I 
109TH CONGRESS 
1ST SESSION H. R. 4472
To protect children, to secure the safety of judges, prosecutors, law enforce-
ment officers, and their family members, to reduce and prevent gang 
violence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2005
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To protect children, to secure the safety of judges, prosecu-
tors, law enforcement officers, and their family members, 
to reduce and prevent gang violence, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Children’s Safety and Violent Crime Reduction Act of 
2005’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—SEX OFFENDER REGISTRATION AND NOTIFICATION 
ACT 
Sec. 101. Short title. 
Sec. 102. Declaration of purpose. 
Subtitle A—Jacob Wetterling Sex Offender Registration and Notification 
Program 
Sec. 111. Relevant definitions, including Amie Zyla expansion of sex offender 
definition and expanded inclusion of child predators. 
Sec. 112. Registry requirements for jurisdictions. 
Sec. 113. Registry requirements for sex offenders. 
Sec. 114. Information required in registration. 
Sec. 115. Duration of registration requirement. 
Sec. 116. In person verification. 
Sec. 117. Duty to notify sex offenders of registration requirements and to reg-
ister. 
Sec. 118. Jessica Lunsford Address Verification Program. 
Sec. 119. National Sex Offender Registry. 
Sec. 120. Dru Sjodin National Sex Offender Public Website. 
Sec. 121. Public access to sex offender information through the Internet. 
Sec. 122. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notifi-
cation Program. 
Sec. 123. Actions to be taken when sex offender fails to comply. 
Sec. 124. Immunity for good faith conduct. 
Sec. 125. Development and availability of registry management software. 
Sec. 126. Federal duty when State programs not minimally sufficient. 
Sec. 127. Period for implementation by jurisdictions. 
Sec. 128. Failure to comply. 
Sec. 129. Sex Offender Management Assistance (soma) Program. 
Sec. 130. Demonstration project for use of electronic monitoring devices. 
Sec. 131. Bonus payments to States that implement electronic monitoring. 
Sec. 132. Access to Interstate Identification Index. 
Sec. 133. Limited immunity for National Center for Missing and Exploited 
Children with respect to CyberTipline. 
Sec. 134. Treatment and management of sex offenders in the Bureau of Pris-
ons. 
Sec. 135. Authorization of the National Center for Missing and Exploited Chil-
dren to locate and reunify children displaced as a result of a 
disaster. 
Sec. 136. GAO studies on feasibility of using driver’s license registration proc-
esses as additional registration requirements for sex offenders. 
Sec. 137. Assistance in identification and location of sex offenders relocated as 
a result of a major disaster. 
Subtitle B—Criminal Law Enforcement of Registration Requirements 
Sec. 151. Amendments to title 18, United States Code, relating to sex offender 
registration.
Sec. 152. Federal Investigation of sex offender violations of registration re-
quirements. 
Sec. 153. Sex offender apprehension grants. 
Sec. 154. Use of any controlled substance to facilitate sex offense. 
Sec. 155. Repeal of predecessor sex offender program. 
Sec. 156. Assistance for prosecution of cases cleared through use of DNA back-
log clearance funds. 
Sec. 157. Authorization of additional appropriations. 
Sec. 158. Grants to combat sexual abuse of children. 
Sec. 159. Expansion of training and technology efforts. 
Subtitle C—Office on Sexual Violence and Crimes Against Children 
Sec. 161. Establishment. 
Sec. 162. Director. 
Sec. 163. Duties of Office. 
TITLE II—DNA FINGERPRINTING 
Sec. 201. Expanding use of DNA to identify and prosecute sex offenders. 
Sec. 202. Stopping violent predators against children. 
Sec. 203. Model code on investigating missing persons and deaths. 
Sec. 204. Expanded use of codis grants. 
TITLE III—PREVENTION AND DETERRENCE OF CRIMES AGAINST 
CHILDREN 
Sec. 301. Assured punishment for violent crimes against children. 
Sec. 302. Officer Kenneth Wrede fair and expeditious habeus review of State 
criminal convictions. 
Sec. 303. Rights associated with habeas corpus proceedings. 
Sec. 304. Study of interstate tracking of persons convicted of or under inves-
tigation for child abuse. 
Sec. 305. Access to Federal crime information databases by educational agen-
cies for certain purposes. 
