I
103D CONGRESS
1ST SESSION
H. R. 3256
To provide for the registration of persons convicted of sex offenses against
children.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 1993
Mr. PETE GEREN of Texas introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To provide for the registration of persons convicted of sex
offenses against children.
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 ‘‘Child Protection Act
of 1993’’.
SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS
WHOSE VICTIMS ARE CHILDREN.
(a) STATES TO REGISTER PERSONS CONVICTED OF
SEX OFFENSES AGAINST CHILDREN.—
(1) IN GENERAL.—Each State shall establish
and maintain a registration program under this sec-
tion requiring persons convicted of a sex offense
against a victim who is a child to register a current
address and other information that the Attorney
General deems relevant, with a designated State law
enforcement agency for 20 years after being released
from prison or otherwise being freed from detention
after the conviction becomes final. Each State shall
permit members of the public to inquire whether any
registered offenders live in their vicinity and whether
a named individual is so registered.
(2) ATTORNEY GENERAL TO ESTABLISH GUIDE-
LINES.—The Attorney General shall establish guide-
lines for State registration programs under this sec-
tion.
(3) MANDATORY ELEMENTS OF GUIDELINES.—
Such guidelines shall include provision for—
(A) a requirement that the State obtain
the fingerprints, physical description, and cur-
rent photographs of each registered person;
(B) annual updating of the information
contained in the registry by each registered per-
son;
(C) criminal penalties for failing to comply
with the registration requirements; and
(D) a toll-free phone number through
which residents of the State may make the in-
quiries described in paragraph (1).
(b) STATES TO REPORT.—
(1) IN GENERAL.—Each State shall report to
the Attorney General, in such form and manner as
the Attorney General shall prescribe—
(A) information about each conviction for
a sex offense against a victim who is a child;
and
(B) the information on the registry that
State is required to establish and maintain
under subsection (a).
(2) ANNUAL SUMMARY OF CONVICTIONS.—The
Attorney General shall publish an annual summary
of convictions for sex offenses involving children,
based on information reported under this section.
(c) SANCTION FOR NONCOMPLIANCE BY STATE.—If
a State fails to comply with an obligation under subsection
(a) or (b) during the period that begins 3 years after the
date of the enactment of this Act, the allocation of funds
under section 506 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be
reduced by 25 percent, and the unallocated funds shall
be reallocated to the States complying with those obliga-
tions.
(d) BACKGROUND CHECKS.—
(1) IN GENERAL.—A State shall permit quali-
fied entities to obtain from an authorized agency of
the State a nationwide background check for the
purpose of determining whether there is a report
that a provider has been convicted of a background
check crime.
(2) ATTORNEY GENERAL TO PROVIDE INFORMA-
TION.—The Attorney General, in accordance with
such rules and subject to such conditions as the At-
torney General shall prescribe, shall provide to au-
thorized agencies of States information possessed by
the Department of Justice that would enable the
agency to make the background check described in
paragraph (1). In making such rules and setting
such conditions, the Attorney General shall take care
to assure—
(A) the currency and accuracy of the infor-
mation; and
(B) that the States maintain procedures to
permit providers to check and correct informa-
tion relating to such providers.
(e) DEFINITIONS.—As used in this Act—
(1) the term ‘‘child’’ means a person who has
not attained the age of 18 years;
(2) the term ‘‘sex offense’’ means a criminal of-
fense which includes as a element conduct that is a
sexual act or sexual conduct as defined in section
2245 of title 18, United States Code;
(3) the term ‘‘State’’ includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States;
(4) the term ‘‘authorized agency of the State’’
means the agency of the State the State designates
to carry out the background checks described in sub-
section (d);
(5) the term ‘‘qualified entity’’ means a busi-
ness or organization of any sort that provides child
education or child care or child education or child
care placement services, including a business or or-
ganization that licenses or certifies others to provide
such services;
(6) the term ‘‘provider’’ means any person
who—
(A) seeks or has contact with a child while
that child is receiving care from a qualified en-
tity; and
(B) seeks employment or ownership of a
qualified entity; and
(7) the term ‘‘background check crime’’ means,
with respect to a provider, any crime committed by
that provider that, as determined under rules pre-
scribed by the Attorney General, may affect the
safety of children under the care of a qualified entity
with respect to which that provider has a relation-
ship described in paragraph (5).
Æ