293
(D) solicitation of minors to engage in sex-
ual conduct;
(E) use of minors in a sexual performance;
or
(F) solicitation of minors to practice pros-
titution.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—An approved State
registration program established by this section shall con-
tain the following requirements:
(1) NOTIFICATION.—If a person who is re-
quired to register under this section is released from
prison, paroled, or placed on supervised release, a
State prison officer shall—
(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 within 10 days;
(C) obtain fingerprints and a photograph
of the person if these have not already been ob-
tained in connection with the offense that trig-
gers registration; and
294
(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.
(2) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—The officer shall, within 3 days after re-
ceipt of information described in paragraph (1), for-
ward it to a designated State law enforcement agen-
cy. The State law enforcement agency shall imme-
diately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdic-
tion where the person expects to reside. The State
law enforcement agency shall also immediately
transmit the conviction data and fingerprints to the
Identification Division of the Federal Bureau of In-
vestigation.
(3) ANNUAL VERIFICATION.—On each anniver-
sary of a person’s initial registration date during the
period in which the person is required to register
under this section, the designated State law enforce-
ment agency shall mail a nonforwardable verification
form to the last reported address of the person. The
person shall mail the verification form to the officer
within 10 days after receipt of the form. The ver-
ification form shall be signed by the person, and
295
state that the person still resides at the address last
reported to the designated State law enforcement
agency. If the person fails to mail the verification
form to the designated State law enforcement agen-
cy within 10 days after receipt of the form, the per-
son shall be in violation of this section unless the
person proves that the person has not changed his
or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORCE-
MENT AGENCIES OF CHANGES IN ADDRESS.—Any
change of address by a person required to register
under this section reported to the designated State
law enforcement agency shall immediately be re-
ported to the appropriate law enforcement agency
having jurisdiction where the person is residing.
(c) REGISTRATION FOR 10 YEARS.—A person re-
quired to register under this section shall continue to com-
ply with this section until 10 years have elapsed since the
person was released from imprisonment, or placed on pa-
role or supervised release.
(d) PENALTY.—A person required to register under
a State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in such State.
296
It is the sense of Congress that such penalties should in-
clude at least 6 months’ imprisonment.
(e) PRIVATE DATA.—The information provided under
this section is private data on individuals and may be used
for law enforcement purposes and confidential background
checks conducted with fingerprints for child care services
providers.
SEC. 893. STATE COMPLIANCE.
(a) COMPLIANCE DATE.—Each State shall have 3
years from the date of the enactment of this Act in which
to implement this subtitle.
(b) INELIGIBILITY FOR FUNDS.—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)
received by a State not complying with this subtitle 3
years after the date of enactment of this Act shall be re-
duced by 25 percent and the unallocated funds shall be
reallocated to the States in compliance with this section.
TITLE IX—EQUAL JUSTICE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Equal Justice Act’’.
297
SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY
POLICIES CONCERNING CAPITAL PUNISH-
MENT OR OTHER PENALTIES.
(a) GENERAL RULE.—The penalty of death and all
other penalties shall be administered by the United States
and by every State without regard to the race or color
of the defendant or victim. Neither the United States nor
any State shall prescribe any racial quota or statistical
test for the imposition or execution of the death penalty
or any other penalty.
(b) DEFINITIONS.—For purposes of this title—
(1) the action of the United States or of a State
includes the action of any legislative, judicial, execu-
tive, administrative, or other agency or instrumental-
ity of the United States or a State, or of any politi-
cal subdivision of the United States or a State;
(2) the term ‘‘State’’ has the meaning stated in
section 513 of title 18, United States Code; and
(3) the term ‘‘racial quota or statistical test’’
includes any law, rule, presumption, goal, standard
for establishing a prima facie case, or mandatory or
permissive inference that—
(A) requires or authorizes the imposition
or execution of the death penalty or another
penalty so as to achieve a specified racial pro-
298
portion relating to offenders, convicts, defend-
ants, arrestees, or victims; or
(B) requires or authorizes the invalidation
of, or bars the execution of, sentences of death
or other penalties based on the failure of a ju-
risdiction to achieve a specified racial propor-
tion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execu-
tion of such sentences or penalties.
SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJU-
DICE OR BIAS IN THE TRIBUNAL.
In a criminal trial in a court of the United States,
or of any State—
(1) on motion of the defense attorney or pros-
ecutor, the risk of racial prejudice or bias shall be
examined on voir dire if there is a substantial likeli-
hood in the circumstances of the case that such prej-
udice or bias will affect the jury either against or in
favor of the defendant;
(2) on motion of the defense attorney or pros-
ecutor, a change of venue shall be granted if an im-
partial jury cannot be obtained in the original venue
because of racial prejudice or bias; and
299
(3) neither the prosecutor nor the defense at-
torney shall make any appeal to racial prejudice or
bias in statements before the jury.
SEC. 904. FEDERAL CAPITAL CASES.
(a) JURY INSTRUCTIONS AND CERTIFICATION.—In a
prosecution for an offense against the United States in
which a sentence of death is sought, and in which the cap-
ital sentencing determination is to be made by a jury, the
judge shall instruct the jury that it is not to be influenced
by prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend
the imposition of a sentence of death unless it has con-
cluded that it would recommend the same sentence for
such a crime regardless of the race or color of the defend-
ant or victim. Upon the return of a recommendation of
a sentence of death, the jury shall also return a certificate,
signed by each juror, that the juror’s individual decision
was not affected by prejudice or bias relating to the race
or color of the defendant or victim, and that the individual
juror would have made the same recommendation regard-
less of the race or color of the defendant or victim.
(b) RACIALLY MOTIVATED KILLINGS.—In a prosecu-
tion for an offense against the United States for which
a sentence of death is authorized, the fact that the killing