IIB 
109TH CONGRESS 
1ST SESSION H. R. 3132 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 15, 2005 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To make improvements to the national sex offender 
registration program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Children’s Safety Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SEX OFFENDER REGISTRATION AND NOTIFICATION 
ACT 
Sec. 101. Short title. 
Sec. 102. Declaration of purpose. 
Subtitle A—Jacob Wetterling Sex Offender Registration and Notification 
Program 
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender 
definition and expanded inclusion of child predators. 
Sec. 112. Registry requirements for jurisdictions. 
Sec. 113. Registry requirements for sex offenders. 
Sec. 114. Information required in registration. 
Sec. 115. Duration of registration requirement. 
Sec. 116. In person verification. 
Sec. 117. Duty to notify sex offenders of registration requirements and to reg-
ister. 
Sec. 118. Jessica Lunsford Address Verification Program. 
Sec. 119. National Sex Offender Registry. 
Sec. 120. Dru Sjodin National Sex Offender Public Website. 
Sec. 121. Public access to sex offender information through the Internet. 
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notifi-
cation Program. 
Sec. 123. Actions to be taken when sex offender fails to comply. 
Sec. 124. Immunity for good faith conduct. 
Sec. 125. Development and availability of registry management software. 
Sec. 126. Federal duty when State programs not minimally sufficient. 
Sec. 127. Period for implementation by jurisdictions. 
Sec. 128. Failure to comply. 
Sec. 129. Sex Offender Management Assistance (SOMA) Program. 
Sec. 130. Demonstration project for use of electronic monitoring devices. 
Sec. 131. Bonus payments to States that implement electronic monitoring. 
Sec. 132. National Center for Missing and Exploited Children access to Inter-
state Identification Index. 
Sec. 133. Limited immunity for National Center for Missing and Exploited 
Children with respect to CyberTipline. 
Sec. 134. Treatment and management of sex offenders in the Bureau of Pris-
ons. 
Sec. 135. Assistance in identification and location of sex offenders relocated as 
a result of Hurricane Katrina. 
Sec. 136. GAO studies on feasibility of using driver’s license registration proc-
esses as additional registration requirements for sex offenders.
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Subtitle B—Criminal law enforcement of registration requirements 
Sec. 151. Amendments to title 18, United States Code, relating to sex offender 
registration. 
Sec. 152. Investigation by United States Marshals of sex offender violations of 
registration requirements. 
Sec. 153. Sex offender apprehension grants. 
Sec. 154. Use of any controlled substance to facilitate sex offense. 
Sec. 155. Repeal of predecessor sex offender program. 
Sec. 156. Assistance for prosecutions of cases cleared through use of DNA 
backlog clearance funds. 
Sec. 157. Authorization of additional appropriations. 
Sec. 158. Grants to combat sexual abuse of children. 
Sec. 159. Expansion of training and technology efforts. 
Subtitle C—Children’s Safety Office 
Sec. 161. Establishment. 
Sec. 162. Purpose. 
Sec. 163. Director. 
Sec. 164. Annual report. 
Sec. 165. Staff. 
Sec. 166. Authorization of appropriations. 
Sec. 167. Nonmonetary assistance. 
TITLE II—DNA FINGERPRINTING 
Sec. 201. Short title. 
Sec. 202. Expanding use of DNA to identify and prosecute sex offenders. 
Sec. 203. Stopping Violent Predators Against Children. 
Sec. 204. Model code on investigating missing persons and deaths. 
TITLE III—PREVENTION AND DETERRENCE OF CRIMES AGAINST 
CHILDREN ACT OF 2005 
Sec. 301. Short title. 
Sec. 302. Assured punishment for violent crimes against children. 
Sec. 303. Ensuring fair and expeditious Federal collateral review of convictions 
for killing a child. 
Sec. 304. Statistics. 
Sec. 305. Study of interstate tracking of persons convicted of or under inves-
tigation for child abuse. 
Sec. 306. Access to Federal crime information databases by educational agen-
cies for certain purposes. 
TITLE IV—PROTECTION AGAINST SEXUAL EXPLOITATION OF 
CHILDREN ACT OF 2005 
Sec. 401. Short title. 
Sec. 402. Increased penalties for sexual offenses against children. 
Sec. 403. Sense of Congress with respect to prosecutions under section 2422(b) 
of title 18, United States Code. 
TITLE V—FOSTER CHILD PROTECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
Sec. 501. Short title.
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Sec. 502. Requirement to complete background checks before approval of any 
foster or adoptive placement and to check national crime infor-
mation databases and state child abuse registries; suspension 
and subsequent elimination of opt-Out. 
Sec. 503. Access to Federal crime information databases by child welfare agen-
cies for certain purposes. 
Sec. 504. Penalties for coercion and enticement by sex offenders. 
Sec. 505. Penalties for conduct relating to child prostitution. 
