[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3772 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3772
To ensure that States do not issue driver's licenses or identification
cards to sex offenders unless the offenders are in compliance with all
applicable registration requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2005
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure that States do not issue driver's licenses or identification
cards to sex offenders unless the offenders are in compliance with all
applicable registration requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children from Sexual
Predators Act of 2005''.
SEC. 2. ISSUANCE OF DRIVER'S LICENSES OR IDENTIFICATION CARDS TO SEX
OFFENDERS.
A State or tribal actor that issues driver's licenses or
identification cards must have in effect throughout the jurisdiction of
the actor laws and policies that ensure the following:
(1) The actor does not issue a driver's license, commercial
driver's license, or identification card to a sex offender or
renew the driver's license, commercial driver's license or
identification card of a sex offender until the actor has
satisfactory evidence indicating that the sex offender is in
compliance with all applicable sex offender registration
requirements.
(2) A driver's license, commercial driver's license, or
identification card issued to a sex offender expires on the
first anniversary date of the offender's birthday, measured
from the birthday nearest the date of issuance.
SEC. 3. IMPLEMENTATION BY STATES AND INDIAN TRIBES.
(a) In General.--Each State actor or tribal actor shall have not
more than 2 years from the date of the enactment of this Act in which
to fully implement this Act.
(b) Implementation by Tribes and in Indian Country.--The Attorney
General shall coordinate with the Secretary of the Interior to assist
tribal actors in fully implementing this Act throughout the
jurisdiction of each tribal actor.
(c) Ineligibility for Funds.--
(1) In general.--For any fiscal year after the expiration
of the period specified in subsection (a), a State actor or
tribal actor that fails to fully implement this Act shall not
receive 10 percent of the funds that would otherwise be
allocated for that fiscal year to the actor under any of the
following programs:
(A) Byrne.--Subpart 1 of Part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), whether characterized as the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Edward Byrne Memorial Justice
Assistance Grant Program, or otherwise.
(B) LLEBG.--The Local Government Law Enforcement
Block Grants program.
(C) Other law enforcement grants.--Any other
program under which the Attorney General provides
grants or other financial assistance.
(2) Reallocation.--Amounts not allocated under a program
referred to in paragraph (1) to an actor for failure to fully
implement this Act shall be reallocated under that program to
State actors and tribal actors that have not failed to fully
implement this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) State actor.--The term ``State actor'' means any of the
following:
(A) A State.
(B) The District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, or any other territory or possession of
the United States.
(2) Tribal actor.--The term ``tribal actor'' means a
federally recognized Indian tribe.
(3) Sex offender.--The term ``sex offender'' means an
individual who, either before or after the enactment of this
Act, was convicted of, or adjudicated a juvenile 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), military, juvenile or other, that is--
(A) a specified offense against a minor;
(B) a serious sex offense; or
(C) a misdemeanor sex offense against a minor.
(4) Specified offense against a minor.--The term
``specified offense against a minor'' means an offense against
a minor that involves any of the following:
(A) Kidnapping (unless committed by a parent).
(B) False imprisonment (unless committed by a
parent).
(C) Solicitation to engage in sexual conduct.
(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.
(H) Any conduct that by its nature is a sexual
offense against a minor.
(I) Any other offense designated by the Attorney
General for inclusion in this definition.
(J) Any attempt or conspiracy to commit an offense
described in this paragraph.
(5) Serious sex offense.--The term ``serious sex offense''
means--
(A) a sex offense punishable under the law of a
jurisdiction by imprisonment for more than one year;
(B) any Federal offense under chapter 109A, 110,
117, or section 1591 of title 18, United States Code;
(C) an offense in a category specified by the
Secretary of Defense under section 115(a)(8)(C) of
title I of Public Law 105-119 (10 U.S.C. 951 note);
(D) any other offense designated by the Attorney
General for inclusion in this definition.
(6) Misdemeanor sex offense against a minor.--The term
``misdemeanor sex offense against a minor'' means a sex offense
against a minor punishable by imprisonment for not more than
one year.
(7) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
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