I
103D CONGRESS
2D SESSION
H. R. 4902
To provide protection against sexually violent predators.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1994
Ms. DUNN (for herself, Mr. DEAL, Mr. ZIMMER, Mrs. FOWLER, Mr.
CUNNINGHAM, Mr. SAXTON, Mr. SMITH of New Jersey, Mr. MANTON,
Mr. MANZULLO, Mr. LINDER, Ms. MOLINARI, Mr. HUFFINGTON, Mr.
HYDE, and Mr. MCCOLLUM) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To provide protection against sexually violent predators.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Sexually Violent Pred-
ators Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) there exists a small but extremely dan-
gerous group of sexually violent persons who do not
have a mental disease or defect;
(2) persons who are sexually violent predators
generally have antisocial personality features that—
(A) are not amenable to mental illness
treatment modalities in existence on the date of
enactment of this Act; and
(B) render the persons likely to engage in
sexually violent behavior;
(3) the likelihood that sexually violent predators
will repeat acts of predatory sexual violence is high;
and
(4) the prognosis for curing sexually violent
predators is poor and the treatment needs of the
population of the predators are very long-term.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) MENTAL ABNORMALITY.—The term ‘‘men-
tal abnormality’’ means a congenital or acquired
condition of a person that affects the emotional or
volitional capacity of the person in a manner that
predisposes the person to the commission of criminal
sexual acts to a degree that makes the person a
menace to the health and safety of other persons.
(2) PREDATORY.—The term ‘‘predatory’’, with
respect to an act, means an act directed towards a
stranger, or a person with whom a relationship has
been established or promoted, for the primary pur-
pose of victimization.
(3) SEXUALLY VIOLENT OFFENSE.—The term
‘‘sexually violent offense’’ means an act that is a vio-
lation of title 18, United States Code or State crimi-
nal code that—
(A) involves the use or attempted or
threatened use of physical force against the per-
son or property of another person; and
(B) is determined beyond a reasonable
doubt to be sexually motivated.
(4) SEXUALLY VIOLENT PREDATOR.—The term
‘‘sexually violent predator’’ means a person who has
been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality
disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE
GUIDELINES.—In accordance with
this section, the Attorney General shall establish
guidelines for State programs to require a sexually
violent predator to register a current address with a
designated State law enforcement agency upon re-
lease from prison, being placed on parole, or being
placed on supervised release. The Attorney General
shall approve each State program that complies with
the guidelines.
(2) STATE COMPLIANCE.—
(A) IMPLEMENTATION
DATE.—A State
that does not implement a program described in
paragraph (1) by the date that is 3 years after
the date of enactment of this Act, and maintain
the implementation thereafter, shall be ineli-
gible for funds in accordance with subpara-
graph (B).
(B) INELIGIBILITY FOR FUNDS.—
(i) IN GENERAL.—A State that does
not implement the program as described in
subparagraph (A) shall not receive 10 per-
cent of the funds that would otherwise be
allocated to the State under section 506 of
the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756).
(ii) 
REALLOCATION
OF
FUNDS.—
Funds made available under clause (i)
shall be reallocated, in accordance with
such section, to such States as implement
the program as described in subparagraph
(A).
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—
(1) IN GENERAL.—An approved State program
established in accordance with this section shall con-
tain the requirements described in this section.
(2) DETERMINATION.—The determination that
a person is a ‘‘sexually violent predator’’ and the de-
termination that a person is no longer a ‘‘sexually
violent predator’’ shall be made by the sentencing
court after receiving a report by a board of experts
on sexual offenses. Each State shall establish a
board composed of experts in the field of the behav-
ior and treatment of sexual offenders.
(3) NOTIFICATION.—If a person who is re-
quired to register under this section is anticipated to
be released from prison, paroled, or placed on super-
vised release, a State prison officer shall, not later
than 90 days before the anticipated date of the re-
lease or commencement of the parole—
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing not later than 10
days after the change of address;
(C) obtain the name of the person, identi-
fying factors, anticipated future residence, of-
fense history, and documentation of any treat-
ment received for the mental abnormality or
personality disorder of the person; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(4) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—Not later than 3 days after the receipt
of the information described in paragraph (3)(C),
the officer shall forward the information to a des-
ignated State law enforcement agency. As soon as
practicable after the receipt of the information by
the State law enforcement agency, the agency
shall—
(A) enter the information into the appro-
priate State law enforcement record system and
notify the appropriate law enforcement agency
that has jurisdiction over the area in which the
person expects to reside; and
(B) transmit the information to the Identi-
fication Division of the Federal Bureau of In-
vestigation.
(5) QUARTERLY VERIFICATION.—
(A) MAILING TO PERSON.—Not less than
every 90 days after the date of the release or
commencement of parole of a person required to
register under this section, the designated State
law 
enforcement 
agency 
shall 
mail 
a
nonforwardable verification form to the last re-
ported address of the person.
(B) RETURN OF VERIFICATION FORM.—
(i) IN
GENERAL.—The person shall
return, by mail, the verification form to
the agency not later than 10 days after the
receipt of the form. The verification form
shall be signed by the person, and shall
state that the person continues to reside at
the address last reported to the designated
State law enforcement agency.
(ii) FAILURE TO RETURN.—If the per-
son fails to mail the verification form to
the designated State law enforcement
agency by the date that is 10 days after
the receipt of the form by the person, the
person shall be in violation of this section
unless the person proves that the person
has not changed the residence address of
the person.
(6) NOTIFICATION OF LOCAL LAW ENFORCE-
MENT AGENCIES OF CHANGES IN ADDRESSES.—Any
change of address by a person required to register
under this section that is reported to the designated
State law enforcement agency shall as soon as prac-
ticable be reported to the appropriate law enforce-
ment agency that has jurisdiction over the area in
which the person is residing.
(7) PENALTY.—A person required to register
under a State program established pursuant to this
section who knowingly fails to register and keep the
registration current shall be subject to criminal pen-
alties in the State. It is the sense of Congress that
the penalties should include imprisonment for not
less than 180 days.
(8) TERMINATION
OF
OBLIGATION
TO
REG-
ISTER.—The obligation of a person to register under
this section shall terminate on a determination made
in accordance with the provision of paragraph (2) of
this section that the person no longer suffers from
a mental abnormality or personality disorder that
would make the person likely to engage in a preda-
tory sexually violent offense.
(c) COMMUNITY
NOTIFICATION.—The designated
State law enforcement agency shall release relevant infor-
mation that is necessary to protect the public concerning
a specific sexually violent predator required to register
under this section.
(d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law
enforcement agencies, employees of law enforcement agen-
cies, and State officials shall be immune from liability for
any good faith conduct under this section.
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