TITLE IV—PROTECTION AGAINST SEXUAL EXPLOITATION OF 
CHILDREN 
Sec. 401. Increased penalties for sexual offenses against children. 
Sec. 402. Sense of Congress with respect to prosecutions under Section 2422(b) 
of title 18, United States Code. 
TITLE V—FOSTER CHILD PROTECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
Sec. 501. Requirement to complete background checks before approval of any 
foster or adoptive placement and to check national crime infor-
mation databases and State child abuse registries; suspension 
and subsequent elimination of opt-out. 
Sec. 502. Access to Federal crime information databases by child welfare agen-
cies for certain purposes. 
Sec. 503. Penalties for coercion and enticement by sex offenders. 
Sec. 504. Penalties for conduct relating to child prostitution. 
Sec. 505. Penalties for sexual abuse. 
Sec. 506. Sex offender submission to search as condition of release. 
Sec. 507. Kidnapping jurisdiction.
Sec. 508. Marital communication and adverse spousal privilege. 
Sec. 509. Abuse and neglect of Indian children. 
Sec. 510. Jimmy Ryce Civil commitment program. 
Sec. 511. Jimmy Ryce State civil commitment programs for sexually dangerous 
persons. 
Sec. 512. Mandatory penalties for sex-trafficking of children. 
Sec. 513. Sexual abuse of wards. 
Sec. 514. No limitation for prosecution of felony sex offenses. 
Sec. 515. Child abuse reporting. 
TITLE VI—CHILD PORNOGRAPHY PREVENTION 
Sec. 601. Findings. 
Sec. 602. Strengthening section 2257 to ensure that children are not exploited 
in the production of pornography. 
Sec. 603. Additional recordkeeping requirements. 
Sec. 604. Prevention of distribution of child pornography used as evidence in 
prosecutions. 
Sec. 605. Authorizing civil and criminal asset forfeiture in child exploitation 
and obscenity cases. 
Sec. 606. Prohibiting the production of obscenity as well as transportation, dis-
tribution, and sale. 
TITLE VII—COURT SECURITY 
Sec. 701. Judicial branch security requirements. 
Sec. 702. Protection of family members. 
Sec. 703. Extension of sunset provision. 
Sec. 704. Additional amounts for United States Marshals Service to protect the 
judiciary. 
Sec. 705. Protections against malicious recording of fictitious liens against Fed-
eral judges and Federal law enforcement officers. 
Sec. 706. Protection of individuals performing certain official duties. 
Sec. 707. Report on security of Federal prosecutors. 
Sec. 708. Flight to avoid prosecution for killing peace officers. 
Sec. 709. Special penalties for murder, kidnapping, and related crimes against 
Federal judges and Federal law enforcement officers. 
Sec. 710. Authority of Federal judges and prosecutors to carry firearms. 
Sec. 711. Penalties for certain assaults. 
Sec. 712. Protection of federally funded public safety officers. 
Sec. 713. Modification of definition of offense and of the penalties for, influ-
encing or injuring officer or juror generally. 
Sec. 714. Modification of tampering with a witness, victim, or an informant of-
fense. 
Sec. 715. Modification of retaliation offense. 
Sec. 716. Inclusion of intimidation and retaliation against witnesses in State 
prosecutions as basis for Federal prosecution. 
Sec. 717. Clarification of venue for retaliation against a witness. 
Sec. 718. Prohibition of possession of dangerous weapons in Federal court fa-
cilities. 
Sec. 719. General modifications of Federal murder crime and related crimes. 
Sec. 720. Witness protection grant program. 
Sec. 721. Funding for State courts to assess and enhance court security and 
emergency preparedness. 
Sec. 722. Grants to States for threat assessment databases. 
Sec. 723. Grants to States to protect witnesses and victims of crimes.
Sec. 724. Grants for young witness assistance. 
Sec. 725. State and local court eligibility. 
TITLE VIII—REDUCTION AND PREVENTION OF GANG VIOLENCE 
Sec. 801. Revision and extension of penalties related to criminal street gang ac-
tivity. 
Sec. 802. Increased penalties for interstate and foreign travel or transportation 
in aid of racketeering. 
Sec. 803. Amendments relating to violent crime. 
