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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5657 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5657

  To establish the registration of violent gun offenders, provide for 
 sufficient notification of their whereabouts, to honor the memory of 
   Gladys Ricart and other gun crime victims, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2018

Mr. Espaillat introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To establish the registration of violent gun offenders, provide for 
 sufficient notification of their whereabouts, to honor the memory of 
   Gladys Ricart and other gun crime victims, 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 ``Gladys Ricart Gun Offender Registry 
Act''.

SEC. 2. FINDINGS; PURPOSE.

    Congress makes the following findings:
            (1) Abused women are 5 times more likely to be killed if 
        their abuser owns a firearm.
            (2) Since New York City's and Baltimore's gun offender 
        registries were put in place in 2006 and 2007 respectively, 
        both cities have seen reductions in murders and violent crimes.
            (3) Domestic violence assaults involving a gun are 12 times 
        more likely to end in death than assaults with other weapons or 
        physical harm.
            (4) More than two-thirds of spouse and ex-spouse homicide 
        victims between 1980 and 2008 were killed with firearms.
            (5) In 2011, nearly two-thirds of women killed with guns 
        were killed by their intimate partners.
            (6) In nearly two thirds (64.5 percent) of cases in which a 
        gun was present in a household shared by a domestic abuser and 
        victim, the abuser had used the firearm against the victim, 
        usually threatening to shoot or kill their intimate partner.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Gun offender.--The term ``gun offender'' means an 
        individual who was convicted of a gun offense.
            (2) Gun offense.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term ``gun offense'' means a criminal offense 
                under subparagraph (B), whether under Federal, State, 
                local, Tribal, or military law, that involved a firearm 
                (as such term is defined in section 921 of title 18, 
                United States Code).
                    (B) Offenses.--A criminal offense under this 
                subparagraph is any one of the following:
                            (i) Homicide
                            (ii) Manslaughter.
                            (iii) Assault.
                            (iv) A misdemeanor crime of domestic 
                        violence (as such term is defined in section 
                        921 of title 18, United States Code).
                            (v) Child abuse.
                            (vi) Kidnapping.
                            (vii) Theft.
                            (viii) Robbery.
                            (ix) Burglary.
                            (x) Terrorism or a terrorism-related 
                        offense.
                            (xi) Rape.
                            (xii) Sexual assault.
                    (C) Exception.--The term ``gun offense'' does not 
                include--
                            (i) an offense under subparagraph (B), 
                        during the commission of which the offender 
                        possessed, but did not use or threaten to use a 
                        firearm;
                            (ii) an attempt or a conspiracy to commit 
                        an offense under subparagraph (B) with a 
                        firearm; or
                            (iii) a foreign conviction.
            (3) Gun offender registry.--The term ``gun offender 
        registry'' means a registry of gun offenders and a notification 
        program, maintained by a jurisdiction.
            (4) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) In accordance with section 21, a federally 
                recognized Indian Tribe.
            (5) Student.--The term ``student'' means an individual who 
        is enrolled in or attends an educational institution, including 
        (whether public or private) a secondary school, a trade or 
        professional school, and an institution of higher education.
            (6) Employee.--The term ``employee'' includes an individual 
        who is self-employed or works for any other entity, whether 
        compensated or not.
            (7) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual habitually lives.
            (8) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.

SEC. 4. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

    (a) Jurisdiction To Maintain a Registry.--Each jurisdiction shall 
maintain a jurisdiction-wide gun offender registry in accordance with 
the requirements of this Act.
    (b) Guidelines and Regulations.--The Attorney General shall issue 
guidelines and regulations to interpret and implement this Act.

SEC. 5. GUN OFFENDER REGISTRATION REQUIREMENTS.

