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S. 1069 (103rd): Jacob Wetterling Crimes Against Children Registration Act

The text of the bill below is as of May 28, 1993 (Introduced).


S 1069 IS

103d CONGRESS

1st Session

S. 1069

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 ten years after release from prison, parole, or supervision.

IN THE SENATE OF THE UNITED STATES

MAY 28 (legislative day, APRIL 19), 1993

Mr. DURENBERGER introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

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 ten 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 ten years after release from prison, being placed on parole, or being placed on supervised release.

      (2) DEFINITION- For purposes of this subsection, the term ‘criminal offense against a victim who is a minor’ includes--

        (A) kidnapping of a minor, except by a noncustodial parent;

        (B) false imprisonment of a minor, except by a noncustodial parent;

        (C) criminal sexual conduct toward a minor;

        (D) solicitation of minors to engage in sexual conduct;

        (E) use of minors in a sexual performance; or

        (F) solicitation of minors to practice prostitution.

    (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED RELEASE- An approved State registration program established by this section shall contain the following requirements:

      (1) NOTIFICATION- If a person who is required to register under this section is released from prison, paroled, or placed on supervised release, a State prison officer shall--

        (A) inform the person of the duty to register;

        (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 ten days;

        (C) obtain a fingerprint card and photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

        (D) 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 NCIC- The officer shall, within three days after receipt of information under paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the State law enforcement system and National Crime Information Center computer networks and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside.

      (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 officer within ten 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 ten 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.

    (c) REGISTRATION FOR TEN YEARS- A person required to register under this section shall continue to comply with this section until ten years have elapsed since the person was released from imprisonment, parole, or supervised release.

    (d) PENALTY- A person required to register under this section who violates any requirement of a State program established by this section shall be subject to criminal penalties in such State. It is the sense of Congress that such penalties should include at least six months imprisonment.

    (e) PRIVATE DATA- The information provided under this section is private data on individuals and may be used for law enforcement purposes, including confidential background checks by child care services providers.

SEC. 3. STATE COMPLIANCE.

    (a) COMPLIANCE DATE- Each State shall have three years from the date of the enactment of this Act in which to implement the provisions of this Act.

    (b) 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 provisions of this section three years after the date of enactment of this Act shall be reduced by 25 percent and the unallocated funds shall be reallocated to the States in compliance with this section.