Sec. 804. Increased penalties for use of interstate commerce facilities in the 
commission of murder-for-hire and other felony crimes of vio-
lence. 
Sec. 805. Increased penalties for violent crimes in aid of racketeering activity. 
Sec. 806. Murder and other violent crimes committed during and in relation to 
a drug trafficking crime. 
Sec. 807. Multiple interstate murder. 
Sec. 808. Additional racketeering activity. 
Sec. 809. Expansion of rebuttable presumption against release of persons 
charged with firearms offenses. 
Sec. 810. Venue in capital cases. 
Sec. 811. Statute of limitations for violent crime. 
Sec. 812. Clarification to hearsay exception for forfeiture by wrongdoing. 
Sec. 813. Transfer of juveniles. 
Sec. 814. Crimes of violence and drug crimes committed by illegal aliens. 
Sec. 815. Listing of immigration violators in the National Crime Information 
Center database. 
Sec. 816. Study. 
TITLE IX—INCREASED FEDERAL RESOURCES TO PREVENT AT-
RISK YOUTH FROM JOINING ILLEGAL STREET GANGS 
Sec. 901. Grants to State and local prosecutors to combat violent crime and to 
protect witnesses and victims of crimes. 
Sec. 902. Reauthorize the gang resistance education and training projects pro-
gram. 
Sec. 903. State and local reentry courts. 
TITLE X—CRIME PREVENTION 
Sec. 1001. Crime prevention campaign grant.
TITLE I—SEX OFFENDER REG-
ISTRATION 
AND 
NOTIFICA-
TION ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Sex Offender Reg-
istration and Notification Act’’.
SEC. 102. DECLARATION OF PURPOSE. 
In order to protect the public from sex offenders and 
offenders against children, and in response to the vicious 
attacks by violent sexual predators against the victims list-
ed below, Congress in this Act establishes a comprehensive 
national system for the registration of those offenders: 
(1) Jacob Wetterling, who was 11 years old, 
was abducted in 1989 in Minnesota, and remains 
missing. 
(2) Megan Nicole Kanka, who was 7 years old, 
was abducted, sexually assaulted and murdered in 
1994, in New Jersey. 
(3) Pam Lychner, who was 31 years old, was 
attacked by a career offender in Houston, Texas. 
(4) Jetseta Gage, who was 10 years old, was 
kidnapped, sexually assaulted, and murdered in 
2005 in Cedar Rapids, Iowa. 
(5) Dru Sjodin, who was 22 years old, was sex-
ually assaulted and murdered in 2003, in North Da-
kota. 
(6) Jessica Lunsford, who was 9 years, was ab-
ducted, sexually assaulted, buried alive, and mur-
dered in 2005, in Homosassa, Florida. 
(7) Sarah Lunde, who was 13 years old, was 
strangled and murdered in 2005, in Ruskin, Florida.
(8) Amie Zyla, who was 8 years old, was sexu-
ally assaulted in 1996 by a juvenile offender in 
Waukesha, Wisconsin, and has become an advocate 
for child victims and protection of children from ju-
venile sex offenders. 
(9) Christy Ann Fornoff, who was 13 years old, 
was abducted, sexually assaulted and murdered in 
1984, in Tempe, Arizona. 
(10) Alexandra Nicole Zapp, who was 30 years 
old, was brutally attacked and murdered in a public 
restroom by a repeat sex offender in 2002, in 
Bridgewater, Massachusetts. 
(11) Polly Klaas, who was 12 years old, was ab-
ducted, sexually assaulted and murdered in 1993 by 
a career offender in California. 
(12) Jimmy Ryce, who was 9 years old, was 
kidnapped and murdered in Florida on September 
11, 1995. 
(13) Carlie Brucia, who was 11 years old, was 
abducted and murdered in Florida in February, 
2004.
Subtitle A—Jacob Wetterling Sex 
Offender Registration and Noti-
fication Program 
SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 
EXPANSION OF SEX OFFENDER DEFINITION 
AND EXPANDED INCLUSION OF CHILD PRED-
ATORS. 
In this title the following definitions apply: 
(1) SEX OFFENDER REGISTRY.—The term ‘‘sex 
offender registry’’ means a registry of sex offenders, 
and a notification program, maintained by a juris-
diction. 