    (a) In General.--A gun offender shall register, and keep the 
registration current, in each jurisdiction where the offender resides, 
where the offender is an employee, and where the offender is a student. 
For initial registration purposes only, a gun offender shall also 
register in the jurisdiction in which convicted if such jurisdiction is 
different from the jurisdiction of residence.
    (b) Initial Registration.--The gun offender shall initially 
register--
            (1) before completing a sentence of imprisonment with 
        respect to the offense giving rise to the registration 
        requirement; or
            (2) not later than 5 business days after being sentenced 
        for that offense, if the gun offender is not sentenced to a 
        term of imprisonment.
    (c) Keeping the Registration Current.--A gun offender shall, within 
5 business days after each change of name, residence, employment, or 
student status, appear in person in at least 1 jurisdiction involved 
pursuant to subsection (a) and inform that jurisdiction of all 
modifications in the information required for that offender in the gun 
offender registry. That jurisdiction shall immediately disclose that 
information to all other jurisdictions in which the offender is 
required to register.
    (d) Gun Offenders Not Required To Comply With Subsection.--The 
requirements of this section shall not apply to any gun offender who 
was convicted prior to the date of the enactment of this Act, or to any 
gun offender who is a minor on the date that the individual is 
convicted of a gun offense.
    (e) State Penalty for Failure To Comply.--Each jurisdiction, other 
than a federally recognized Indian Tribe, shall provide a criminal 
penalty that includes a maximum term of imprisonment that is not longer 
than 6 months for the failure of a gun offender to comply with the 
requirements of this Act.

SEC. 6. INFORMATION REQUIRED IN REGISTRATION.

    (a) Provided by the Offender.--The gun offender shall provide the 
following information to the appropriate official for insertion in the 
gun offender registry:
            (1) The name of the gun offender (including any alias used 
        by the individual).
            (2) The Social Security number of the gun offender.
            (3) The address of every residence at which the gun 
        offender resides or will reside.
            (4) The name and address of any organization where the gun 
        offender is an employee or will be an employee.
            (5) The name and address of any institution where the gun 
        offender is a student or will be a student.
            (6) The license plate number and a description of any 
        vehicle owned or used by the gun offender.
            (7) Any other information required by the Attorney General.
    (b) Provided by the Jurisdiction.--The jurisdiction in which the 
gun offender initially registers or updates registry information shall 
ensure that the following information is included in the registry for 
that gun offender:
            (1) A description that accurately depicts the gun 
        offender's current physical state.
            (2) The text of the provision of law defining the criminal 
        offense for which the gun offender is registered.
            (3) The criminal history of the gun offender, including the 
        date of all arrests and convictions, the status of parole, 
        probation, or supervised release, registration status, and the 
        existence of any outstanding arrest warrants for the gun 
        offender.
            (4) A current photograph of the gun offender.
            (5) A set of fingerprints and palm prints of the gun 
        offender.
            (6) A DNA sample of the gun offender.
            (7) A photocopy of a valid driver's license or 
        identification card issued to the gun offender by a 
        jurisdiction.
            (8) Any other information required by the Attorney General.

SEC. 7. DURATION OF REGISTRATION REQUIREMENT.

    A gun offender shall keep the registration updated and current for 
the full registration period (excluding any time the gun offender is in 
custody or civilly committed). The full registration period is--
            (1) 3 years; or
            (2) if the offender's supervised release, probation or 
        parole is longer than 3 years, the offender will remain on the 
        registry through duration of their supervision status.

SEC. 8. INVETERATE IN-PERSON VERIFICATION.

    A gun offender shall appear in person at an appropriate 
registration site within a jurisdiction the offender is registered to 
allow the jurisdiction to take a current photograph, and verify the 
information in each registry in which that offender is required to be 
registered not less frequently than one time each year.

SEC. 9. DUTY TO INFORM GUN OFFENDERS OF REGISTRATION REQUIREMENTS AND 
              TO REGISTER.

    (a) In General.--An appropriate official shall, soon before release 
of the gun offender from custody, or, if the gun offender is not in 
custody, immediately after the sentencing of gun offender, for the 
offense giving rise to the duty to register--
            (1) inform the gun offender of the duties of a gun offender 
        under this Act and explain those duties; and
            (2) require the gun offender to read and sign a form 
        stating that the duty to register has been explained and that 
        the gun offender understands the registration requirement.
    (b) Notification of Certain Gun Offenders.--The Attorney General 
shall prescribe rules for the notification of offenders who cannot be 
registered in accordance with subsection (a).

SEC. 10. NATIONAL GUN OFFENDER REGISTRY.

