[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1675 Enrolled Bill (ENR)]
S.1675
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the nationwide tracking of convicted sexual predators,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Pam Lychner Sexual Offender Tracking
and Identification Act of 1996''.

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(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent predator',
`mental abnormality', and `predatory' have the same meanings as in
section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender registration
program that--
``(A) requires the registration of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1);
``(B) requires that all information gathered under such
program be transmitted to the FBI in accordance with subsection
(g) of this section;
``(C) meets the requirements for verification under section
170101(b)(3); and
``(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal offense
against a victim who is a minor;
``(2) each person who has been convicted of a sexually violent
offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, fingerprints of that person, and a current
photograph of that person with the FBI for inclusion in the database
established under subsection (b) for the time period specified under
subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall, except during
ensuing periods of incarceration, continue to comply with this
section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release, or
probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense described in
subsection (b);
``(B) has been convicted of aggravated sexual abuse, as
defined in section 2241 of title 18, United States Code, or in
a comparable provision of State law; or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), the FBI shall, during the period in
which the person is required to register under subsection (d),
verify the person's address in accordance with guidelines that
shall be promulgated by the Attorney General. Such guidelines shall
ensure that address verification is accomplished with respect to
these individuals and shall require the submission of fingerprints
and photographs of the individual.
``(2) Sexually violent predators.--Paragraph (1) shall apply to
a person described in subsection (b)(3), except that such person
must verify the registration once every 90 days after the date of
the initial release or commencement of parole of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release the
identity of any victim of an offense that requires registration by
the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for not
less than 10 days.
``(2) Persons required to register with the fbi.--Each
establishment of a new residence, including the initial
establishment of a residence immediately following release from
prison, or placement on parole, supervised release, or probation,
by a person required to register under subsection (c) shall be
reported to the FBI not later than 10 days after that person
establishes a new residence.
``(3) Individual registration requirement.--A person required
to register under subsection (c) or under a minimally sufficient
offender registration program, including a program established
under section 170101, who changes address to a State other than the
State in which the person resided at the time of the immediately
preceding registration shall, not later than 10 days after that
person establishes a new residence, register a current address,
fingerprints, and photograph of that person, for inclusion in the
appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is established.
``(4) State registration requirement.--Any time any State
agency in a State with a minimally sufficient sexual offender
registration program, including a program established under section
170101, is notified of a change of address by a person required to
register under such program within or outside of such State, the
State shall notify--
``(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement officials.--The
FBI shall ensure that State and local law enforcement officials
of the jurisdiction from which, and the State and local law
enforcement officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency receiving
notification under this subsection shall notify the FBI of the
new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency cannot verify
the address of or locate a person required to register with
a minimally sufficient sexual offender registration
program, including a program established under section
170101, the State shall immediately notify the FBI.
``(ii) FBI.--If the FBI cannot verify the address of or
locate a person required to register under subsection (c)
or if the FBI receives notification from a State under
clause (i), the FBI shall--
``(I) classify the person as being in violation of
the registration requirements of the national database;
and
``(II) add the name of the person to the National
Crime Information Center Wanted person file and create
a wanted persons record: Provided, That an arrest
warrant which meets the requirements for entry into the
file is issued in connection with the violation.
``(h) Fingerprints.--
``(1) FBI registration.--For each person required to register
under subsection (c), fingerprints shall be obtained and verified
by the FBI or a local law enforcement official pursuant to
regulations issued by the Attorney General.
``(2) State registration systems.--In a State that has a
minimally sufficient sexual offender registration program,
including a program established under section 170101, fingerprints
required to be registered with the FBI under this section shall be
obtained and verified in accordance with State requirements. The
State agency responsible for registration shall ensure that the
fingerprints and all other information required to be registered is
registered with the FBI.
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than $100,000;
or
``(B) if the person has been convicted of more than 1
offense described in subsection (b), be imprisoned for up to 1
year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice agencies
for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with section
170101(d)(3); and
``(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background checks
under section 3 of the National Child Protection Act of 1993 (42
U.S.C. 5119a).
``(k) Notification Upon Release.--Any State not having established
a program described in section 170102(a)(3) must--
``(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1) of their duty to register with the FBI; and
``(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1).''.

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Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to register
under subsection (a)(1) shall continue to comply with this section,
except during ensuing periods of incarceration, until--
``(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A); or
``(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A); or
``(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2).''.

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Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.

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Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.

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Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form, fingerprints and a photograph of that person.''.

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Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to read as
follows:
``(2) Transfer of information to state and the fbi.--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 enforcement
agency. The State law enforcement agency shall immediately enter
the information into the appropriate State law enforcement record
system and notify the appropriate law enforcement agency having
jurisdiction where the person expects to reside. The State law
enforcement agency shall also immediately transmit all information
described in paragraph (1) to the Federal Bureau of Investigation
for inclusion in the FBI database described in section 170102.''.

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State and Federal law enforcement agencies, employees of State and
Federal law enforcement agencies, and State and Federal officials shall
be immune from liability for good faith conduct under section 170102.

e6d89670baf107ac8801817ef2fed1f839aed297162c5167694f9aa3669e9551

Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.

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(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, 6, and 7 of this Act not later
than 3 years after the date of enactment of this Act, except that the
Attorney General may grant an additional 2 years to a State that is
making good faith efforts to implement such amendments.
(c) Ineligibility for Funds.--
(1) A State that fails to implement the program as described in
sections 3, 4, 5, 6, and 7 of this Act shall not receive 10 percent
of the funds that would otherwise be allocated to the State under
section 506 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756).
(2) Any funds that are not allocated for failure to comply with
section 3, 4, 5, 6, or 7 of this Act shall be reallocated to States
that comply with these sections.

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If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Sexual Offender Tracking and Identification Act of 1996 — S. 1675

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