Union Calendar No. 217

103D CONGRESS

1ST SESSION H. R. 324

[Report No. 103–392]

A BILL

To require any person who is convicted of a State

lease from prison, parole, or supervision.ment officials of the State for 10 years after reto register a current address with law enforcecriminal offense against a victim who is a minor

NOVEMBER 20, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 217

103D CONGRESS

1ST SESSION H. R. 324

[Report No. 103–392]

To require any person who is convicted of a State criminal offense against

a victim who is a minor to register a current address with law enforcement officials of the State for 10 years after release from prison, parole,

or supervision.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. RAMSTAD introduced the following bill; which was referred to the

Committee on the Judiciary

NOVEMBER 20, 1993

Additional sponsors: Mr. MCMILLAN, Mr. LEHMAN, Mr. DURBIN, Mr. BEREUTER, Mr. SKEEN, Mr. GINGRICH, Mr. MCCOLLUM, Mr. PETERSON of

Minnesota, Mr. HYDE, Mr. DORNAN, Mr. EWING, Mr. SCHIFF, Mr.

MCDADE, Mr. PETERSON of Florida, Mr. ROYCE, Mr. GREENWOOD, Mr.

WALSH, Mr. SOLOMON, Mr. FISH, Mr. BAKER of California, Mr. RANGEL, Mr. ZELIFF, Mr. PETE GEREN of Texas, Mr. SENSENBRENNER,

Mr. PORTER, Mr. DIAZ-BALART, Mr. GRAMS, Mr. DOOLEY, Mr. BAKER

of Louisiana, Mr. SMITH of Oregon, Mr. HINCHEY, Mr. BARTLETT of

Maryland, Mr. SABO, Mrs. MEEK, Mr. MOORHEAD, Miss COLLINS of

Michigan, Ms. MOLINARI, Mr. WYNN, Mr. KYL, Mr. MINGE, Mr. GLICKMAN, Mr. HANCOCK, Mr. GEKAS, Mr. RAVENEL, Mr. MCNULTY, Mr.

LEVY, Mr. KIM, Mr. MCDERMOTT, Mr. BUNNING, Mr. PAXON, Mrs.

FOWLER, Mr. GILMAN, Mr. GILCHREST, Mr. ANDREWS of New Jersey,

Ms. MARGOLIES-MEZVINSKY, Mr. HOYER, Mr. POMEROY, and Mr.

STRICKLAND

NOVEMBER 20, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
2

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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]

A BILL

To require any person who is convicted of a State criminal

offense against a victim who is a minor to register a

current address with law enforcement officials of the

State for 10 years after release from prison, parole,

or supervision.

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 ‘‘Jacob Wetterling Crimes

5 Against Children Registration Act’’.

6 SEC. 2. ESTABLISHMENT OF PROGRAM.

7 (a) IN GENERAL.—

8 (1) STATE GUIDELINES.—The Attorney General

9 shall establish guidelines for State programs requiring

10 any person who is convicted of a criminal offense

11 against a victim who is a minor to register a current

12 address with a designated State law enforcement

13 agency for 10 years after release from prison, or being

14 placed on parole, supervised release, or probation.

15 (2) DEFINITION.—For purposes of this sub16 section, the term ‘‘criminal offense against a victim
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1 who is a minor’’ means any criminal offense that

2 consists of—

3 (A) kidnapping of a minor, except by a

4 parent;

5 (B) false imprisonment of a minor, except

6 by a parent;

7 (C) criminal sexual conduct toward a

8 minor;

9 (D) solicitation of a minor to engage in sex10 ual conduct;

11 (E) use of a minor in a sexual performance;

12 (F) solicitation of a minor to practice pros13 titution;

14 (G) any conduct that by its nature is a sex15 ual offense against a minor; or

16 (H) an attempt to commit an offense de17 scribed in any of subparagraphs (A) through (G)

18 of this paragraph, if the State—

19 (i) makes such an attempt a criminal

20 offense; and

21 (ii) chooses to include such an offense

22 in those which are criminal offenses against

23 a victim who is a minor for the purposes of

24 this section.
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1 (b) REGISTRATION REQUIREMENT UPON RELEASE,

2 PAROLE, SUPERVISED RELEASE, OR PROBATION.—An ap3 proved State registration program established under this

4 section shall contain the following requirements:

