II

104TH CONGRESS

2D SESSION S. 1675

To provide for the nationwide tracking of convicted sexual predators, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 16, 1996

Mr. GRAMM (for himself, Mr. BIDEN, Mrs. HUTCHISON, and Mr. FAIRCLOTH)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

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 ‘‘Sexual Offender

5 Tracking and Identification Act of 1996’’.

6 SEC. 2. OFFENDER REGISTRATION.

7 (a) ESTABLISHMENT OF FBI DATABASE.—Subtitle

8 A of title XVII of the Violent Crime Control and Law En9 forcement Act of 1994 (42 U.S.C. 14071) is amended by

10 adding at the end the following new section:
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1 ‘‘SEC. 170102. FBI DATABASE.

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

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

4 of Investigation;

5 ‘‘(2) the terms ‘criminal offense against a vic6 tim who is a minor’, ‘sexually violent offense’, ‘sexu7 ally violent predator’, ‘mental abnormality’, and

8 ‘predatory’ have the same meanings as in section

9 170101(a)(3); and

10 ‘‘(3) the term ‘minimally sufficient sexual of11 fender registration program’ means any State sexual

12 offender registration program that—

13 ‘‘(A) requires the registration of each of14 fender who is convicted of an offense described

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

16 170101(a)(1);

17 ‘‘(B) requires that all information gathered

18 under such program be transmitted to the FBI

19 in accordance with subsection (g) of this sec20 tion;

21 ‘‘(C) meets the requirements for verifica22 tion under section 170101(b)(3); and

23 ‘‘(D) requires that each person who is re24 quired to register under subparagraph (A) shall

25 do so for a period of not less than 10 years be26 ginning on the date that such person was re-
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1 leased from prison or placed on parole, super2 vised release, or probation.

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

4 establish a national database at the Federal Bureau of In5 vestigation to track the whereabouts and movement of—

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

7 criminal offense against a victim who is a minor;

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

9 sexually violent offense; and

10 ‘‘(3) each person who is a sexually violent pred11 ator.

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

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

14 has not established a minimally sufficient sexual offender

15 registration program shall register a current address, a

16 set of fingerprints of that person, and a current photo17 graph of that person with the FBI for inclusion in the

18 database established under subsection (b) for the time pe19 riod specified under subsection (d).

20 ‘‘(d) LENGTH OF REGISTRATION.—A person de21 scribed in subsection (b) who is required to register under

22 subsection (c) shall continue to comply with this section—

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

24 person was released from prison or placed on parole,

25 supervised release, or probation; or
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1 ‘‘(2) for the life of the person, if that person—

2 ‘‘(A) has 2 or more convictions for an of3 fense described in subsection (b);

4 ‘‘(B) has been convicted of aggravated sex5 ual abuse, as defined in section 2241 of title

6 18, United States Code, or in a comparable

7 provision of State law; or

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

9 violent predator.

10 ‘‘(e) VERIFICATION.—

11 ‘‘(1) PERSONS CONVICTED OF AN OFFENSE

12 AGAINST A MINOR OR A SEXUALLY VIOLENT OF13 FENSE.—In the case of a person required to register

14 under subsection (c), on each anniversary of the ini15 tial registration date during the period in which the

16 person is required to register under subsection (d)—

17 ‘‘(A) the FBI shall mail a nonforwardable

18 verification form to the last reported address of

19 the person;

20 ‘‘(B) the verification form shall be signed

21 by the person, and state whether the person

22 still resides at the address last reported to the

23 FBI; and

24 ‘‘(C) the person shall mail the verification

25 form, along with a set of fingerprints and a
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1 current photograph of that person, to the FBI

2 not later than 10 days after receipt of the form.

3 ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para4 graph (1) shall apply to a person described in sub5 section (b)(3), except that such person must verify

6 the registration once every 90 days after the date of

7 the initial release or commencement of parole of that

8 person.

9 ‘‘(f) COMMUNITY NOTIFICATION.—

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

11 the FBI may release relevant information concerning

12 a person required to register under subsection (c)

13 that is necessary to protect the public.

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

15 the FBI release the identity of any victim of an of16 fense that requires registration by the offender with

17 the FBI.

18 ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN RESI19 DENCE.—

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

21 For purposes of this section, a person shall be

22 deemed to have established a new residence during

23 any period in which that person resides for not less

24 than 10 days.
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1 ‘‘(2) PERSONS REQUIRED TO REGISTER WITH

2 THE FBI.—Each change of address by a person re3 quired to register under subsection (c) shall be re4 ported to the FBI not later than 10 days after that

5 person establishes a new residence.

6 ‘‘(3) INTERSTATE MOVEMENT.—A person re7 quired to register under subsection (c) or under a

8 minimally sufficient offender registration program,

9 including a program established under section

10 170101, who changes address to a State other than

11 the State in which the person resided at the time of

12 the immediately preceding registration shall, not

13 later than 10 days after that person establishes a

14 new residence, register a current address, set of fin15 gerprints, and photograph of that person, for inclu16 sion in the appropriate database, with—

17 ‘‘(A) the FBI; and

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

19 is established.

20 ‘‘(4) INTRASTATE MOVEMENT.—Any time any

21 State agency in a State with a minimally sufficient

22 sexual offender registration program, including a

23 program established under section 170101, is noti24 fied of a change of address by a person required to
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1 register under such program within or outside of

2 such State, the State shall notify—

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

4 jurisdiction to which, and the jurisdiction from

5 which, the person has relocated; and

6 ‘‘(B) the FBI.

