II

104TH CONGRESS

2D SESSION S. 2138

To clarify the standards for State sex offender registration programs under

the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27, 1996

Mr. GREGG introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To clarify the standards for State sex offender registration

programs under the Jacob Wetterling Crimes Against

Children and Sexually Violent Offender Registration Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENT OF STANDARDS FOR STATE SEX

4 OFFENDER REGISTRATION PROGRAMS.

5 Section 170101 of the Violent Crime Control and

6 Law Enforcement Act of 1994 (Public Law 103–322) is

7 amended—
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1 (1) in subsection (a)(1), by striking ‘‘with a

2 designated State law enforcement agency’’ in each of

3 subparagraph (A) and subparagraph (B);

4 (2) in subsection (a)(2), by inserting before the

5 period the following: ‘‘, or pursuant to an assess6 ment for purposes of a sentencing enhancement de7 termination’’;

8 (3) in subsection (a)(3)(C), by inserting before

9 the period the following: ‘‘, or means a person who

10 has been convicted of a sexually violent offense and

11 has received an enhanced sentence based on a deter12 mination that the person is a serious danger to oth13 ers due to a gravely abnormal mental condition’’;

14 (4) in subsection (b)(1)(A)—

15 (A) in clause (ii), by striking ‘‘give’’ and

16 all that follows through ‘‘days’’ and inserting

17 ‘‘report the change of address as provided by

18 State law’’; and

19 (B) in clause (iii), by striking ‘‘shall reg20 ister’’ and all that follows through ‘‘require21 ment’’ and inserting ‘‘shall report the change of

22 address as provided by State law and comply

23 with any registration requirement in the new

24 State of residence’’;
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1 (5) by amending paragraph (2) of subsection

2 (b) to read as follows:

3 ‘‘(2) TRANSFER OF INFORMATION TO STATE

4 AND THE FEDERAL BUREAU OF INVESTIGATION.—

5 The officer, or in the case of a person placed on pro6 bation, the court, shall forward the registration in7 formation to the agency responsible for registration

8 under State law. State procedures shall ensure that

9 the registration information is available to a law en10 forcement agency having jurisdiction where the per11 son expects to reside, that the information is entered

12 into the appropriate State records or data system,

13 and that conviction data and fingerprints for reg14 istered persons are transmitted to the Federal Bu15 reau of Investigation.’’;

16 (6) in subsection (b)(3)(A)—

17 (A) in the matter preceding clause (i), by

18 inserting after ‘‘(a)(1),’’ the following: ‘‘State

19 procedures shall provide for verification of ad20 dress at least annually. Such verification may

21 be effected by providing that’’;

22 (B) in clause (i), by striking ‘‘The des23 ignated State law enforcement’’ and inserting

24 ‘‘A designated’’;
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1 (C) in clause (ii), by striking ‘‘State law

2 enforcement’’;

3 (D) in clause (iii), by striking ‘‘to the des4 ignated State law enforcement agency’’; and

5 (E) in clause (iv), by striking ‘‘State law

6 enforcement’’;

7 (7) in subsection (b)(4), by striking ‘‘section re8 ported’’ and all that follows through ‘‘requirement’’

9 and inserting the following: ‘‘section shall be re10 ported by the person in the manner provided by

11 State law. State procedures shall ensure that the up12 dated address information is available to a law en13 forcement agency having jurisdiction where the per14 son will reside and that the information is entered

15 into the appropriate State records or data system.’’;

16 (8) in subsection (b)(5), by striking ‘‘shall reg17 ister’’ and all that follows through ‘‘requirement’’

18 and inserting ‘‘who moves to another State shall re19 port the change of address to the responsible agency

20 in the State the person is leaving, and shall comply

21 with any registration requirement in the new State

22 of residence. The procedures of the State the person

23 is leaving shall ensure that notice is provided to an

24 agency responsible for registration in the new State,

25 if that State requires registration’’; and
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1 (9) in subsection (d)(3), by striking ‘‘the des2 ignated’’ and all that follows through ‘‘State agen3 cy’’ and inserting ‘‘the State or any agency author4 ized by the State’’.

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