I
104TH CONGRESS
1ST SESSION
H. R. 2817
To treat juvenile records in the same manner as adult records in certain
cases.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 1995
Mr. SCHUMER introduced the following bill; which was referred to the Com-
mittee on Economic and Educational Opportunities, and in addition to
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To treat juvenile records in the same manner as adult
records in certain cases.
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 ‘‘Juvenile Records Act
of 1995’’.
SEC. 2. FEDERAL JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is
amended—
(1) so that subsection (a) reads as follows:
(2) by striking the period at the end of para-
graph (25) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(26) provide that the State will ensure that
whenever in a juvenile proceeding a juvenile is found
to have committed an act that would be criminal if
committed by an adult—
‘‘(A) a record is kept relating to such pro-
ceeding that is—
‘‘(i) equivalent to the records that
would be kept relating to convictions of an
adult for committing such act;
‘‘(ii) retained for a period of time that
is equal to the period of time records are
retained for such convictions; and
‘‘(iii) made available to law enforce-
ment and school officials to the same ex-
tent that records of such convictions would
be made available, except that such a
record regarding an act that would be
charged as a felony (as defined in section
3156(a) of title 18 of the United States
Code) if committed by an adult shall be
treated in the same manner as records of
convictions of adults for committing such
felony;
‘‘(B) the juvenile is fingerprinted and pho-
tographed, and the fingerprints and photo-
graphs are retained and distributed in the same
manner as are the fingerprints and photographs
of adults convicted of committing such act; and
‘‘(C) the court in which such proceeding is
held transmits to the Federal Bureau of Inves-
tigation the information concerning such pro-
ceeding, including the name and birth date of
the juvenile, the date of the finding, and dis-
position of the matter.’’.
(b) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—Section 506 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended by adding
at the end the following:
‘‘(g)(1) In order not to reduce the funds available
under this subpart by 20 percent (for redistribution to
other participating States), a State shall, not later than
the first day of the first fiscal year beginning after the
3-year period beginning after the date of the enactment
of the Juvenile Records Act of 1995, comply with the re-
quirements of section 223(a)(26) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)).
‘‘(2) The Attorney General may extend the time pe-
riod referred to in paragraph (1) to a 5-year period if the
Attorney General determines that the State has made a
good faith effort to comply with the requirements referred
to in such paragraph.’’.
Æ