I

103D CONGRESS

1ST SESSION H. R. 3256

To provide for the registration of persons convicted of sex offenses against

children.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 1993

Mr. PETE GEREN of Texas introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To provide for the registration of persons convicted of sex

offenses against children.

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 ‘‘Child Protection Act

5 of 1993’’.

6 SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS

7 WHOSE VICTIMS ARE CHILDREN.

8 (a) STATES TO REGISTER PERSONS CONVICTED OF

9 SEX OFFENSES AGAINST CHILDREN.—
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1 (1) IN GENERAL.—Each State shall establish

2 and maintain a registration program under this sec3 tion requiring persons convicted of a sex offense

4 against a victim who is a child to register a current

5 address and other information that the Attorney

6 General deems relevant, with a designated State law

7 enforcement agency for 20 years after being released

8 from prison or otherwise being freed from detention

9 after the conviction becomes final. Each State shall

10 permit members of the public to inquire whether any

11 registered offenders live in their vicinity and whether

12 a named individual is so registered.

13 (2) ATTORNEY GENERAL TO ESTABLISH GUIDE14 LINES.—The Attorney General shall establish guide15 lines for State registration programs under this sec16 tion.

17 (3) MANDATORY ELEMENTS OF GUIDELINES.—

18 Such guidelines shall include provision for—

19 (A) a requirement that the State obtain

20 the fingerprints, physical description, and cur21 rent photographs of each registered person;

22 (B) annual updating of the information

23 contained in the registry by each registered per24 son;
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1 (C) criminal penalties for failing to comply

2 with the registration requirements; and

3 (D) a toll-free phone number through

4 which residents of the State may make the in5 quiries described in paragraph (1).

6 (b) STATES TO REPORT.—

7 (1) IN GENERAL.—Each State shall report to

8 the Attorney General, in such form and manner as

9 the Attorney General shall prescribe—

10 (A) information about each conviction for

11 a sex offense against a victim who is a child;

12 and

13 (B) the information on the registry that

14 State is required to establish and maintain

15 under subsection (a).

16 (2) ANNUAL SUMMARY OF CONVICTIONS.—The

17 Attorney General shall publish an annual summary

18 of convictions for sex offenses involving children,

19 based on information reported under this section.

20 (c) SANCTION FOR NONCOMPLIANCE BY STATE.—If

21 a State fails to comply with an obligation under subsection

22 (a) or (b) during the period that begins 3 years after the

23 date of the enactment of this Act, the allocation of funds

24 under section 506 of title I of the Omnibus Crime Control

25 and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be
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1 reduced by 25 percent, and the unallocated funds shall

2 be reallocated to the States complying with those obliga3 tions.

4 (d) BACKGROUND CHECKS.—

5 (1) IN GENERAL.—A State shall permit quali6 fied entities to obtain from an authorized agency of

7 the State a nationwide background check for the

8 purpose of determining whether there is a report

9 that a provider has been convicted of a background

10 check crime.

11 (2) ATTORNEY GENERAL TO PROVIDE INFORMA12 TION.—The Attorney General, in accordance with

13 such rules and subject to such conditions as the At14 torney General shall prescribe, shall provide to au15 thorized agencies of States information possessed by

16 the Department of Justice that would enable the

17 agency to make the background check described in

18 paragraph (1). In making such rules and setting

19 such conditions, the Attorney General shall take care

20 to assure—

21 (A) the currency and accuracy of the infor22 mation; and

23 (B) that the States maintain procedures to

24 permit providers to check and correct informa25 tion relating to such providers.
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1 (e) DEFINITIONS.—As used in this Act—

2 (1) the term ‘‘child’’ means a person who has

3 not attained the age of 18 years;

4 (2) the term ‘‘sex offense’’ means a criminal of5 fense which includes as a element conduct that is a

6 sexual act or sexual conduct as defined in section

7 2245 of title 18, United States Code;

8 (3) the term ‘‘State’’ includes the District of

9 Columbia, Puerto Rico, and any other territory or

10 possession of the United States;

11 (4) the term ‘‘authorized agency of the State’’

12 means the agency of the State the State designates

13 to carry out the background checks described in sub14 section (d);

15 (5) the term ‘‘qualified entity’’ means a busi16 ness or organization of any sort that provides child

17 education or child care or child education or child

18 care placement services, including a business or or19 ganization that licenses or certifies others to provide

20 such services;

21 (6) the term ‘‘provider’’ means any person

22 who—

23 (A) seeks or has contact with a child while

24 that child is receiving care from a qualified en25 tity; and
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1 (B) seeks employment or ownership of a

2 qualified entity; and

3 (7) the term ‘‘background check crime’’ means,

4 with respect to a provider, any crime committed by

5 that provider that, as determined under rules pre6 scribed by the Attorney General, may affect the

7 safety of children under the care of a qualified entity

8 with respect to which that provider has a relation9 ship described in paragraph (5).

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