The text of the bill below is as of Nov 15, 2007 (Referred to Senate Committee). The bill was not enacted into law.
HR 719 RFS
November 15, 2007
Received; read twice and referred to the Committee on the Judiciary
To authorize additional appropriations for supervision of Internet access by sex offenders convicted under Federal law, and for other purposes.
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 `Keeping the Internet Devoid of Sexual Predators Act of 2007' or the `KIDS Act of 2007'.
SEC. 2. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR SUPERVISION OF INTERNET ACCESS BY SEX OFFENDERS CONVICTED UNDER FEDERAL LAW.
In addition to any other sums authorized to be appropriated for the purposes of supervising persons on probation and pretrial release in connection with convictions for Federal offenses, there are authorized to be appropriated $5,000,000 for each fiscal years 2008 through 2013 for any or all of the following purposes:
(1) To evaluate computer internet filtering, monitoring and other programs and devices that are designed to filter access to certain web sites, permit monitoring of the use by persons under supervision of internet, and related purposes.
(2) To purchase those programs and devices determined through that evaluation to be the best for those purposes.
(3) To train probation officers in the use of those programs and devices.
(4) To train probation officers in the supervision of sex offenders.
(5) To hire probation officers and other personnel as required to supervise convicted sex offenders effectively.
SEC. 3. DISCRETIONARY CONDITION OF PROBATION AND SUPERVISED RELEASE FOR SEX OFFENDERS.
(a) Probation- Section 3563(b) of title 18, United States Code, is amended--
(1) in paragraph (22), by striking `or';
(2) by striking the period at the end of paragraph (23) and inserting `; or' and
(3) by inserting after paragraph (23) the following:
`(24) if required to register under the Sex Offender Registration and Notification Act--
`(A) obtain access to the Internet only from computers approved by the probation officer;
`(B) consent and fully cooperate with periodic examinations of the computers by the probation officer, including the retrieval and copying of all data from those computers and removal of the computer equipment for a reasonable period of time for the purpose of conducting a more thorough inspection;
`(C) consent and fully cooperate with the installation on the computers any hardware or software filtering systems designated by the probation officer that restrict the defendant's access to classes of web sites designated by the officer as to which, under the circumstances of the offense, access should be restricted;
`(D) consent and fully cooperate with the installation on the computers of monitoring systems or hardware that permit the probation officer to monitor the defendant's computer use to assure compliance with the law, conditions of probation, and to protect public safety; and
`(E) take no steps to disable or evade the filtering or monitoring programs or devices.'.
(b) Supervised Release- Section 3583(d) of title 18, United States Code, is amended by striking `any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20)' and inserting `a condition set forth in section 3563(b), other than that described in paragraph (11) of that section'.
SEC. 4. DIRECTION TO SENTENCING COMMISSION.
The United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate amend the Federal sentencing guidelines (including its policy statements) applicable to persons convicted of sex offenses involving children in circumstances where the offense is committed or facilitated by the use of the Internet, and--
(1) a misrepresentation is made over the Internet as to the age of the offender; or
(2) there is a failure of the offender to reveal the offender's status as a sex offender.
SEC. 5. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM.
(a) In General- Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows:
`(C) MINIMUM STANDARDS- The electronic monitoring units used in the pilot program shall at a minimum--
`(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and
`(ii) permit continuous monitoring of offenders 24 hours a day.'.
(b) Effective Date- The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act.
SEC. 6. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 1960A. Financial facilitation of access to child pornography
`Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or possession of, child pornography (as defined in Section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.'.
(b) Amendment to Table of Sections- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:
`1960A. Financial facilitation of access to child pornography.'.
SEC. 7. CHANGE IN DEFINITION OF MONETARY INSTRUMENTS FOR MONEY LAUNDERING AND OTHER OFFENSES.
Section 1956(c)(5) of title 18, United States Code, is amended--
(1) by striking `or' at the end of clause (i); and
(2) by inserting `, (iii) electronic or digital currencies, and the corresponding monetary value of any associated account, or (iv) stored value cards or similar devices' after `delivery'.
Passed the House of Representatives November 14, 2007.
LORRAINE C. MILLER,