109TH CONGRESS

1ST SESSION S. 792

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,

3 SECTION 1. SHORT TITLE.

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

5 Sex Offender Public Database Act of 2005’’ or ‘‘Dru’s

6 Law’’.
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1 SEC. 2. DEFINITION.

2 In this Act:

3 (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO

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

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

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

7 Crimes Against Children and Sexually Violent Of8 fender Registration Act (42 U.S.C. 14071(a)(3)).

9 (2) MINIMALLY SUFFICIENT SEXUAL OF10 FENDER REGISTRATION PROGRAM.—The term

11 ‘‘minimally sufficient sexual offender registration

12 program’’ has the same meaning as in section

13 170102(a) of the Jacob Wetterling Crimes Against

14 Children and Sexually Violent Offender Registration

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

16 (3) SEXUALLY VIOLENT OFFENSE.—The term

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

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

19 Crimes Against Children and Sexually Violent Of20 fender Registration Act (42 U.S.C. 14071(a)(3)).

21 (4) SEXUALLY VIOLENT PREDATOR.—The term

22 ‘‘sexually violent predator’’ has the same meaning as

23 in section 170102(a) of the Jacob Wetterling Crimes

24 Against Children and Sexually Violent Offender

25 Registration Act (42 U.S.C. 14072(a)).
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1 SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE

2 PUBLIC.

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

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

5 Act referred to as the ‘‘public registry’’) from infor6 mation contained in the National Sex Offender Reg7 istry or State sex offender web sites, via the Inter8 net, all information described in subsection (b); and

9 (2) allow for users of the public registry to de10 termine which registered sex offenders are currently

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

12 the public registry, of the location indicated by the

13 user of the public registry.

14 (b) INFORMATION AVAILABLE IN PUBLIC REG15 ISTRY.—With respect to any person convicted of a crimi16 nal offense against a victim who is a minor or a sexually

17 violent offense, or any sexually violent predator, required

18 to register with a minimally sufficient sexual offender reg19 istration program within a State, including a program es20 tablished under section 170101 of the Jacob Wetterling

21 Crimes Against Children and Sexually Violent Offender

22 Registration Act (42 U.S.C. 14071(b)), the public registry

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

24 Offender Registry—

25 (1) the name and any known aliases of the per26 son;
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1 (2) the date of birth of the person;

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

3 subsequent changes of that address;

4 (4) a physical description and current photo5 graph of the person;

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

7 offense by the person;

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

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

10 or probation; and

11 (7) any other information the Attorney General

12 considers appropriate.

13 SEC. 4. RELEASE OF HIGH RISK INMATES.

14 (a) CIVIL COMMITMENT PROCEEDINGS.—

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

16 a civil commitment proceeding, or any equivalent

17 proceeding, shall issue timely notice to the attorney

18 general of that State of the impending release of any

19 person incarcerated by the State who—

20 (A) is a sexually violent predator; or

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

22 high-risk for recommitting any sexually violent

23 offense or criminal offense against a victim who

24 is a minor.
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1 (2) REVIEW.—Upon receiving notice under

2 paragraph (1), the State attorney general shall con3 sider whether or not to institute a civil commitment

4 proceeding, or any equivalent proceeding required

5 under State law.

6 (b) MONITORING OF RELEASED PERSONS.—

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

8 monitor, for not less than 1 year, any person de9 scribed under paragraph (2) who—

10 (A) has been unconditionally released from

11 incarceration by the State; and

12 (B) has not been civilly committed pursu13 ant to a civil commitment proceeding, or any

14 equivalent proceeding under State law.

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

16 to—

17 (A) any sexually violent predator; or

18 (B) any person who has been deemed by

19 the State to be at high-risk for recommitting

20 any sexually violent offense or criminal offense

21 against a victim who is a minor.

22 (c) COMPLIANCE.—

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

24 not more than 3 years from the date of enactment
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1 of this Act in which to implement the requirements

2 of this section.

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

4 fails to implement the requirements of this section,

5 shall not receive 25 percent of the funds that would

6 otherwise be allocated to the State under section

7 20106(b) of the Violent Crime Control and Law En8 forcement Act of 1994 (42 U.S.C. 13706(b)).

9 (3) REALLOCATION OF FUNDS.—Any funds

10 that are not allocated for failure to comply with this

11 section shall be reallocated to States that comply

12 with this section.

Passed the Senate July 28, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 792

AN ACT

To establish a National sex offender registration

database, and for other purposes.