Sec. 506. Penalties for sexual abuse. 
Sec. 507. Sex offender submission to search as condition of release. 
Sec. 508. Kidnapping penalties and jurisdiction. 
Sec. 509. Marital communication and adverse spousal privilege. 
Sec. 510. Abuse and neglect of Indian children. 
Sec. 511. Civil commitment. 
Sec. 512. Mandatory penalties for sex-trafficking of children. 
Sec. 513. Sexual abuse of wards. 
TITLE VI—MISCELLANEOUS PROVISION 
Sec. 601. Ban on firearm for person convicted of a misdemeanor sex offense 
against a minor. 
TITLE VII—NATIONAL REGISTER OF CASES OF CHILD ABUSE OR 
NEGLECT 
Sec. 701. National register of cases of child abuse or neglect. 
TITLE VIII—CHILD PORNOGRAPHY PREVENTION ACT OF 2005 
Sec. 801. Short title. 
Sec. 802. Findings. 
Sec. 803. Strengthening section 2257 to ensure that children are not exploited 
in the production of pornography. 
Sec. 804. Prevention of distribution of child pornography used as evidence in 
prosecutions. 
Sec. 805. Authorizing civil and criminal asset forfeiture in child exploitation 
and obscenity cases. 
Sec. 806. Prohibiting the production of obscenity as well as transportation, dis-
tribution, and sale. 
TITLE IX—PERSONAL DATA OF CHILDREN 
Sec. 901. Misappropriation of data. 
TITLE X—LOCAL LAW ENFORCEMENT HATE CRIMES 
PREVENTION 
Sec. 1001. Short title. 
Sec. 1002. Findings. 
Sec. 1003. Definition of hate crime. 
Sec. 1004. Support for criminal investigations and prosecutions by State and 
local law enforcement officials. 
Sec. 1005. Grant program. 
Sec. 1006. Authorization for additional personnel to assist State and local law 
enforcement. 
Sec. 1007. Prohibition of certain hate crime Acts.
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Sec. 1008. Statistics. 
Sec. 1009. Severability. 
TITLE I—SEX OFFENDER REG-
ISTRATION 
AND 
NOTIFICA-
TION ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Sex Offender Reg-
istration and Notification Act’’. 
SEC. 102. DECLARATION OF PURPOSE. 
In response to the vicious attacks by violent sexual 
predators against the victims listed below, Congress in this 
Act establishes a comprehensive national system for the 
registration of sex offenders: 
(1) Jacob Wetterling, who was 11 years old, 
was abducted in 1989 in Minnesota, and remains 
missing. 
(2) Megan Nicole Kanka, who was 7 years old, 
was abducted, sexually assaulted and murdered in 
1994, in New Jersey. 
(3) Pam Lychner, who was 31 years old, was 
attacked by a career offender in Houston, Texas. 
(4) Jetseta Gage, who was 10 years old, was 
kidnapped, sexually assaulted, and murdered in 
2005 in Cedar Rapids, Iowa.
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(5) Dru Sjodin, who was 22 years old, was sex-
ually assaulted and murdered in 2003, in North Da-
kota. 
(6) Jessica Lunsford, who was 9 years, was ab-
ducted, sexually assaulted, buried alive, and mur-
dered in 2005, in Homosassa, Florida. 
(7) Sarah Lunde, who was 13 years old, was 
strangled and murdered in 2005, in Ruskin, Florida. 
(8) Amie Zyla, who was 8 years old, was sexu-
ally assaulted in 1996 by a juvenile offender in 
Waukesha, Wisconsin, and has become an advocate 
for child victims and protection of children from ju-
venile sex offenders. 
(9) Christy Ann Fornoff, who was 13 years old, 
was abducted, sexually assaulted and murdered in 
1984, in Tempe, Arizona. 
(10) Alexandra Nicole Zapp, who was 30 years 
old, was brutally attacked and murdered in a public 
restroom by a repeat sex offender in 2002, in 
Bridgewater, Massachusetts. 
(11) Polly Klaas, who was 12 years old, was ab-
ducted, sexually assaulted and murdered in 1993 by 
a career offender in California.
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Subtitle A—Jacob Wetterling Sex 
Offender Registration and Noti-
fication Program 
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 
EXPANSION OF SEX OFFENDER DEFINITION 
AND EXPANDED INCLUSION OF CHILD PRED-
ATORS. 
In this title the following definitions apply: 
(1) SEX OFFENDER REGISTRY.—The term ‘‘sex 
offender registry’’ means a registry of sex offenders, 
and a notification program, maintained by a juris-
diction. 
(2) 
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) To the extent provided and subject to 
the requirements of section 126, a federally rec-
ognized Indian tribe.