    (a) In General.--The Attorney General shall maintain a database for 
each gun offender and any other person required to register in a 
jurisdiction's gun offender registry. The database shall be known as 
the ``Gun Offender Registry''.
    (b) Administration.--The Attorney General may--
            (1) establish a new office to administer the program 
        required by this Act; or
            (2) reassign current Department of Justice employees to 
        permanently administer the requirements within this Act under 
        the purview of an already existing division at the Department 
        of Justice.
    (c) Electronic Forwarding.--The Attorney General shall ensure that 
all updated findings about a gun offender are immediately transmitted 
by electronic forwarding to all relevant jurisdictions.

SEC. 11. GUN OFFENDER PUBLIC WEBSITE.

    (a) In General.--Except as provided in subsection (b), the Attorney 
General shall establish and maintain a public website which shall 
include pertinent information, as determined by the Attorney General, 
for each gun offender required to register under this Act. The website 
shall provide a search function for the public to obtain information 
for each gun offender by a single query for any given zip code or 
geographical radius set by the user in a form and with such limitations 
as may be established by the Attorney General and shall have such other 
field search capabilities as the Attorney General may provide.
    (b) Mandatory Exemptions.--The Attorney General shall exempt from 
disclosure--
            (1) the identity of any victim of a gun offense;
            (2) the Social Security number of the gun offender;
            (3) any reference to arrests of the gun offender that did 
        not result in conviction;
            (4) any information about a gun offender's prior criminal 
        history other than a specified violent crime that prompted the 
        offender's duty to register in accordance with this Act;
            (5) the name of an employer of the gun offender;
            (6) the name of an educational institution where the gun 
        offender is a student; and
            (7) any other information exempted from disclosure by the 
        Attorney General.
    (c) Removal of Information.--The Attorney General shall ensure that 
at the conclusion of the period described in section 7 during which a 
gun offender is required to register, no information related to the gun 
offender, including the gun offender's identity, is accessible on the 
website established under this section.

SEC. 12. PUBLIC ACCESS TO GUN OFFENDER INFORMATION THROUGH THE 
              INTERNET.

    (a) In General.--Except as provided in this section, each 
jurisdiction shall make available on the internet, in a form that is 
readily accessible to all jurisdictions and to the public, all 
information about each gun offender in the registry. The jurisdiction 
shall maintain the internet site in a manner that will provide a search 
function for the public to obtain relevant information for each gun 
offender by a single query for any given zip code or geographic radius 
set by the user. The jurisdiction shall also include in the design of 
its internet site all field search capabilities needed for full 
participation in the website described in section 11, and shall 
participate in that website as provided by the Attorney General.
    (b) Mandatory Exemptions.--A jurisdiction shall exempt from 
disclosure--
            (1) the identity of any victim of a gun offense;
            (2) the Social Security number of the gun offender;
            (3) any reference to arrests of the gun offender that did 
        not result in conviction;
            (4) any information about a gun offender's prior criminal 
        history other than a specified violent crime that prompted the 
        offender's duty to register in accordance with this Act;
            (5) the name of an employer of the gun offender;
            (6) the name of an educational institution where the gun 
        offender is a student; and
            (7) any other information exempted from disclosure by the 
        Attorney General.
    (c) Links.--The site shall include, to the extent practicable, 
links to gun safety and education resources.
    (d) Correction of Errors.--The site shall include instructions on 
how to seek correction of information that an individual contends is 
erroneous.
    (e) Warning.--The site shall include a warning that information on 
the site should not be used to unlawfully injure, harass, or commit a 
crime against any individual named in the registry or residing or 
working at any reported address. The warning shall note that any such 
action could result in civil or criminal penalties.

SEC. 13. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

    (a) Deadline.--Each jurisdiction shall implement this Act before 
the date that is 3 years after the date of the enactment of this Act.
    (b) Extensions.--The Attorney General may authorize up to two 1-
year extensions of the deadline under subsection (a).

SEC. 14. FAILURE OF JURISDICTION TO COMPLY.