5 (1) DUTY OF STATE PRISON OFFICIAL OR

6 COURT.—If a person who is required to register under

7 this section is released from prison, or placed on pa8 role, supervised release, or probation, a State prison

9 officer, or in the case of probation, the court, shall—

10 (A) inform the person of the duty to register

11 and obtain the information required for such

12 registration;

13 (B) inform the person that if the person

14 changes residence address, the person shall give

15 the new address to a designated State law en16 forcement agency in writing within 10 days;

17 (C) inform the person that if the person

18 changes residence to another State, the person

19 shall register the new address with the law en20 forcement agency with whom the person last reg21 istered, and the person is also required to reg22 ister with a designated law enforcement agency

23 in the new State not later than 10 days after es24 tablishing residence in the new State, if the new

25 State has a registration requirement;
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1 (D) obtain fingerprints and a photograph of

2 the person if these have not already been ob3 tained in connection with the offense that trig4 gers registration; and

5 (E) require the person to read and sign a

6 form stating that the duty of the person to reg7 ister under this section has been explained.

8 (2) TRANSFER OF INFORMATION TO STATE AND

9 THE F.B.I.—The officer, or in the case of a person

10 placed on probation, the court, shall, within 3 days

11 after receipt of information described in paragraph

12 (1), forward it to a designated State law enforcement

13 agency. The State law enforcement agency shall im14 mediately enter the information into the appropriate

15 State law enforcement record system and notify the

16 appropriate law enforcement agency having jurisdic17 tion where the person expects to reside. The State law

18 enforcement agency shall also immediately transmit

19 the conviction data and fingerprints to the Federal

20 Bureau of Investigation.

21 (3) ANNUAL VERIFICATION.—On each anniver22 sary of a person’s initial registration date during the

23 period in which the person is required to register

24 under this section, the designated State law enforce25 ment agency shall mail a nonforwardable verification
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1 form to the last reported address of the person. The

2 person shall mail the verification form to the des3 ignated State law enforcement agency within 10 days

4 after receipt of the form. The verification form shall

5 be signed by the person, and state that the person still

6 resides at the address last reported to the designated

7 State law enforcement agency. If the person fails to

8 mail the verification form to the designated State law

9 enforcement agency within 10 days after receipt of the

10 form, the person shall be in violation of this section

11 unless the person proves that the person has not

12 changed his or her residence address.

13 (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT

14 AGENCIES OF CHANGES IN ADDRESS.—Any change of

15 address by a person required to register under this

16 section reported to the designated State law enforce17 ment agency shall immediately be reported to the ap18 propriate law enforcement agency having jurisdiction

19 where the person is residing. The designated law en20 forcement agency shall, if the person changes residence

21 to another State, notify the person of the law enforce22 ment agency with which the person must register in

23 the new State, if the new State has a registration re24 quirement.
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1 (5) PRIVACY OF DATA.—The information col2 lected under a State registration program shall be

3 treated as private data on individuals and may be

4 disclosed only to law enforcement agencies for inves5 tigative purposes or to government agencies conduct6 ing confidential background checks with fingerprints

7 on applicants for child care positions or other posi8 tions involving contact with children.

9 (c) REGISTRATION FOR CHANGE OF ADDRESS TO AN10 OTHER STATE.—A person who has been convicted of an of11 fense which triggered registration in a State shall register

12 the new address with a designated law enforcement agency

13 in another State to which the person moves not later than

14 10 days after such person establishes residence in the new

15 State, if the new State has a registration requirement.

16 (d) REGISTRATION FOR 10 YEARS.—A person required

17 to register under this section shall continue to comply with

18 this section until 10 years have elapsed since the person

19 was released from prison, or placed on parole, supervised

20 release, or probation.

21 (e) PENALTY.—A person required to register under a

22 State program established pursuant to this section who

23 knowingly fails to so register and keep such registration

24 current shall be subject to criminal penalties in any State

25 in which the person has so failed.
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1 (f) COMPLIANCE.—

2 (1) COMPLIANCE DATE.—Each State shall have 3

3 years from the date of the enactment of this Act in

4 which to implement this section.

5 (2) INELIGIBILITY FOR FUNDS.—The allocation

6 of funds under section 506 of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3756) received by a State not complying with

9 the guidelines issued under this section 3 years after

10 the date of enactment of this Act may be reduced by

11 10 percent and the unallocated funds shall be reallo12 cated to the States in compliance with this section.