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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1675 Enrolled Bill (ENR)]

        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--
            ``(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.

    ``(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.
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