S. 1684 (111th): Managing Arson Through Criminal History (MATCH) Act of 2010

111th Congress, 2009–2010. Text as of Sep 17, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

1st Session

S. 1684

IN THE SENATE OF THE UNITED STATES

September 17, 2009

(for herself and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes.

1.

Short title

This Act may be cited as the Managing Arson Through Criminal History (MATCH) Act of 2009.

2.

Criminal arsonist and criminal bomber registration and notification program

(a)

Registry requirements for jurisdictions

(1)

Jurisdiction to maintain a registry

Each jurisdiction shall establish and maintain a jurisdiction-wide arsonist and bomber registry in accordance with this section.

(2)

Guidelines and regulations

The Attorney General shall issue guidelines and regulations to carry out this section.

(b)

Registry requirements for criminal arsonists and bombers

(1)

In general

A criminal arsonist or criminal bomber shall register, and shall keep the registration current in accordance with paragraph (3), in each jurisdiction in which the criminal arsonist or criminal bomber resides, is an employee, or is a student.

(2)

Initial registration

A criminal arsonist or criminal bomber shall initially register—

(A)

in addition to any jurisdiction described in paragraph (1), in the jurisdiction in which the criminal arsonist or criminal bomber was convicted; and

(B)
(i)

before completing a sentence of imprisonment with respect to the arson offense or bombing offense giving rise to the registration requirement; or

(ii)

not later than 5 business days after being sentenced for the arson offense or bombing offense giving rise to the registration requirement, if the criminal arsonist or criminal bomber is not sentenced to a term of imprisonment.

(3)

Keeping the registration current

(A)

In general

Not later than 10 business days after each change of name, residence, employment, or student status, a criminal arsonist or criminal bomber shall appear in person in at least 1 jurisdiction described in paragraph (1) and inform the jurisdiction of all changes in the information required for that criminal arsonist or criminal bomber in the arsonist and bomber registry involved.

(B)

Provision to other jurisdictions

A jurisdiction receiving information under subparagraph (A) shall immediately provide the revised information to all other jurisdictions in which the criminal arsonist or criminal bomber is required to register.

(4)

Application of registration requirements

(A)

In general

Except as provided in the guidelines established under subparagraph (B), the requirements of this section, including the duties to register and to keep a registration current, shall apply only to a criminal arsonist or criminal bomber who was—

(i)

convicted of an arson offense or a bombing offense on or after the date of enactment of this Act; and

(ii)

notified of the duties and registered in accordance with subsection (f).

(B)

Application to criminal arsonists or criminal bombers unable to comply with paragraph (2)(B)

(i)

Guidelines

The Attorney General shall establish guidelines in accordance with this subparagraph for each jurisdiction for—

(I)

the application of the requirements of this section to criminal arsonists or criminal bombers convicted before the date of the enactment of this Act, or the date of the implementation of this section in such a jurisdiction; and

(II)

the registration of any criminal arsonist or criminal bomber described in subclause (I) who is otherwise unable to comply with paragraph (2)(B).

(ii)

Information required to be included in registry

With respect to each criminal arsonist or criminal bomber described in clause (i) convicted of an arson offense or bombing offense during the 10-year period ending on the date of enactment of this Act, the guidelines under clause (i) shall provide for the inclusion in the arsonist and bomber registry of each applicable jurisdiction (and, in accordance with subsection (j), the provision by the jurisdiction to each entity described in subsection (j)) of—

(I)

the name of the criminal arsonist or criminal bomber (including any alias used by the individual);

(II)

the Social Security number of the individual;

(III)

the most recent known address of the residence at which the individual has resided;

(IV)

a physical description of the individual;

(V)

the text of the provision of law establishing the arson offense or bombing offense giving rise to the duty of the individual to register;

(VI)

a set of fingerprints and palm prints of the individual;

(VII)

a photocopy of a valid driver’s license or identification card issued to the individual by a jurisdiction, if available; and

(VIII)

any other information required by the Attorney General.

(iii)

Notice required

The guidelines under clause (i) shall require notice to each criminal arsonist or criminal bomber included in an arsonist and bomber registry pursuant to this subparagraph of such inclusion.

(5)

State penalty for failure to comply

Each jurisdiction, other than a federally recognized Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than 1 year for the failure of a criminal arsonist or criminal bomber to comply with the requirements of this section.

