108TH CONGRESS

2D SESSION S. 2154

AN ACT

To establish a National sex offender registration database,

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,
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S 2154 ES

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Dru Sjodin National

3 Sex Offender Public Database Act of 2004’’ or ‘‘Dru’s

4 Law’’.

5 SEC. 2. DEFINITION.

6 In this Act:

7 (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO

8 IS A MINOR.—The term ‘‘criminal offense against a

9 victim who is a minor’’ has the same meaning as in

10 section 170101(a)(3) of the Jacob Wetterling

11 Crimes Against Children and Sexually Violent Of12 fender Registration Act (42 U.S.C. 14071(a)(3)).

13 (2) MINIMALLY SUFFICIENT SEXUAL OF14 FENDER REGISTRATION PROGRAM.—The term

15 ‘‘minimally sufficient sexual offender registration

16 program’’ has the same meaning as in section

17 170102(a) of the Jacob Wetterling Crimes Against

18 Children and Sexually Violent Offender Registration

19 Act (42 U.S.C. 14072(a)).

20 (3) SEXUALLY VIOLENT OFFENSE.—The term

21 ‘‘sexually violent offense’’ has the same meaning as

22 in section 170101(a)(3) of the Jacob Wetterling

23 Crimes Against Children and Sexually Violent Of24 fender Registration Act (42 U.S.C. 14071(a)(3)).

25 (4) SEXUALLY VIOLENT PREDATOR.—The term

26 ‘‘sexually violent predator’’ has the same meaning as
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1 in section 170102(a) of the Jacob Wetterling Crimes

2 Against Children and Sexually Violent Offender

3 Registration Act (42 U.S.C. 14072(a)).

4 SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE

5 PUBLIC.

6 (a) IN GENERAL.—The Attorney General shall—

7 (1) make publicly available in a registry (in this

8 Act referred to as the ‘‘public registry’’) from infor9 mation contained in the the National Sex Offender

10 Registry, via the Internet, all information described

11 in subsection (b); and

12 (2) allow for users of the public registry to de13 termine which registered sex offenders are currently

14 residing within a radius, as specified by the user of

15 the public registry, of the location indicated by the

16 user of the public registry.

17 (b) INFORMATION AVAILABLE IN PUBLIC REG18 ISTRY.—With respect to any person convicted of a crimi19 nal offense against a victim who is a minor or a sexually

20 violent offense, or any sexually violent predator, required

21 to register with a minimally sufficient sexual offender reg22 istration program within a State, including a program es23 tablished under section 170101 of the Jacob Wetterling

24 Crimes Against Children and Sexually Violent Offender

25 Registration Act (42 U.S.C. 14017(b)), the public registry
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S 2154 ES

1 shall provide, to the extent available in the National Sex

2 Offender Registry—

3 (1) the name and any known aliases of the per4 son;

5 (2) the date of birth of the person;

6 (3) the current address of the person and any

7 subsequent changes of that address;

8 (4) a physical description and current photo9 graph of the person;

10 (5) the nature of and date of commission of the

11 offense by the person;

12 (6) the date on which the person is released

13 from prison, or placed on parole, supervised release,

14 or probation; and

15 (7) any other information the Attorney General

16 considers appropriate.

17 SEC. 4. RELEASE OF HIGH RISK INMATES.

18 (a) CIVIL COMMITMENT PROCEEDINGS.—

19 (1) IN GENERAL.—Any State that provides for

20 a civil commitment proceeding, or any equivalent

21 proceeding, shall issue timely notice to the attorney

22 general of that State of the impending release of any

23 person incarcerated by the State who—

24 (A) is a sexually violent predator; or
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S 2154 ES

1 (B) has been deemed by the State to be at

2 high-risk for recommitting any sexually violent

3 offense or criminal offense against a victim who

4 is a minor.

5 (2) REVIEW.—Upon receiving notice under

6 paragraph (1), the State attorney general shall con7 sider whether or not to institute a civil commitment

8 proceeding, or any equivalent proceeding required

9 under State law.

10 (b) MONITORING OF RELEASED PERSONS.—

11 (1) IN GENERAL.—Each State shall intensively

12 monitor, for not less than 1 year, any person de13 scribed under paragraph (2) who—

14 (A) has been unconditionally released from

15 incarceration by the State; and

16 (B) has not been civilly committed pursu17 ant to a civil commitment proceeding, or any

18 equivalent proceeding under State law.

19 (2) APPLICABILITY.—Paragraph (1) shall apply

20 to—

21 (A) any sexually violent predator; or

22 (B) any person who has been deemed by

23 the State to be at high-risk for recommitting

24 any sexually violent offense or criminal offense

25 against a victim who is a minor.
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1 (c) COMPLIANCE.—

2 (1) COMPLIANCE DATE.—Each State shall have

3 not more than 3 years from the date of enactment

4 of this Act in which to implement the requirements

5 of this section.

6 (2) INELIGIBILITY FOR FUNDS.—A State that

7 fails to implement the requirements of this section,

8 shall not receive 25 percent of the funds that would

9 otherwise be allocated to the State under section

10 20106(b) of the Violent Crime Control and Law En11 forcement Act of 1994 (42 U.S.C. 13706(b)).

12 (3) REALLOCATION OF FUNDS.—Any funds

13 that are not allocated for failure to comply with this

14 section shall be reallocated to States that comply

15 with this section.

Passed the Senate November 19, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2154

AN ACT

To establish a National sex offender registration

database, and for other purposes.