    (a) In General.--For any fiscal year which begins after the 
deadline under section 15, a jurisdiction that fails, as determined by 
the Attorney General, to substantially implement this Act shall not 
receive 10 percent of the funds under the Edward Byrne Memorial Justice 
Assistance Grant Program under subpart I of part E of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) that 
would otherwise be allocated for that fiscal year to the jurisdiction.
    (b) State Constitutionality.--
            (1) In general.--When evaluating whether a jurisdiction has 
        adequately implemented this Act, the Attorney General shall 
        examine whether the jurisdiction is incapable of implementing 
        this Act because of a displayed inability to implement certain 
        provisions that would place the jurisdiction in violation of 
        its constitution, as determined by a ruling of the 
        jurisdiction's highest court.
            (2) Efforts.--If the circumstances under paragraph (1) 
        appear, the Attorney General and the jurisdiction shall 
        demonstrate faithful efforts to fulfill considerable 
        implementation of this Act and to reconcile any 
        incompatibilities between this Act and the jurisdiction's 
        constitution. In considering whether acceptance of the 
        requirements of this Act may violate the jurisdiction's 
        constitution or an exposition by the jurisdiction's highest 
        court, the Attorney General shall consult with the chief 
        executive and chief legal officer of the jurisdiction 
        concerning the jurisdiction's exposition of the jurisdiction's 
        constitution.
            (3) Alternative procedures.--If the jurisdiction is unable 
        to substantially implement this Act because of a limitation 
        imposed by the jurisdiction's constitution, the Attorney 
        General may determine that the jurisdiction is in compliance 
        with this Act if the jurisdiction has made, or is in the 
        process of implementing reasonable alternative procedures or 
        accommodations, which are consistent with the purposes of this 
        Act.
            (4) Funding reduction.--If a jurisdiction does not comply 
        with paragraph (3), then the jurisdiction shall be subject to a 
        funding reduction as specified in subsection (a).
    (c) Reallocation.--Amounts not allocated under a program referred 
to in this section to a jurisdiction for failure to substantially 
implement this Act shall be reallocated under that program to 
jurisdictions that have not failed to substantially implement this Act 
or may be reallocated to a jurisdiction from which they were withheld 
to be used solely for the purpose of implementing this Act. Under these 
circumstances, the process for selecting jurisdiction that will receive 
re-allocated funding will be at the discretion of the Attorney General.
    (d) Rule of Construction.--The provisions of this Act that are cast 
as directions to jurisdictions or their officials constitute, in 
relation to States, only conditions required to avoid the reduction of 
Federal funding under this section.

SEC. 15. GUN OFFENDER REGISTRY ACT; FAILURE TO REGISTER.

    (a) In General.--Whoever--
            (1) is required to register under this Act;
            (2)(A) is a gun offender by reason of a conviction under 
        Federal law (including the Uniform Code of Military Justice), 
        the law of the District of Columbia, Indian Tribal law, or the 
        law of any territory or possession of the United States; or
            (B) travels in interstate or foreign commerce, or enters or 
        leaves, or resides in, Indian country; and
            (3) knowingly fails to register or update a registration as 
        required under this Act,
shall be fined under title 18, United States Code, or imprisoned not 
more than 6 months, or both.
    (b) Affirmative Defense.--In a prosecution for a violation under 
subsection (a), it is an affirmative defense that--
            (1) uncontrollable conditions prevented the individual from 
        adhering to this Act;
            (2) the individual did not cause the creation of such 
        circumstances to disregard the requirement to comply; and
            (3) the individual complied as soon as such circumstances 
        ceased to exist.

SEC. 16. ACTIONS TO BE TAKEN WHEN GUN OFFENDER FAILS TO COMPLY.

    An appropriate official shall inform the Attorney General and other 
accountable law enforcement agencies of any noncompliance by a gun 
offender to comply with the requirements of a registry. The appropriate 
official, the Attorney General, and each such law enforcement agency 
shall take any appropriate action to ensure compliance.

SEC. 17. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION 
              REQUIREMENTS.

    The Attorney General shall use the resources of Federal law 
enforcement, including the United States Marshals Service, to assist 
jurisdictions in locating and apprehending gun offenders who violate 
gun offender registration requirements.

SEC. 18. FEDERAL ASSISTANCE IN IDENTIFICATION AND LOCATION OF GUN 
              OFFENDERS RELOCATED AS A RESULT OF A MAJOR DISASTER.

    The Attorney General shall provide assistance to jurisdictions in 
the identification and location of a gun offender relocated as a result 
of a natural disaster or other major disaster.

SEC. 19. ELECTION BY INDIAN TRIBES.

