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H.R. 3456 (104th): Pam Lychner Sexual Offender Tracking and Identification Act of 1996

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 26, 1996.

Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding: (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified: (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program (minimally sufficient program). Directs the FBI, if it cannot verify the address of or locate a person required to register, or if it receives notification from a State that the State cannot do so under its program, to: (1) classify the person as being in violation of the registration requirements of the national database; and (2) add the name of the person to the National Crime Information Center Wanted person file and create a wanted persons record, provided that an arrest warrant which meets the requirements for entry into the file is issued in connection with the violation. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) Federal, State, and local governmental agencies responsible for conducting employment-related background checks for private organizations under the National Child Protection Act. Requires any State not having established a minimally sufficient program: (1) to notify each offender convicted of covered offenses, upon his or her release from prison or placement on parole, supervised release, or probation, of his or her duty to register; and (2) to notify the FBI of the release of each offender convicted of such offenses. (Sec. 3) Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) mandate that a person required to register continue to comply with requirements of such Act (except during ensuing periods of incarceration) for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form fingerprints and a photograph. (Sec. 7) Requires the State law enforcement agency to immediately transmit specified information, including documentation of any treatment received for mental abnormality or personality disorder (currently, limited to conviction data and fingerprints) to the FBI for inclusion in the FBI database. (Sec. 8) Grants State and Federal law enforcement agencies and their employees and State and Federal officials immunity from liability for good faith conduct under this Act. (Sec. 10) Makes States failing to implement the program described in this Act ineligible to receive ten percent of the funds that would otherwise be allocated to the State under the drug control and system improvement grant program.