(6)

Authority to exempt certain individuals from registry requirements

A jurisdiction may exempt a criminal arsonist or criminal bomber who has been convicted of an arson offense or a bombing offense for the first time from the registration requirements under this section in exchange for the substantial assistance of the individual in the investigation or prosecution of another person who has committed a criminal offense. The Attorney General shall ensure that any regulations promulgated under this section include guidelines establishing criteria regarding when it is appropriate to exempt an individual from the registration requirements under this section.

(c)

Information required in registration

(1)

Provided by arsonist or bomber

A criminal arsonist or criminal bomber shall provide to the appropriate officer of a jurisdiction in which the individual is required to register for inclusion in the arsonist and bomber registry of the jurisdiction—

(A)

the name of the individual (including any alias used by the individual);

(B)

the Social Security number of the individual;

(C)

the address of each residence at which the individual resides or will reside;

(D)

the name and address of any place where the individual is an employee or will be an employee;

(E)

the name and address of any place where the individual is a student or will be a student;

(F)

the license plate number and a description of any vehicle owned or operated by the individual; and

(G)

any other information required by the Attorney General.

(2)

Provided by the jurisdiction

The jurisdiction in which a criminal arsonist or criminal bomber registers shall ensure that the arsonist and bomber registry of the jurisdiction includes—

(A)

a physical description of the individual;

(B)

the text of the provision of law establishing the arson offense or bombing offense giving rise to the duty of the individual to register;

(C)

the criminal history of the individual, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the individual;

(D)

a current photograph of the individual;

(E)

a set of fingerprints and palm prints of the individual;

(F)

a photocopy of a valid driver’s license or identification card issued to the individual by a jurisdiction; and

(G)

any other information required by the Attorney General.

(d)

Duration of registration requirement; expunging registries of information for certain juvenile criminals

(1)

Duration of registration requirement

A criminal arsonist or criminal bomber shall keep the registration information provided under subsection (c) current in accordance with subsection (b)(3) for the full registration period.

(2)

Expunging registries of information for certain juvenile criminals

(A)

In general

In the case of a criminal arsonist or criminal bomber described in subparagraph (B), a jurisdiction shall expunge the arson and bomber registry of the jurisdiction of information relating to the criminal arsonist or criminal bomber on the date that is 5 years after the last day of the full registration period for the criminal arsonist or criminal bomber.

(B)

Criminal arsonist or bomber described

A criminal arsonist or criminal bomber described in this subparagraph is a criminal arsonist or criminal bomber who—

(i)

was a juvenile tried as an adult for the arson offense or bombing offense giving rise to the duty of the individual to register under this section; and

(ii)

was not convicted of any other felony during the period beginning on the first day of the full registration period for the criminal arsonist or criminal bomber and ending on the last day of the 5-year period described in subparagraph (A).

(C)

Application to other databases

The Attorney General shall establish a process to ensure that each entity that receives information under subsection (j) with respect to a criminal arsonist or criminal bomber described in subparagraph (B) shall expunge the applicable database of the information on the date that is 5 years after the last day of the full registration period for the criminal arsonist or criminal bomber.

(e)

Annual verification

Not less than once during each calendar year during the full registration period, a criminal arsonist or criminal bomber required to register under this section shall—

(1)

appear in person at not less than 1 jurisdiction in which the individual is required to register;

(2)

allow the jurisdiction to take a photograph of the individual; and

(3)

while present at the jurisdiction, verify the information in each arsonist and bomber registry in which the individual is required to be registered.

(f)

Duty To notify criminal arsonists and criminal bombers of registration requirements and To register

(1)

In general

An appropriate officer shall, shortly before release of a criminal arsonist or criminal bomber from custody, or, if the individual is not in custody, immediately after the sentencing of the individual for the arson offense or bombing offense giving rise to the duty of the individual to register—

(A)

inform the individual of the duties of the individual under this section and explain those duties in a manner that the individual can understand in light of the native language, mental capability, and age of the individual;

(B)

ensure that the individual understands the registration requirement, and if so, require the individual to read and sign a form stating that the duty to register has been explained and that the individual understands the registration requirement;

(C)

if the individual is unable to understand the registration requirements, sign a form stating that the individual is unable to understand the registration requirements; and

(D)

ensure that the individual is registered in accordance with this section.

