of a State criminal offense against a victim who is a minor to register a current address with law enforcement officials of the State for 10 years after release from prison, parole, or supervision.
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 ‘Jacob Wetterling Crimes Against Children Registration Act’.
SEC. 2. ESTABLISHMENT OF PROGRAM.
- (a) IN GENERAL-
- (1) STATE GUIDELINES- The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for 10 years after release from prison, or being placed on parole, supervised release, or probation.
- (2) DEFINITION- For purposes of this subsection, the term ‘criminal offense against a victim who is a minor’ means any criminal offense that consists of--
- (A) kidnapping of a minor, except by a parent;
- (B) false imprisonment of a minor, except by a parent;
- (C) criminal sexual conduct toward a minor;
- (D) solicitation of a minor to engage in sexual conduct;
- (E) use of a minor in a sexual performance;
- (F) solicitation of a minor to practice prostitution;
- (G) any conduct that by its nature is a sexual offense against a minor; or
- (H) an attempt to commit an offense described in any of subparagraphs (A) through (G) of this paragraph, if the State--
- (i) makes such an attempt a criminal offense; and
- (ii) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.
- (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED RELEASE, OR PROBATION- An approved State registration program established under this section shall contain the following requirements:
- (1) DUTY OF STATE PRISON OFFICIAL OR COURT- If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a State prison officer, or in the case of probation, the court, shall--
- (A) inform the person of the duty to register and obtain the information required for such registration;
- (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing within 10 days;
- (C) inform the person that if the person changes residence to another State, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new State not later than 10 days after establishing residence in the new State, if the new State has a registration requirement;
- (D) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and
- (E) require the person to read and sign a form stating that the duty of the person to register under this section has been explained.
- (2) TRANSFER OF INFORMATION TO STATE AND THE F.B.I- The officer, or in the case of a person placed on probation, the court, shall, within 3 days after receipt of information described in paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. The State law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.
- (3) ANNUAL VERIFICATION- On each anniversary of a person’s initial registration date during the period in which the person is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form. The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated State law enforcement agency. If the person fails to mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed his or her residence address.
- (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN ADDRESS- Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing. The designated law enforcement agency shall, if the person changes residence to another State, notify the person of the law enforcement agency with which the person must register in the new State, if the new State has a registration requirement.
- (5) PRIVACY OF DATA- The information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to law enforcement agencies for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children.
- (c) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE- A person who has been convicted of an offense which triggered registration in a State shall register the new address with a designated law enforcement agency in another State to which the person moves not later than 10 days after such person establishes residence in the new State, if the new State has a registration requirement.
- (d) REGISTRATION FOR 10 YEARS- A person required to register under this section shall continue to comply with this section until 10 years have elapsed since the person was released from prison, or placed on parole, supervised release, or probation.
- (e) PENALTY- A person required to register under a State program established pursuant to this section who knowingly fails to so register and keep such registration current shall be subject to criminal penalties in any State in which the person has so failed.
- (f) COMPLIANCE-
- (1) COMPLIANCE DATE- Each State shall have 3 years from the date of the enactment of this Act in which to implement this section.
- (2) INELIGIBILITY FOR FUNDS- The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the guidelines issued under this section 3 years after the date of enactment of this Act may be reduced by 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section.
Passed the House of Representatives November 20, 1993.
DONNALD K. ANDERSON,
By Dallas L. Dendy, Jr.,
Assistant to the Clerk.