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(3) AMIE ZYLA EXPANSION OF SEX OFFENDER 
DEFINITION.—The term ‘‘sex offender’’ means an 
individual who, either before or after the enactment 
of this Act, was convicted of, or adjudicated a juve-
nile delinquent for, an offense (other than an offense 
involving sexual conduct where the victim was at 
least 13 years old and the offender was not more 
than 4 years older than the victim and the sexual 
conduct was consensual, or an offense consisting of 
consensual sexual conduct with an adult) whether 
Federal, State, local, tribal, foreign (other than an 
offense based on conduct that would not be a crime 
if the conduct took place in the United States), mili-
tary, juvenile or other, that is— 
(A) a specified offense against a minor; 
(B) a serious sex offense; or 
(C) a misdemeanor sex offense against a 
minor. 
(4) EXPANSION OF DEFINITION OF OFFENSE 
TO
INCLUDE
ALL
CHILD
PREDATORS.—The term 
‘‘specified offense against a minor’’ means an of-
fense against a minor that involves any of the fol-
lowing: 
(A) Kidnapping (unless committed by a 
parent).
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(B) False imprisonment (unless committed 
by a parent). 
(C) Solicitation to engage in sexual con-
duct. 
(D) Use in a sexual performance. 
(E) Solicitation to practice prostitution. 
(F) Possession, production, or distribution 
of child pornography. 
(G) Criminal sexual conduct towards a 
minor. 
(H) Any conduct that by its nature is a 
sexual offense against a minor. 
(I) Any other offense designated by the At-
torney General for inclusion in this definition. 
(J) Any attempt or conspiracy to commit 
an offense described in this paragraph. 
(5) SEX
OFFENSE.—The term ‘‘sex offense’’ 
means a criminal offense that has an element involv-
ing a sexual act or sexual contact with another, or 
an attempt or conspiracy to commit such an offense. 
(6) SERIOUS SEX OFFENSE.—The term ‘‘seri-
ous sex offense’’ means— 
(A) a sex offense punishable under the law 
of a jurisdiction by imprisonment for more than 
one year;
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(B) any Federal offense under chapter 
109A, 110, 117, or section 1591 of title 18, 
United States Code; 
(C) an offense in a category specified by 
the 
Secretary 
of 
Defense 
under 
section 
115(a)(8)(C) of title I of Public Law 105–119 
(10 U.S.C. 951 note); 
(D) any other offense designated by the 
Attorney General for inclusion in this definition. 
(7) MISDEMEANOR
SEX
OFFENSE
AGAINST
A 
MINOR.— The term ‘‘misdemeanor sex offense 
against a minor’’ means a sex offense against a 
minor punishable by imprisonment for not more 
than one year. 
(8) STUDENT.—The term ‘‘student’’ means an 
individual who enrolls or attends an educational in-
stitution, including (whether public or private) a sec-
ondary school, trade or professional school, and in-
stitution of higher education. 
(9) EMPLOYEE.—The term ‘‘employee’’ includes 
an individual who is self-employed or works for any 
other entity, whether compensated or not. 
(10) RESIDES.—The term ‘‘resides’’ means, 
with respect to an individual, the location of the in-
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dividual’s home or other place where the individual 
lives. 
(11) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained the age of 18 years. 
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 
Each jurisdiction shall maintain a jurisdiction-wide 
sex offender registry conforming to the requirements of 
this title. The Attorney General shall issue guidelines and 
regulations to interpret and implement this title. 
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 
(a) IN GENERAL.—A sex offender must 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. 
(b) INITIAL REGISTRATION.—The sex offender shall 
initially register— 
(1) before completing a sentence of imprison-
ment with respect to the offense giving rise to the 
registration requirement; or 
(2) not later than 5 days after being sentenced 
for that offense, if the sex offender is not sentenced 
to a term of imprisonment. 
(c) KEEPING THE REGISTRATION CURRENT.—A sex 
offender must inform each jurisdiction involved, not later
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than 5 days after each change of residence, employment, 
or student status. 
(d) RETROACTIVE DUTY TO REGISTER.—The Attor-
ney General shall prescribe a method for the registration 
of sex offenders convicted before the enactment of this Act 
or its effective date in a particular jurisdiction. 
(e) STATE PENALTY FOR FAILURE TO COMPLY.— 
Each jurisdiction, other than a Federally recognized In-
dian tribe shall provide a criminal penalty, that includes 
a maximum term of imprisonment that is greater than one 
year, and a minimum term of imprisonment that is no less 
than 90 days, for the failure of a sex offender to comply 
with the requirements of this title. 
SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 
(a) PROVIDED
BY
THE OFFENDER.—The sex of-
fender must provide the following information to the ap-
propriate official for inclusion in the sex offender registry: 
(1) The name of the sex offender (including any 
alias used by the individual). 
(2) The Social Security number of the sex of-
fender. 
(3) The address and location of the residence at 
which the sex offender resides or will reside. 
(4) The place where the sex offender is em-
ployed or will be employed.