IIA
103D CONGRESS
1ST SESSION
H. R. 324
IN THE SENATE OF THE UNITED STATES
NOVEMBER 20 (legislative day, NOVEMBER 2), 1993
Received
NOVEMBER 23, 1993
Read twice and referred to the Committee on the Judiciary
AN ACT
To require any person who is convicted of a State criminal
offense against a victim who is a minor to register a
current address with law enforcement officials of the
State for 10 years after release from prison, parole,
or supervision.
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 ‘‘Jacob Wetterling
Crimes Against Children Registration Act’’.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General
shall establish guidelines for State programs requir-
ing any person who is convicted of a criminal offense
against a victim who is a minor to register a current
address with a designated State law enforcement
agency for 10 years after release from prison, or
being placed on parole, supervised release, or proba-
tion.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ means any criminal offense that
consists of—
(A) kidnapping of a minor, except by a
parent;
(B) false imprisonment of a minor, except
by a parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of a minor to engage in
sexual conduct;
(E) use of a minor in a sexual perform-
ance;
(F) solicitation of a minor to practice pros-
titution;
(G) any conduct that by its nature is a
sexual offense against a minor; or
(H) an attempt to commit an offense de-
scribed in any of subparagraphs (A) through
(G) of this paragraph, if the State—
(i) makes such an attempt a criminal
offense; and
(ii) chooses to include such an offense
in those which are criminal offenses
against a victim who is a minor for the
purposes of this section.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, SUPERVISED RELEASE, OR PROBATION.—An
approved State registration program established under
this section shall contain the following requirements:
(1) DUTY
OF
STATE
PRISON
OFFICIAL
OR
COURT.—If a person who is required to register
under this section is released from prison, or placed
on parole, supervised release, or probation, a State
prison officer, or in the case of probation, the court,
shall—
(A) inform the person of the duty to reg-
ister and obtain the information required for
such registration;
(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) inform the person that if the person
changes residence to another State, the person
shall register the new address with the law en-
forcement agency with whom the person last
registered, and the person is also required to
register with a designated law enforcement
agency in the new State not later than 10 days
after establishing residence in the new State, if
the new State has a registration requirement;
(D) 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
(E) 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 F.B.I.—The officer, or in the case of a person
placed on probation, the court, shall, within 3 days
after receipt of information described in paragraph
(1), forward it to a designated State law enforce-
ment agency. The State law enforcement agency
shall immediately enter the information into the ap-
propriate State law enforcement record system and
notify the appropriate law enforcement agency hav-
ing jurisdiction where the person expects to reside.
The State law enforcement agency shall also imme-
diately transmit the conviction data and fingerprints
to the Federal Bureau of Investigation.
(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 des-
ignated State law enforcement agency within 10
days after receipt of the form. The verification form
shall be signed by the person, and state that the per-
son still resides at the address last reported to the
designated State law enforcement agency. If the per-
son fails to mail the verification form to the des-
ignated State law enforcement agency within 10
days after receipt of the form, the person 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. The
designated law enforcement agency shall, if the per-
son changes residence to another State, notify the
person of the law enforcement agency with which the
person must register in the new State, if the new
State has a registration requirement.
(5) PRIVACY OF DATA.—The information col-
lected under a State registration program shall be
treated as private data on individuals and may be
disclosed only to law enforcement agencies for inves-
tigative purposes or to government agencies conduct-
ing confidential background checks with fingerprints
on applicants for child care positions or other posi-
tions involving contact with children.
(c) REGISTRATION FOR CHANGE OF ADDRESS TO
ANOTHER STATE.—A person who has been convicted of
an offense which triggered registration in a State shall
register the new address with a designated law enforce-
ment agency in another State to which the person moves
not later than 10 days after such person establishes resi-
dence in the new State, if the new State has a registration
requirement.
(d) 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 prison, or placed on parole, su-
pervised release, or probation.
(e) 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 any State
in which the person has so failed.
(f) COMPLIANCE.—
(1) COMPLIANCE DATE.—Each State shall have
3 years from the date of the enactment of this Act
in which to implement this section.
(2) 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
the guidelines issued under this section 3 years after
the date of enactment of this Act may be reduced
by 10 percent and the unallocated funds shall be re-
allocated to the States in compliance with this sec-
tion.
Passed the House of Representatives November 20,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By DALLAS L. DENDY, JR.,
Assistant to the Clerk.