(2) 
JURISDICTION.—The 
term 
jurisdiction 
means any of the following: 
(A) A State. 
(B) The District of Columbia. 
(C) The Commonwealth of Puerto Rico. 
(D) Guam. 
(E) American Samoa. 
(F) The Northern Mariana Islands. 
(G) The United States Virgin Islands. 
(H) To the extent provided and subject to 
the requirements of section 137, a federally rec-
ognized Indian tribe.
(3) AMIE ZYLA EXPANSION OF SEX OFFENDER 
DEFINITION.—The term ‘‘sex offender’’ means an 
individual who, either before or after the enactment 
of this Act, was convicted of, or adjudicated a juve-
nile delinquent for, an offense (other than an offense 
involving sexual conduct where the victim was at 
least 13 years old and the offender was not more 
than 4 years older than the victim and the sexual 
conduct was consensual, or an offense consisting of 
consensual sexual conduct with an adult) whether 
Federal, State, local, tribal, foreign (other than an 
offense based on conduct that would not be a crime 
if the conduct took place in the United States), mili-
tary, juvenile or other, that is a specified offense 
against a minor or a sex offense. 
(4) EXPANSION OF DEFINITION OF OFFENSE 
TO
INCLUDE
ALL
CHILD
PREDATORS.—The term 
‘‘specified offense against a minor’’ means an of-
fense against a minor that involves any of the fol-
lowing: 
(A) An offense (unless committed by a 
parent) involving kidnapping. 
(B) An offense (unless committed by a 
parent) involving false imprisonment, under cir-
cumstances in which it is reasonable to infer
that the offender intended to engage in a sex 
offense involving the minor. 
(C) Solicitation to engage in sexual con-
duct. 
(D) Use in a sexual performance. 
(E) Solicitation to practice prostitution. 
(F) Possession, production, or distribution 
of child pornography. 
(G) Criminal sexual conduct towards a 
minor, or the use of the Internet to facilitate or 
attempt such conduct. 
(H) Any conduct that by its nature is a 
sex offense against a minor. 
(I) Video voyeurism, as described in sec-
tion 1801 of title 18, United States Code. 
(J) Any attempt or conspiracy to commit 
an offense described in this paragraph. 
(5) TIER I SEX OFFENDER.—The term ‘‘tier I 
sex offender’’ means a sex offender whose offense is 
punishable by imprisonment for one year or less. 
(6) TIER II SEX OFFENDER.—The term ‘‘tier II 
sex offender’’ means a sex offender who is not a Tier 
III sex offender whose offense—
(A) is punishable by imprisonment for 
more than one year; or
(B) occurs after the offender becomes a 
tier I sex offender. 
(7) TIER III SEX OFFENDER.—The term ‘‘tier 
III sex offender’’ means a sex offender whose offense 
is punishable by imprisonment for more than one 
year and—
(A) involves crime of violence as defined in 
section 16 of title 18, United States Code, 
against the person of another, except a crime of 
violence consisting of an abusive sexual contact, 
as defined in section in section 2246; 
(B) is an offense where the victim had not 
attained the age of 13 years; or 
(C) occurs after the offender becomes a 
tier II sex offender. 
(8) SEX
OFFENSE.—The term ‘‘sex offense’’ 
means a criminal offense that has an element involv-
ing a sexual act or sexual contact with another, or 
an attempt or conspiracy to commit such an offense. 
(9) STUDENT.—The term ‘‘student’’ means an 
individual who enrolls or attends an educational in-
stitution, including (whether public or private) a sec-
ondary school, trade or professional school, and in-
stitution of higher education.
(10) EMPLOYEE.—The term ‘‘employee’’ in-
cludes an individual who is self-employed or works 
for any other entity, whether compensated or not. 
(11) RESIDES.—The term ‘‘resides’’ means, 
with respect to an individual, the location of the in-
dividual’s home or other place where the individual 
lives. 
(12) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained the age of 18 years. 
(13) CONVICTED.—The term ‘‘convicted’’ or a 
variant thereof, used with respect to a specified of-
fense against a minor or a sex offense, includes ad-
judicated deliquent as a juvenile for that offense. 
