PUBLIC LAW 104–236—OCT. 3, 1996 110 STAT. 3093

Public Law 104–236

104th Congress

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;

42 USC 14072.

Pam Lychner

Sexual Offender

Tracking and

Identification Act

of 1996.

42 USC 13701

note.

Oct. 3, 1996

[S. 1675]
110 STAT. 3094 PUBLIC LAW 104–236—OCT. 3, 1996

‘‘(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,

Applicability.

Guidelines.
PUBLIC LAW 104–236—OCT. 3, 1996 110 STAT. 3095

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—

‘‘(A) the FBI; and

‘‘(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

‘‘(B) the FBI.

‘‘(5) VERIFICATION.—

‘‘(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.

‘‘(C) VERIFICATION.—

‘‘(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.

Records.

Notification.

Notification.
110 STAT. 3096 PUBLIC LAW 104–236—OCT. 3, 1996

‘‘(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—
PUBLIC LAW 104–236—OCT. 3, 1996 110 STAT. 3097

‘‘(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.

42 USC 14073.

Notification.

Records.
110 STAT. 3098 PUBLIC LAW 104–236—OCT. 3, 1996

LEGISLATIVE HISTORY—S. 1675 (H.R. 3456):

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 25, considered and passed Senate.

Sept. 25, H.R. 3456 considered in House.

Sept. 26, S. 1675 and H.R. 3456 considered and passed House.

Æ

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.

Approved October 3, 1996.

42 USC 14071

note.

42 USC 14071

note.

42 USC 14071

note.