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Full Text of the Act - S.1675
One Hundred Fourth
Congress of the United
States of America
AT THE SECOND SESSION
Begun and held at the City of
Washington on Wednesday, the
third day of January, one thousand nine hundred and ninety-six
An Act,
To provide for the nationwide tracking of convicted sexual
predators, 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 `Pam
Lychner Sexual Offender Tracking and Identification Act of
1996'.
SEC. 2. OFFENDER REGISTRATION.
(a) ESTABLISHMENT OF FBI DATABASE-
Subtitle A of title XVII of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071) is amended by adding
at the end the following new section:
`SEC. 170102. FBI DATABASE.
`(a) DEFINITIONS- For purposes of
this section--
`(1) the term `FBI' means the
Federal Bureau of Investigation;
`(2) the terms `criminal offense
against a victim who is a minor', `sexually violent
offense', `sexually violent predator', `mental abnormality',
and `predatory' have the same meanings as in section
170101(a)(3); and
`(3) the term `minimally
sufficient sexual offender registration program' means any
State sexual offender registration program that--
`(A) requires the registration
of each offender who is convicted of an offense described
in subparagraph (A) or (B) of section 170101(a)(1);
`(B) requires that all
information gathered under such program be transmitted to
the FBI in accordance with subsection (g) of this section;
`(C) meets the requirements
for verification under section 170101(b)(3); and
`(D) requires that each person
who is required to register under subparagraph (A) shall
do so for a period of not less than 10 years beginning on
the date that such person was released from prison or
placed on parole, supervised release, or probation.
`(b) ESTABLISHMENT- The Attorney
General shall establish a national database at the Federal
Bureau of Investigation to track the whereabouts and movement
of--
`(1) each person who has been
convicted of a criminal offense against a victim who is a
minor;
`(2) each person who has been
convicted of a sexually violent offense; and
`(3) each person who is a
sexually violent predator.
`(c) REGISTRATION REQUIREMENT-
Each person described in subsection (b) who resides in a State
that has not established a minimally sufficient sexual
offender registration program shall register a current
address, fingerprints of that person, and a current photograph
of that person with the FBI for inclusion in the database
established under subsection (b) for the time period specified
under subsection (d).
`(d) LENGTH OF REGISTRATION- A
person described in subsection (b) who is required to register
under subsection (c) shall, except during ensuing periods of
incarceration, continue to comply with this section--
`(1) until 10 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--
`(A) has 2 or more convictions
for an offense described in subsection (b);
`(B) has been convicted of
aggravated sexual abuse, as defined in section 2241 of
title 18, United States Code, or in a comparable provision
of State law; or
`(C) has been determined to be
a sexually violent predator.
`(e) VERIFICATION-
`(1) PERSONS CONVICTED OF AN
OFFENSE AGAINST A MINOR OR A SEXUALLY VIOLENT OFFENSE- In
the case of a person required to register under subsection
(c), the FBI shall, during the period in which the person is
required to register under subsection (d), verify the
person's address in accordance with guidelines that shall be
promulgated by the Attorney General. Such guidelines shall
ensure that address verification is accomplished with
respect to these individuals and shall require the
submission of fingerprints and photographs of the
individual.
`(2) SEXUALLY VIOLENT PREDATORS-
Paragraph (1) shall apply to a person described in
subsection (b)(3), except that such person must verify the
registration once every 90 days after the date of the
initial release or commencement of parole of that person.
`(f) COMMUNITY NOTIFICATION-
`(1) IN GENERAL- Subject to
paragraph (2), the FBI may release relevant information
concerning a person required to register under subsection
(c) that is necessary to protect the public.
`(2) IDENTITY OF VICTIM- In no
case shall the FBI release the identity of any victim of an
offense that requires registration by the offender with the
FBI.
`(g) NOTIFICATION OF FBI OF
CHANGES IN RESIDENCE-
`(1) ESTABLISHMENT OF NEW
RESIDENCE- For purposes of this section, a person shall be
deemed to have established a new residence during any period
in which that person resides for not less than 10 days.
`(2) PERSONS REQUIRED TO
REGISTER WITH THE FBI- Each establishment of a new
residence, including the initial establishment of a
residence immediately following release from prison, or
placement on parole, supervised release, or probation, by a
person required to register under subsection (c) shall be
reported to the FBI not later than 10 days after that person
establishes a new residence.
`(3) INDIVIDUAL REGISTRATION
REQUIREMENT- A person required to register under subsection
(c) or under a minimally sufficient offender registration
program, including a program established under section
170101, who changes address to a State other than the State
in which the person resided at the time of the immediately
preceding registration shall, not later than 10 days after
that person establishes a new residence, register a current
address, fingerprints, and photograph of that person, for
inclusion in the appropriate database, with--
`(B) the State in which the
new residence is established.
`(4) STATE REGISTRATION
REQUIREMENT- Any time any State agency in a State with a
minimally sufficient sexual offender registration program,
including a program established under section 170101, is
notified of a change of address by a person required to
register under such program within or outside of such State,
the State shall notify--
`(A) the law enforcement
officials of the jurisdiction to which, and the
jurisdiction from which, the person has relocated; and
`(A) NOTIFICATION OF LOCAL LAW
ENFORCEMENT OFFICIALS- The FBI shall ensure that State and
local law enforcement officials of the jurisdiction from
which, and the State and local law enforcement officials
of the jurisdiction to which, a person required to
register under subsection (c) relocates are notified of
the new residence of such person.
