I

104TH CONGRESS

2D SESSION S. 1675

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1996

Referred to the Committee on the Judiciary

AN ACT

To provide for the nationwide tracking of convicted sexual

predators, and for other purposes.

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 ‘‘Pam Lychner Sexual

5 Offender Tracking and Identification Act of 1996’’.
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1 SEC. 2. OFFENDER REGISTRATION.

2 (a) ESTABLISHMENT OF FBI DATABASE.—Subtitle

3 A of title XVII of the Violent Crime Control and Law En4 forcement Act of 1994 (42 U.S.C. 14071) is amended by

5 adding at the end the following new section:

6 ‘‘SEC. 170102. FBI DATABASE.

7 ‘‘(a) DEFINITIONS.—For purposes of this section—

8 ‘‘(1) the term ‘FBI’ means the Federal Bureau

9 of Investigation;

10 ‘‘(2) the terms ‘criminal offense against a vic11 tim who is a minor’, ‘sexually violent offense’, ‘sexu12 ally violent predator’, ‘mental abnormality’, and

13 ‘predatory’ have the same meanings as in section

14 170101(a)(3); and

15 ‘‘(3) the term ‘minimally sufficient sexual of16 fender registration program’ means any State sexual

17 offender registration program that—

18 ‘‘(A) requires the registration of each of19 fender who is convicted of an offense described

20 in subparagraph (A) or (B) of section

21 170101(a)(1);

22 ‘‘(B) requires that all information gathered

23 under such program be transmitted to the FBI

24 in accordance with subsection (g) of this sec25 tion;
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1 ‘‘(C) meets the requirements for verifica2 tion under section 170101(b)(3); and

3 ‘‘(D) requires that each person who is re4 quired to register under subparagraph (A) shall

5 do so for a period of not less than 10 years be6 ginning on the date that such person was re7 leased from prison or placed on parole, super8 vised release, or probation.

9 ‘‘(b) ESTABLISHMENT.—The Attorney General shall

10 establish a national database at the Federal Bureau of In11 vestigation to track the whereabouts and movement of—

12 ‘‘(1) each person who has been convicted of a

13 criminal offense against a victim who is a minor;

14 ‘‘(2) each person who has been convicted of a

15 sexually violent offense; and

16 ‘‘(3) each person who is a sexually violent pred17 ator.

18 ‘‘(c) REGISTRATION REQUIREMENT.—Each person

19 described in subsection (b) who resides in a State that

20 has not established a minimally sufficient sexual offender

21 registration program shall register a current address, fin22 gerprints of that person, and a current photograph of that

23 person with the FBI for inclusion in the database estab24 lished under subsection (b) for the time period specified

25 under subsection (d).
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1 ‘‘(d) LENGTH OF REGISTRATION.—A person de2 scribed in subsection (b) who is required to register under

3 subsection (c) shall, except during ensuing periods of in4 carceration, continue to comply with this section—

5 ‘‘(1) until 10 years after the date on which the

6 person was released from prison or placed on parole,

7 supervised release, or probation; or

8 ‘‘(2) for the life of the person, if that person—

9 ‘‘(A) has 2 or more convictions for an of10 fense described in subsection (b);

11 ‘‘(B) has been convicted of aggravated sex12 ual abuse, as defined in section 2241 of title

13 18, United States Code, or in a comparable

14 provision of State law; or

15 ‘‘(C) has been determined to be a sexually

16 violent predator.

17 ‘‘(e) VERIFICATION.—

18 ‘‘(1) PERSONS CONVICTED OF AN OFFENSE

19 AGAINST A MINOR OR A SEXUALLY VIOLENT OF20 FENSE.—In the case of a person required to register

21 under subsection (c), the FBI shall, during the pe22 riod in which the person is required to register

23 under subsection (d), verify the person’s address in

24 accordance with guidelines that shall be promulgated

25 by the Attorney General. Such guidelines shall en-
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1 sure that address verification is accomplished with

2 respect to these individuals and shall require the

3 submission of fingerprints and photographs of the

4 individual.

5 ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para6 graph (1) shall apply to a person described in sub7 section (b)(3), except that such person must verify

8 the registration once every 90 days after the date of

9 the initial release or commencement of parole of that

10 person.

11 ‘‘(f) COMMUNITY NOTIFICATION.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

13 the FBI may release relevant information concerning

14 a person required to register under subsection (c)

15 that is necessary to protect the public.

16 ‘‘(2) IDENTITY OF VICTIM.—In no case shall

17 the FBI release the identity of any victim of an of18 fense that requires registration by the offender with

19 the FBI.

20 ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN RESI21 DENCE.—

22 ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.—

23 For purposes of this section, a person shall be

24 deemed to have established a new residence during
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1 any period in which that person resides for not less

2 than 10 days.

3 ‘‘(2) PERSONS REQUIRED TO REGISTER WITH

4 THE FBI.—Each establishment of a new residence,

5 including the initial establishment of a residence im6 mediately following release from prison, or place7 ment on parole, supervised release, or probation, by

8 a person required to register under subsection (c)

9 shall be reported to the FBI not later than 10 days

10 after that person establishes a new residence.

