II 

109TH CONGRESS 

1ST SESSION S. 1220 

To assist law enforcement in their efforts to recover missing children and 

to strengthen the standards for State sex offender registration programs. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2005 

Mr. DODD (for himself, Ms. COLLINS, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To assist law enforcement in their efforts to recover missing 

children and to strengthen the standards for State sex 

offender registration programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention and Recov5 ery of Missing Children Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) An improved registration system for sex of9 fenders and others who commit predatory acts 
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1 against children will provide law enforcement agen2 cies with additional information critical to pre3 venting and promptly resolving such crimes. 

4 (2) The most recent annual data shows that 

5 about 58,000 children were abducted by nonfamily 

6 members, usually people who are strangers to the 

7 children. The most frequent victims were teenage 

8 girls. Almost 1/2 of these victims were sexually mo9 lested. 

10 (3) The National Crime Information Center 

11 (NCIC) database, which links more than 16,000 

12 Federal, State, and local law enforcement agencies, 

13 is a critical means of cooperation among law en14 forcement agencies. 

15 (4) Delays in entering missing children reports 

16 into the NCIC database leads to investigative delays 

17 when time is critical to ensuring the safe return of 

18 missing children, as evidenced by the fact that in 74 

19 percent of abduction homicide cases the child is dead 

20 within the first 3 hours and 91 percent are killed 

21 within 24 hours. 

22 SEC. 3. MISSING CHILD REPORTING REQUIREMENTS. 

23 (a) IN GENERAL.—Section 3702 of the Crime Con24 trol Act of 1990 (42 U.S.C. 5780) is amended— 
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1 (1) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) ensure that no law enforcement agency 

6 within the State establishes or maintains any policy 

7 that requires the removal of a missing person entry 

8 from its State law enforcement system or the Na9 tional Crime Information Center computer network 

10 based solely on the age of the person;’’; and 

11 (3) in paragraph (3), as so redesignated, by 

12 striking ‘‘immediately’’ and inserting ‘‘within 2 

13 hours of receipt’’. 

14 SEC. 4. STANDARDS FOR SEX OFFENDER REGISTRATION 

15 PROGRAMS. 

16 (a) IN GENERAL.—Section 170101 of the Violent 

17 Crime Control and Law Enforcement Act of 1994 (42 

18 U.S.C. 14071) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)(A)— 

21 (i) by striking clause (i), and inserting 

22 the following: 

23 ‘‘(i) inform the person of the duty to 

24 register and obtain the information re25 quired for such registration, including the 
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1 person’s name, current address, antici2 pated future residence, employer name and 

3 address, license plate number and other 

4 identifying information about each vehicle 

5 that the person owns, and student enroll6 ment information;’’; 

7 (ii) by striking clause (iv) and insert8 ing the following: 

9 ‘‘(iv) obtain fingerprints, a photo10 graph, and a deoxyribonucleic acid (DNA) 

11 sample, unless they were obtained within 

12 the previous 3 months;’’; 

13 (iii) in clause (v), by striking the pe14 riod at the end and inserting the following: 

15 ‘‘; and’’; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(vi) for persons who are incarcer19 ated, perform each of the duties under 

20 clauses (i) through (v) prior to the release 

21 of that person from incarceration.’’; 

22 (B) in paragraph (2)(A), in the second 

23 sentence, by inserting ‘‘registration information 

24 for persons intending to move to another State 

25 is promptly made available to the registering 
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1 agency of that State, and that’’ after ‘‘State 

2 procedures shall also ensure that’’; 

3 (C) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) VERIFICATION.—For all persons required 

6 to register under this section, State procedures shall 

7 provide for verification of registry information at 

8 least once every 90 days.’’; 

9 (D) by striking paragraph (4) and insert10 ing the following: 

11 ‘‘(4) NOTIFICATION OF LOCAL LAW ENFORCE12 MENT AGENCIES OF CHANGES IN REGISTRY INFOR13 MATION.—State procedures shall provide that all 

14 persons required to register under this section shall 

15 report a change of name, address, employer name 

16 and address, vehicle information, and student enroll17 ment information to a law enforcement agency that 

18 has jurisdiction where the person will reside, not 

19 later than 2 business days after such change takes 

20 effect.’’; and 

21 (E) by adding at the end the following: 

22 ‘‘(8) CURRENT PHOTOGRAPH.—State proce23 dures shall provide for local law enforcement to ob24 tain a photograph for all persons required to register 

25 under this section— 
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1 ‘‘(A) at the initial registration of the per2 son; and 

3 ‘‘(B) at least once a year from the time of 

4 verification of the registry information of that 

5 person, throughout the term of registration. 

6 ‘‘(9) DRIVER’S LICENSE OR IDENTIFICATION

7 CARD.—State procedures shall require that all per8 sons required to register under this section obtain, 

9 at the time of initial registration, a driver’s license 

10 or identification card from the State Department of 

11 Motor Vehicles in the State in which that person re12 sides.’’; and 

13 (2) in subsection (d)— 

14 (A) by striking ‘‘A’’ and inserting the fol15 lowing: 

16 ‘‘(1) IN GENERAL.—A’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(2) FELONY.—States shall designate a failure 

19 to comply with the registration and verification re20 quirements of this section as a felony and permit 

21 such failure to be grounds for the immediate 

22 issuance of an arrest warrant. 

23 ‘‘(3) CONSIDERATIONS.—States shall consider a 

24 failure to comply with the registration and 

25 verification requirements of this section as an ongo-
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1 ing offense for the purpose of statutes of limitation, 

2 and shall consider a failure to register each item of 

3 changed registry information as a separate offense.’’. 

Æ