    (a) Election.--
            (1) In general.--A federally recognized Indian Tribe may, 
        by resolution from their local governmental body--
                    (A) opt to carry out this Act as a jurisdiction 
                subject to its provisions; or
                    (B) elect to delegate its functions under this Act 
                to another jurisdiction or jurisdictions within which 
                the territory of the Tribe is located and to provide 
                access to its territory and such other cooperation and 
                assistance as may be needed to enable such other 
                jurisdiction or jurisdictions to carry out and enforce 
                the requirements of this Act.
            (2) Imputed election in certain cases.--A Tribe shall be 
        treated as if it had made the election described in paragraph 
        (1)(B) if--
                    (A) it is a Tribe subject to the law enforcement 
                jurisdiction of a State under section 1162 of title 18, 
                United States Code;
                    (B) the Tribe does not make an election under 
                paragraph (1) within 1 year of the date of the 
                enactment of this Act or rescinds an election under 
                paragraph (1)(A); or
                    (C) the Attorney General determines that the Tribe 
                has not substantially implemented the requirements of 
                this Act and is not likely to become capable of doing 
                so within a reasonable amount of time.
    (b) Cooperation Between Tribal Authorities and Other 
Jurisdictions.--
            (1) Nonduplication.--A Tribe subject to this Act is not 
        required to duplicate functions under this Act which are fully 
        carried out by another jurisdiction or jurisdictions within 
        which the territory of the Tribe is located.
            (2) Cooperative agreements.--A Tribe and another 
        jurisdiction within close proximity to the Tribe, may enter 
        into a cooperative agreement to carry out the functions in this 
        Act.

SEC. 20. REGISTRATION OF GUN OFFENDERS ENTERING THE UNITED STATES.

    The Attorney General, in consultation with the Secretary of State 
and the Secretary of Homeland Security, shall establish and maintain a 
system for informing the relevant jurisdictions about persons entering 
the United States who are required to register under this Act. The 
Secretary of State and the Secretary of Homeland Security shall provide 
such information and carry out such functions as the Attorney General 
may direct in the operation of the system.

SEC. 21. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS.

    Not later than July 1 of each year, the Attorney General shall 
submit a report to Congress, which shall include--
            (1) a description of the use, by the Department of Justice, 
        of the United States Marshals Service to assist jurisdictions 
        in locating and apprehending gun offenders who fail to comply 
        with gun offender registration requirements, as authorized by 
        this Act;
            (2) a detailed explanation of each jurisdiction's 
        compliance with this Act;
            (3) a detailed description of the efforts of the Department 
        of Justice to ensure compliance with the requirements under 
        this Act, including information related to any jurisdiction 
        that was subject to a funding reduction under section 16, and 
        the basis for any decision to reduce funding or not to reduce 
        funding under such section; and
            (4) disclosure of any extensions of any applicable deadline 
        to comply with this Act, and the reasons for the denial or 
        grant of such an extension.

SEC. 22. IMMUNITY FOR GOOD FAITH CONDUCT.

    The Federal Government, jurisdictions, political subdivisions of 
jurisdictions, and their agencies, officers, employees, and agents 
shall be immune from liability for good faith conduct under this Act.

SEC. 23. STUDY OF THE EFFECTIVENESS OF FIREARM OFFENDER REGISTRY TO 
              REDUCE THE OCCURRENCE OF REPEAT OFFENSES.

    (a) Study.--The Attorney General shall conduct a study to evaluate 
the effectiveness of monitoring and disclosing the history of gun 
offenders to reduce the occurrence of repeat offenses by such gun 
offenders, through conditions imposed as part of supervised release or 
probation conditions. The study shall evaluate--
            (1) the effectiveness of methods used for recording, 
        monitoring and disclosing the location and criminal history of 
        gun offenders;
            (2) the ability of law enforcement agencies and courts to 
        employ data in prosecutorial and law enforcement efforts; and
            (3) the efficacy of any other restrictions that may reduce 
        the occurrence of repeat offenses by gun offenders.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall report to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the results of the study under this section.

SEC. 24. GRANT PROGRAM.

    The Attorney General shall establish a grant program, with such 
criteria as the Attorney General may determine, to provide funds to 
jurisdictions seeking to comply with this Act.
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