`(B) NOTIFICATION OF FBI- A
State agency receiving notification under this subsection
shall notify the FBI of the new residence of the offender.
`(i) STATE AGENCIES- If a
State agency cannot verify the address of or locate a
person required to register with a minimally sufficient
sexual offender registration program, including a
program established under section 170101, the State
shall immediately notify the FBI.
`(ii) FBI- If the FBI cannot
verify the address of or locate a person required to
register under subsection (c) or if the FBI receives
notification from a State under clause (i), the FBI
shall--
`(I) classify the person
as being in violation of the registration requirements
of the national database; and
`(II) 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.
`(h) FINGERPRINTS-
`(1) FBI REGISTRATION- For each
person required to register under subsection (c),
fingerprints shall be obtained and verified by the FBI or a
local law enforcement official pursuant to regulations
issued by the Attorney General.
`(2) STATE REGISTRATION SYSTEMS-
In a State that has a minimally sufficient sexual offender
registration program, including a program established under
section 170101, fingerprints required to be registered with
the FBI under this section shall be obtained and verified in
accordance with State requirements. The State agency
responsible for registration shall ensure that the
fingerprints and all other information required to be
registered is registered with the FBI.
`(i) PENALTY- A person required to
register under paragraph (1), (2), or (3) of subsection (g)
who knowingly fails to comply with this section shall--
`(1) in the case of a first
offense--
`(A) if the person has been
convicted of 1 offense described in subsection (b), be
fined not more than $100,000; or
`(B) if the person has been
convicted of more than 1 offense described in subsection
(b), be imprisoned for up to 1 year and fined not more
than $100,000; or
`(2) in the case of a second or
subsequent offense, be imprisoned for up to 10 years and
fined not more than $100,000.
`(j) RELEASE OF INFORMATION- The
information collected by the FBI under this section shall be
disclosed by the FBI--
`(1) to Federal, State, and
local criminal justice agencies for--
(A) law enforcement purposes;
and
`(B) community notification in
accordance with section 170101(d)(3); and
`(2) to Federal, State, and
local governmental agencies responsible for conducting
employment-related background checks under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a).
`(k) NOTIFICATION UPON RELEASE-
Any State not having established a program described in
section 170102(a)(3) must--
`(1) upon release from prison,
or placement on parole, supervised release, or probation,
notify each offender who is convicted of an offense
described in subparagraph (A) or (B) of section 170101(a)(1)
of their duty to register with the FBI; and
`(2) notify the FBI of the
release of each offender who is convicted of an offense
described in subparagraph (A) or (B) of section
170101(a)(1).'.
SEC. 3. DURATION OF STATE
REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(b)(6)) is amended to read as follows:
`(6) LENGTH OF REGISTRATION- A
person required to register under subsection (a)(1) shall
continue to comply with this section, except during ensuing
periods of incarceration, until--
`(A) 10 years have elapsed
since the person was released from prison or placed on
parole, supervised release, or probation; or
'(B) for the life of that
person if that person--
`(i) has 1 or more prior
convictions for an offense described in subsection
(a)(1)(A); or
`(ii) has been convicted of
an aggravated offense described in subsection (a)(1)(A);
or
`(iii) has been determined
to be a sexually violent predator pursuant to subsection
(a)(2).'.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(a)(2)) is amended by inserting before the period
at the end the following: `, victim rights advocates, and
representatives from law enforcement agencies'.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071) is amended by adding at the end the following new
subsection:
`(g) FINGERPRINTS- Each
requirement to register under this section shall be deemed to
also require the submission of a set of fingerprints of the
person required to register, obtained in accordance with
regulations prescribed by the Attorney General under section
170102(h).'.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of
the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(b)(3)(A)(iii)) is amended by adding at the end
the following: `The person shall include with the verification
form, fingerprints and a photograph of that person.'.
SEC. 7. REGISTRATION
INFORMATION.
Section 170101(b)(2) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(b)(2)) is amended to read as follows:
`(2) TRANSFER OF INFORMATION TO
STATE AND THE FBI- 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 all information described in paragraph
(1) to the Federal Bureau of Investigation for inclusion in
the FBI database described in section 170102.'.
SEC. 8. IMMUNITY FOR GOOD FAITH
CONDUCT.
State and Federal law enforcement
agencies, employees of State and Federal law enforcement
agencies, and State and Federal officials shall be immune from
liability for good faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than 1 year after the
date of enactment of this Act, the Attorney General shall
issue regulations to carry out this Act and the amendments
made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) IN GENERAL- This Act and the
amendments made by this Act shall become effective 1 year
after the date of enactment of this Act.
(b) COMPLIANCE BY STATES- Each
State shall implement the amendments made by sections 3, 4, 5,
6, and 7 of this Act not later than 3 years after the date of
enactment of this Act, except that the Attorney General may
grant an additional 2 years to a State that is making good
faith efforts to implement such amendments.
(c) Ineligibility for Funds-
(1) A State that fails to
implement the program as described in sections 3, 4, 5, 6,
and 7 of this Act shall not receive 10 percent of the funds
that would otherwise be allocated to the State under section
506 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756).
(2) Any funds that are not
allocated for failure to comply with section 3, 4, 5, 6, or
7 of this Act shall be reallocated to States that comply
with these sections.
SEC. 11. SEVERABILITY.
If any provision of this Act, an
amendment made by this Act, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this Act, the
amendments made by this Act, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
Speaker of the House of
Representatives.
Vice President of the United
States and
President of the Senate.
END
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