7 ‘‘(5) VERIFICATION.—

8 ‘‘(A) NOTIFICATION OF LOCAL LAW EN9 FORCEMENT OFFICIALS.—The FBI shall ensure

10 that State and local law enforcement officials of

11 the jurisdiction from which, and the State and

12 local law enforcement officials of the jurisdic13 tion to which, a person required to register

14 under subsection (c) relocates are notified of

15 the new residence of such person.

16 ‘‘(B) NOTIFICATION OF FBI.—A State

17 agency receiving notification under this sub18 section shall notify the FBI of the new resi19 dence of the offender.

20 ‘‘(C) VERIFICATION.—

21 ‘‘(i) STATE AGENCIES.—If a State

22 agency cannot verify the address of or lo23 cate a person required to register with a

24 minimally sufficient sexual offender reg25 istration program, including a program es-
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1 tablished under section 170101, the State

2 shall immediately notify the FBI.

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

4 the address of or locate a person required

5 to register under subsection (c) or if the

6 FBI receives notification from a State

7 under clause (i), the FBI shall—

8 ‘‘(I) notify all States with a mini9 mally sufficient sexual offender reg10 istration program, including a pro11 gram established under section

12 170101; and

13 ‘‘(II) add the name of the person

14 to the Wanted Persons Index.

15 ‘‘(h) FINGERPRINTS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) FBI REGISTRATION.—For each per18 son required to register under subsection (c),

19 fingerprints shall be obtained and verified by

20 the FBI or a local law enforcement official pur21 suant to regulations issued by the Attorney

22 General.

23 ‘‘(B) STATE REGISTRATION SYSTEMS.—In

24 a State that has a minimally sufficient sexual

25 offender registration program, including a pro-
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1 gram established under section 170101, finger2 prints required to be registered with the FBI

3 under this section shall be obtained and verified

4 in accordance with State requirements. The

5 State agency responsible for registration shall

6 ensure that the fingerprints and all other infor7 mation required to be registered is registered

8 with the FBI.

9 ‘‘(2) FEES.—The FBI may collect fees pursu10 ant to title II of the Departments of Commerce,

11 Justice, and State, the Judiciary, and Related Agen12 cies Appropriations Act, 1991, under the heading

13 ‘FEDERAL BUREAU OF INVESTIGATION’ under the

14 subheading ‘SALARIES AND EXPENSES’ to offset the

15 costs of fingerprint verification carried out under

16 subsection (j)(2).

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

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

19 fails to comply with this section shall—

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

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

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

23 more than $100,000; or

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

25 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 criminal jus15 tice agencies conducting legitimate employment-re16 lated background checks for private organizations

17 under section 3 of the National Child Protection Act

18 of 1993 (42 U.S.C. 5119a).’’.

19 SEC. 3. DURATION OF STATE REGISTRATION REQUIRE20 MENT.

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

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

23 14071(b)(6)) is amended to read as follows:
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1 ‘‘(6) LENGTH OF REGISTRATION.—A person re2 quired to register under subsection (a)(1) shall con3 tinue to comply with this section until—

4 ‘‘(A) 10 years have elapsed since the per5 son was released from prison or placed on pa6 role, supervised release, or probation; or

7 ‘‘(B) for the life of that person if that per8 son—

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

10 for an offense described in subsection

11 (a)(1)(A); or

12 ‘‘(ii) has been convicted of an aggra13 vated offense described in subsection

14 (a)(1)(A); or

15 ‘‘(iii) has been determined to be a sex16 ually violent predator pursuant to sub17 section (a)(2).’’.

18 SEC. 4. STATE BOARDS.

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

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

21 14071(a)(2)) is amended by inserting before the period

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

23 representatives from law enforcement agencies’’.
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1 SEC. 5. FINGERPRINTS.

2 Section 170101 of the Violent Crime Control and

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

4 amended by adding at the end the following new sub5 section:

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

7 under this section shall be deemed to also require the sub8 mission of a set of fingerprints of the person required to

9 register, obtained in accordance with regulations pre10 scribed by the Attorney General under section

11 170102(h).’’.

12 SEC. 6. VERIFICATION.

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

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

15 14071(b)(3)(A)(iii)) is amended by adding at the end the

16 following: ‘‘The person shall include with the verification

17 form a set of fingerprints and a photograph of that per18 son.’’.

19 SEC. 7. REGULATIONS.

20 Not later than 1 year after the date of enactment

21 of this Act, the Attorney General shall issue regulations

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

23 Act.
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1 SEC. 8. EFFECTIVE DATE.

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

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

4 date of enactment of this Act.

5 (b) COMPLIANCE BY STATES.—Each State shall im6 plement the amendments made by sections 3, 4, 5, and

7 6 of this Act not later than 3 years after the date of enact8 ment of this Act, except that the Attorney General may

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

10 faith efforts to implement such amendments.

11 SEC. 9. SEVERABILITY.

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

13 this Act, or the application of such provision or amend14 ment to any person or circumstance is held to be unconsti15 tutional, the remainder of this Act, the amendments made

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

17 to any person or circumstance shall not be affected there18 by.

Æ