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 
Each jurisdiction shall maintain a jurisdiction-wide 
sex offender registry conforming to the requirements of 
this title. The Attorney General shall issue guidelines and 
regulations to interpret and implement this title. 
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 
(a) IN GENERAL.—A sex offender must register, and 
keep the registration current, in each jurisdiction where 
the offender resides, where the offender is an employee, 
and where the offender is a student. 
(b) INITIAL REGISTRATION.—The sex offender shall 
initially register—
(1) before completing a sentence of imprison-
ment with respect to the offense giving rise to the 
registration requirement; or 
(2) not later than 5 days after being sentenced 
for that offense, if the sex offender is not sentenced 
to a term of imprisonment. 
(c) KEEPING THE REGISTRATION CURRENT.—A sex 
offender must inform each jurisdiction involved, not later 
than 5 days after each change of residence, employment, 
or student status. 
(d) RETROACTIVE DUTY TO REGISTER.—The Attor-
ney General shall prescribe a method for the registration 
of sex offenders convicted before the enactment of this Act 
or its effective date in a particular jurisdiction. 
(e) STATE PENALTY FOR FAILURE TO COMPLY.—
Each jurisdiction, other than a Federally recognized In-
dian tribe shall provide a criminal penalty, that includes 
a maximum term of imprisonment that is greater than one 
year, and a minimum term of imprisonment that is no less 
than 90 days, for the failure of a sex offender to comply 
with the requirements of this title. 
SEC. 114. INFORMATION REQUIRED IN REGISTRATION. 
(a) PROVIDED
BY
THE OFFENDER.—The sex of-
fender must provide the following information to the ap-
propriate official for inclusion in the sex offender registry:
(1) The name and physical description of the 
sex offender (including any alias used by the indi-
vidual). 
(2) The Social Security number of the sex of-
fender. 
(3) The address of the residence at which the 
sex offender resides or will reside. 
(4) The name and address of the place where 
the sex offender is employed or will be employed. 
(5) The name and address of the place where 
the sex offender is a student or will be a student. 
(6) The license plate number and description of 
any vehicle owned or operated by the sex offender. 
(7) A photograph of the sex offender. 
(8) A set of fingerprints and palm prints of the 
sex offender, if the appropriate official determines 
that the jurisdiction does not already have available 
an accurate set. 
(9) A DNA sample of the sex offender, if the 
appropriate official determines that the jurisdiction 
does not already have available an appropriate DNA 
sample. 
(10) A photocopy of a valid driver’s license or 
identification card issued to the sex offender by a ju-
risdiction.
(11) Any other information required by the At-
torney General. 
(b) PROVIDED BY THE JURISDICTION.—The jurisdic-
tion in which the sex offender registers shall include the 
following information in the registry for that sex offender: 
(1) A statement of the facts of the offense giv-
ing rise to the requirement to register under this 
title, including the date of the offense, and whether 
or not the sex offender was prosecuted as a juvenile 
at the time of the offense. 
(2) The criminal history of the sex offender. 
(3) Any other information required by the At-
torney General. 
SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 
A sex offender shall keep the registration current for 
a period (excluding any time the sex offender is in custody 
or civilly committed) of—
(1) 20 years, if the offender is a tier I sex of-
fender; 
(2) 30 years, if the offender is a tier II sex of-
fender; and 
(3) the life of the offender, if the offender is a 
tier III sex offender.
SEC. 116. IN PERSON VERIFICATION. 
A sex offender shall appear in person, provide a cur-
rent photograph, and verify the information in each reg-
istry in which that offender is required to be registered 
not less frequently than—
(1) every 12 months, if the offender is a tier I 
sex offender; 
(2) every six months, if the offender is a tier II 
sex offender; and 
(3) every three months, if the offender is a tier 
III sex offender. 
SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA-
TION REQUIREMENTS AND TO REGISTER. 
An appropriate official shall, shortly before release 
from custody of the sex offender, or, if the sex offender 
is not in custody, immediately after the sentencing of the 
sex offender, for the offense giving rise to the duty to reg-
ister—
(1) inform the sex offender of the duty to reg-
ister and explain that duty; 
(2) require the sex offender to read and sign a 
form stating that the duty to register has been ex-
plained and that the sex offender understands the 
registration requirement; and 
(3) ensure that the sex offender is registered.