(2)

Notification of criminal arsonists and criminal bombers who cannot comply with paragraph (1)

The Attorney General shall prescribe rules to ensure the notification and registration in accordance with this section of criminal arsonists and criminal bombers who cannot be registered in accordance with paragraph (1).

(g)

Access to information through the Internet

(1)

In general

Except as provided in this subsection, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to law enforcement personnel and fire safety officers located in the jurisdiction, all information about each criminal arsonist and criminal bomber in the arsonist and bomber registry of the jurisdiction.

(2)

Coordination with national database

Each jurisdiction shall—

(A)

ensure that the Internet site of the jurisdiction described in paragraph (1) includes all field search capabilities needed for full participation in the national Internet site established under subsection (i); and

(B)

participate in the national Internet site established under subsection (i) in accordance with regulations promulgated by the Attorney General under this section.

(3)

Prohibition on access by the public

Information about a criminal arsonist or criminal bomber shall not be made available on the Internet to the public under paragraph (1).

(4)

Mandatory exemptions

A jurisdiction shall exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1)—

(A)

any information about a criminal arsonist or criminal bomber involving conviction for an offense other than the arson offense or bombing offense giving rise to the duty of the individual to register;

(B)

if the criminal arsonist or criminal bomber is participating in a witness protection program, any information about the individual the release of which could jeopardize the safety of the individual or any other person; and

(C)

any other information identified as a mandatory exemption from disclosure by the Attorney General.

(5)

Optional exemptions

A jurisdiction may exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1)—

(A)

the name of an employer of a criminal arsonist or criminal bomber; and

(B)

the name of an educational institution where a criminal arsonist or criminal bomber is a student.

(6)

Correction of errors

The Attorney General shall establish guidelines to be used by each jurisdiction to establish a process to seek correction of information included in the Internet site of the jurisdiction described in paragraph (1) if an individual contends the information is erroneous. The guidelines established under this paragraph shall establish the period, beginning on the date on which an individual has knowledge of the inclusion of information in the Internet site, during which the individual may seek the correction of the information.

(7)

Warning

An Internet site of a jurisdiction described in paragraph (1) shall include a warning that—

(A)

information on the site is to be used for law enforcement purposes only and may only be disclosed in connection with law enforcement purposes; and

(B)

any action in violation of subparagraph (A) may result in a civil or criminal penalty.

(h)

National criminal arsonist and criminal bomber registry

(1)

In general

The Attorney General shall maintain a national database at the Bureau of Alcohol, Tobacco, Firearms, and Explosives that includes relevant information for each criminal arsonist or criminal bomber (including any information provided under subsection (j)). The database shall be known as the National Criminal Arsonist and Criminal Bomber Registry.

(2)

Electronic forwarding

The Attorney General shall ensure (through the national registry maintained under this subsection or otherwise) that updated information about a criminal arsonist or criminal bomber is immediately transmitted by electronic forwarding to all relevant jurisdictions.

(3)

Authorization of appropriations

There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of fiscal years 2010 through 2014.

(i)

National arsonist and bomber Internet site

(1)

In general

The Attorney General shall establish and maintain a national arsonist and bomber Internet site. The Internet site shall include relevant information for each criminal arsonist or criminal bomber. The Internet site shall allow law enforcement officers and fire safety officers to obtain relevant information for each criminal arsonist or criminal bomber by a single query for any given zip code or geographical radius set by the user in a form and with such limitations as may be established by the Attorney General and shall have such other field search capabilities as the Attorney General may provide.

(2)

Prohibition on access by the public

Information about a criminal arsonist or criminal bomber shall not be made available on the Internet to the public under paragraph (1).

(3)

Authorization of appropriations

There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of fiscal years 2010 through 2014.

(j)

Notification procedures

(1)

In general

Immediately after a criminal arsonist or criminal bomber registers in the arsonist and bomber registry of a jurisdiction, or updates a registration in the arsonist and bomber registry of a jurisdiction, an appropriate officer of the jurisdiction shall provide the information in the arsonist and bomber registry (other than information exempted from disclosure by this section or the Attorney General) about the individual to the entities described in paragraph (2).

(2)

Entities

The entities described in this paragraph are—

(A)

the Attorney General;

(B)

appropriate law enforcement agencies (including probation agencies, if applicable) in each area in which the criminal arsonist or criminal bomber resides, is an employee, or is a student;

(C)

each jurisdiction in which the criminal arsonist or criminal bomber resides, is an employee, or is a student; and

(D)

each jurisdiction from or to which a change of residence, employment, or student status occurs.