11 ‘‘(3) INDIVIDUAL REGISTRATION REQUIRE12 MENT.—A person required to register under sub13 section (c) or under a minimally sufficient offender

14 registration program, including a program estab15 lished under section 170101, who changes address to

16 a State other than the State in which the person re17 sided at the time of the immediately preceding reg18 istration shall, not later than 10 days after that per19 son establishes a new residence, register a current

20 address, fingerprints, and photograph of that per21 son, for inclusion in the appropriate database,

22 with—

23 ‘‘(A) the FBI; and

24 ‘‘(B) the State in which the new residence

25 is established.
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1 ‘‘(4) STATE REGISTRATION REQUIREMENT.—

2 Any time any State agency in a State with a mini3 mally sufficient sexual offender registration pro4 gram, including a program established under section

5 170101, is notified of a change of address by a per6 son required to register under such program within

7 or outside of such State, the State shall notify—

8 ‘‘(A) the law enforcement officials of the

9 jurisdiction to which, and the jurisdiction from

10 which, the person has relocated; and

11 ‘‘(B) the FBI.

12 ‘‘(5) VERIFICATION.—

13 ‘‘(A) NOTIFICATION OF LOCAL LAW EN14 FORCEMENT OFFICIALS.—The FBI shall ensure

15 that State and local law enforcement officials of

16 the jurisdiction from which, and the State and

17 local law enforcement officials of the jurisdic18 tion to which, a person required to register

19 under subsection (c) relocates are notified of

20 the new residence of such person.

21 ‘‘(B) NOTIFICATION OF FBI.—A State

22 agency receiving notification under this sub23 section shall notify the FBI of the new resi24 dence of the offender.

25 ‘‘(C) VERIFICATION.—
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1 ‘‘(i) STATE AGENCIES.—If a State

2 agency cannot verify the address of or lo3 cate a person required to register with a

4 minimally sufficient sexual offender reg5 istration program, including a program es6 tablished under section 170101, the State

7 shall immediately notify the FBI.

8 ‘‘(ii) FBI.—If the FBI cannot verify

9 the address of or locate a person required

10 to register under subsection (c) or if the

11 FBI receives notification from a State

12 under clause (i), the FBI shall—

13 ‘‘(I) classify the person as being

14 in violation of the registration require15 ments of the national database; and

16 ‘‘(II) add the name of the person

17 to the National Crime Information

18 Center Wanted person file and create

19 a wanted persons record: Provided,

20 That an arrest warrant which meets

21 the requirements for entry into the

22 file is issued in connection with the

23 violation.

24 ‘‘(h) FINGERPRINTS.—
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1 ‘‘(1) FBI REGISTRATION.—For each person re2 quired to register under subsection (c), fingerprints

3 shall be obtained and verified by the FBI or a local

4 law enforcement official pursuant to regulations is5 sued by the Attorney General.

6 ‘‘(2) STATE REGISTRATION SYSTEMS.—In a

7 State that has a minimally sufficient sexual offender

8 registration program, including a program estab9 lished under section 170101, fingerprints required to

10 be registered with the FBI under this section shall

11 be obtained and verified in accordance with State re12 quirements. The State agency responsible for reg13 istration shall ensure that the fingerprints and all

14 other information required to be registered is reg15 istered with the FBI.

16 ‘‘(i) PENALTY.—A person required to register under

17 paragraph (1), (2), or (3) of subsection (g) who knowingly

18 fails to comply with this section shall—

19 ‘‘(1) in the case of a first offense—

20 ‘‘(A) if the person has been convicted of 1

21 offense described in subsection (b), be fined not

22 more than $100,000; or

23 ‘‘(B) if the person has been convicted of

24 more than 1 offense described in subsection (b),
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1 be imprisoned for up to 1 year and fined not

2 more than $100,000; or

3 ‘‘(2) in the case of a second or subsequent of4 fense, be imprisoned for up to 10 years and fined

5 not more than $100,000.

6 ‘‘(j) RELEASE OF INFORMATION.—The information

7 collected by the FBI under this section shall be disclosed

8 by the FBI—

9 ‘‘(1) to Federal, State, and local criminal jus10 tice agencies for—

11 ‘‘(A) law enforcement purposes; and

12 ‘‘(B) community notification in accordance

13 with section 170101(d)(3); and

14 ‘‘(2) to Federal, State, and local governmental

15 agencies responsible for conducting employment-re16 lated background checks under section 3 of the Na17 tional Child Protection Act of 1993 (42 U.S.C.

18 5119a).’’.

19 ‘‘(k) NOTIFICATION UPON RELEASE.—Any State not

20 having established a program described in section

21 170102(a)(3) must—

22 ‘‘(1) upon release from prison, or placement on

23 parole, supervised release, or probation, notify each

24 offender who is convicted of an offense described in
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1 subparagraph (A) or (B) of section 170101(a)(1) of

2 their duty to register with the FBI; and

3 ‘‘(2) notify the FBI of the release of each of4 fender who is convicted of an offense described in

5 subparagraph (A) or (B) of section 170101(a)(1).’’.