(k)

Actions To be taken when criminal arsonist or criminal bomber fails To comply

(1)

Jurisdictions

An appropriate officer of a jurisdiction shall—

(A)

notify the Attorney General and appropriate law enforcement agencies if a criminal arsonist or criminal bomber fails to comply with the requirements of the arsonist and bomber registry of the jurisdiction; and

(B)

revise the arsonist and bomber registry of the jurisdiction to reflect the nature of the failure.

(2)

Ensuring compliance

If a criminal arsonist or criminal bomber fails to comply with the requirements of the arsonist and bomber registry of a jurisdiction, an appropriate officer of the jurisdiction, the Attorney General, and any law enforcement agency notified under paragraph (1)(A) shall take any appropriate action to ensure compliance.

(l)

Development and availability of registry management and website software

(1)

Duty to develop and support

In consultation with the jurisdictions, the Attorney General shall develop and support software to enable jurisdictions to establish and operate arsonist and bomber registries and Internet sites described in subsection (g).

(2)

Criteria

The software described in paragraph (1) shall facilitate—

(A)

immediate exchange of information among jurisdictions;

(B)

access over the Internet to appropriate information, including the number of registered criminal arsonists or criminal bombers in each jurisdiction;

(C)

full compliance with the requirements of this section; and

(D)

communication of information as required under subsection (j).

(3)

Deadline

Not later than 2 years after the date of enactment of this Act, the Attorney General shall make available to jurisdictions a fully operational edition of the software described in paragraph (1).

(m)

Period for implementation by jurisdictions

(1)

Deadline

A jurisdiction shall implement this section not later than the later of—

(A)

3 years after the date of enactment of this Act; or

(B)

1 year after the date on which the software described in subsection (l) is made available to the jurisdiction.

(2)

Extensions

The Attorney General may make not more than 2 1-year extensions of the deadline under paragraph (1) for a jurisdiction.

(3)

Failure of jurisdiction to comply

For any fiscal year after the expiration of the deadline specified in paragraph (1) (including any extension under paragraph (2)), that a jurisdiction fails to substantially implement this section, as determined by the Attorney General, the jurisdiction shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).

(n)

Election by Indian tribes

(1)

Election

(A)

In general

A federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body, elect to carry out this section as a jurisdiction subject to its provisions.

(B)

Implementation

A federally recognized Indian tribe that, as of the date that is 1 year after the date of enactment of this Act, has not made an election described in subparagraph (A) shall, by resolution or other enactment of the tribal council or comparable governmental body, enter into a cooperative agreement to arrange for a jurisdiction to carry out any function of the tribe under this section until such time as the tribe elects to carry out this section.

(2)

Cooperation between tribal authorities and other jurisdictions

(A)

Nonduplication

A federally recognized Indian tribe subject to this section is not required to duplicate functions under this section that are fully carried out by 1 or more jurisdictions within which the territory of the tribe is located.

(B)

Cooperative agreements

A federally recognized Indian tribe, through cooperative agreements with 1 or more jurisdictions within which the territory of the tribe is located, may—

(i)

arrange for the tribe to carry out any function of the jurisdiction under this section with respect to criminal arsonists or criminal bombers subject to the jurisdiction of the tribe; and

(ii)

arrange for the jurisdiction to carry out any function of the tribe under this section with respect to criminal arsonists and criminal bombers subject to the jurisdiction of the tribe.

(3)

Law enforcement authority in Indian country

Enforcement of this section in Indian country, as defined in section 1151 of title 18, United States Code, shall be carried out by the Federal Government, tribal governments, and State governments under jurisdictional authorities in effect on the date of enactment of this Act.

(o)

Immunity for good faith conduct

The Federal Government, a jurisdiction, a political subdivision of a jurisdiction, and an agency, officer, employee, and agent of the Federal Government, a jurisdiction, or a political subdivision of a jurisdiction shall not be held liable in any Federal or State court for any good faith conduct to carry out this section.

(p)

Criminal arsonist and criminal bomber management assistance program

(1)

In general

The Attorney General shall establish and implement a Criminal Arsonist and Bomber Management Assistance program (in this subsection referred to as the Assistance Program), under which the Attorney General may make grants to jurisdictions to offset the costs of implementing this section.

(2)

Application

A jurisdiction desiring a grant under this subsection for a fiscal year shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require.

(3)

Increased grant payments for prompt compliance

(A)

In general

A jurisdiction that, as determined by the Attorney General, has substantially implemented this section not later than 2 years after the date of enactment of this Act is eligible for a bonus payment in addition to the amount of a grant to the jurisdiction under paragraph (1). The Attorney General may make a bonus payment to a jurisdiction for the first fiscal year beginning after the date on which the Attorney General determines the jurisdiction has substantially implemented this section.

(B)

Amount

A bonus payment under this paragraph shall be—

(i)

if the Attorney General determines that the jurisdiction has substantially implemented this section not later than the date that is 1 year after the date of enactment of this Act, in an amount equal to 10 percent of the amount of a grant to the jurisdiction under paragraph (1) for the fiscal year in which the bonus payment is made; and

(ii)

if the Attorney General determines that the jurisdiction has substantially implemented this section after the date that is 1 year after the date of the enactment of this Act, and not later than 2 years after the date of enactment of this Act, in an amount equal to 5 percent of the amount of a grant to the jurisdiction under paragraph (1) for the fiscal year in which the bonus payment is made.

(4)

Authorization of appropriations

There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of fiscal years 2010 through 2014.

(q)

Definitions

In this section:

(1)

Arsonist and bomber registry

The term arsonist and bomber registry means a registry of criminal arsonists and criminal bombers, and a notification program, maintained by a jurisdiction under this section.

(2)

Arson offense

The term arson offense means any criminal offense for committing arson, attempting arson, or conspiracy to commit arson in violation of the laws of the jurisdiction in which the offense was committed or the laws of the United States.

(3)

Bombing offense

The term bombing offense means any criminal offense for committing a bombing, attempting a bombing, or conspiracy to commit a bombing in violation of the laws of the jurisdiction in which the offense was committed or the laws of the United States.

(4)

Criminal arsonist

The term criminal arsonist

(A)

means an individual who is convicted of an arson offense; and

(B)

does not include a juvenile who is convicted of an arson offense unless the juvenile was tried as an adult for the arson offense.

(5)

Criminal bomber

The term criminal bomber

(A)

means an individual who is convicted of a bombing offense; and

(B)

does not include a juvenile who is convicted of a bombing offense unless the juvenile was tried as an adult for the bombing offense.

(6)

Criminal offense

The term criminal offense means a Federal, State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119; 10 U.S.C. 951 note)) or other criminal offense.

(7)

Employee

The term employee includes an individual who is self-employed or works for any other entity, whether compensated or not.

(8)

Fire safety officer

The term fire safety officer means an individual serving in an official capacity as a firefighter, fire investigator, or other arson investigator, as defined by the jurisdiction for the purposes of this section.

(9)

Full registration period

(A)

In general

The term full registration period means the period—

(i)

beginning on the later of—

(I)

the date on which an individual is convicted of an arson offense or bombing offense;

(II)

the date on which an individual is released from custody for conviction of an arson offense or bombing offense; or

(III)

the date on which an individual is placed on parole, supervised release, or probation for an arson offense or bombing offense; and

(ii)

ending—

(I)

for an individual who has been convicted of an arson offense or bombing offense for the first time, 5 years after the date described in clause (i);

(II)

for an individual who has been convicted of an arson offense or bombing offense for the second time, 10 years after the date described in clause (i); and

(III)

for an individual who has been convicted of an arson offense or bombing offense more than twice, on the date on which the individual dies.

(B)

Exclusion of time in custody

Any period during which an individual is in custody shall not be included in determining the end of the period under subparagraph (A).

(10)

Jurisdiction

The term jurisdiction means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico;

(D)

Guam;

(E)

American Samoa;

(F)

the Commonwealth of the Northern Mariana Islands;

(G)

the Virgin Islands; and

(H)

to the extent provided in and subject to the requirements of subsection (o), a federally recognized Indian tribe.

(11)

Law enforcement officer

The term law enforcement officer has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3796b).

(12)

Resides

The term resides means the location of the home of an individual or other place where an individual habitually lives.

(13)

Student

The term student means an individual who enrolls in or attends an educational institution (whether public or private), including a secondary school, trade or professional school, and institution of higher education.