6 SEC. 3. DURATION OF STATE REGISTRATION REQUIRE7 MENT.

8 Section 170101(b)(6) of the Violent Crime Control

9 and Law Enforcement Act of 1994 (42 U.S.C.

10 14071(b)(6)) is amended to read as follows:

11 ‘‘(6) LENGTH OF REGISTRATION.—A person re12 quired to register under subsection (a)(1) shall con13 tinue to comply with this section, except during en14 suing periods of incarceration, until—

15 ‘‘(A) 10 years have elapsed since the per16 son was released from prison or placed on pa17 role, supervised release, or probation; or

18 ‘‘(B) for the life of that person if that per19 son—

20 ‘‘(i) has 1 or more prior convictions

21 for an offense described in subsection

22 (a)(1)(A); or

23 ‘‘(ii) has been convicted of an aggra24 vated offense described in subsection

25 (a)(1)(A); or
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1 ‘‘(iii) has been determined to be a sex2 ually violent predator pursuant to sub3 section (a)(2).’’.

4 SEC. 4. STATE BOARDS.

5 Section 170101(a)(2) of the Violent Crime Control

6 and Law Enforcement Act of 1994 (42 U.S.C.

7 14071(a)(2)) is amended by inserting before the period

8 at the end the following: ‘‘, victim rights advocates, and

9 representatives from law enforcement agencies’’.

10 SEC. 5. FINGERPRINTS.

11 Section 170101 of the Violent Crime Control and

12 Law Enforcement Act of 1994 (42 U.S.C. 14071) is

13 amended by adding at the end the following new sub14 section:

15 ‘‘(g) FINGERPRINTS.—Each requirement to register

16 under this section shall be deemed to also require the sub17 mission of a set of fingerprints of the person required to

18 register, obtained in accordance with regulations pre19 scribed by the Attorney General under section

20 170102(h).’’.

21 SEC. 6. VERIFICATION.

22 Section 170101(b)(3)(A)(iii) of the Violent Crime

23 Control and Law Enforcement Act of 1994 (42 U.S.C.

24 14071(b)(3)(A)(iii)) is amended by adding at the end the
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1 following: ‘‘The person shall include with the verification

2 form, fingerprints and a photograph of that person.’’.

3 SEC. 7. REGISTRATION INFORMATION.

4 Section 170101(b)(2) of the Violent Crime Control

5 and Law Enforcement Act of 1994 (42 U.S.C.

6 14071(b)(2)) is amended to read as follows:

7 ‘‘(2) TRANSFER OF INFORMATION TO STATE

8 AND THE FBI.—The officer, or in the case of a per9 son placed on probation, the court, shall, within 3

10 days after receipt of information described in para11 graph (1), forward it to a designated State law en12 forcement agency. The State law enforcement agen13 cy shall immediately enter the information into the

14 appropriate State Law enforcement record system

15 and notify the appropriate law enforcement agency

16 having jurisdiction where the person expects to re17 side. The State law enforcement agency shall also

18 immediately transmit all information described in

19 paragraph (1) to the Federal Bureau of Investiga20 tion for inclusion in the FBI database described in

21 section 170102.’’.

22 SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.

23 State and Federal law enforcement agencies, employ24 ees of State and Federal law enforcement agencies, and
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1 State and Federal officials shall be immune from liability

2 for good faith conduct under section 170102.

3 SEC. 9. REGULATIONS.

4 Not later than 1 year after the date of enactment

5 of this Act, the Attorney General shall issue regulations

6 to carry out this Act and the amendments made by this

7 Act.

8 SEC. 10. EFFECTIVE DATE.

9 (a) IN GENERAL.—This Act and the amendments

10 made by this Act shall become effective 1 year after the

11 date of enactment of this Act.

12 (b) COMPLIANCE BY STATES.—Each State shall im13 plement the amendments made by sections 3, 4, 5, 6, and

14 7 of this Act not later than 3 years after the date of enact15 ment of this Act, except that the Attorney General may

16 grant an additional 2 years to a State that is making good

17 faith efforts to implement such amendments.

18 (c) INELIGIBILITY FOR FUNDS.—

19 (1) A State that fails to implement the program

20 as described in section 3, 4, 5, 6, and 7 of this Act

21 shall not receive 10 percent of the funds that would

22 otherwise be allocated to the State under section 506

23 of the Omnibus Crime Control and Safe Streets Act

24 of 1968 (42 U.S.C. 3765).
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1 (2) Any funds that are not allocated for failure

2 to comply with section 3, 4, 5, 6, or 7 of this Act

3 shall be reallocated to States that comply with these

4 sections.

5 SEC. 11. SEVERABILITY.

6 If any provision of this Act, an amendment made by

7 this Act, or the application of such provision or amend8 ment to any person or circumstance is held to be unconsti9 tutional, the remainder of this Act, the amendments made

10 by this Act, and the application of the provisions of such

11 to any person or circumstance shall not be affected there12 by.

Passed the Senate July 25, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.