Text: S.1675 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-236 (10/03/1996)

 
[104th Congress Public Law 236]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ236.104]


[[Page 110 STAT. 3093]]

Public Law 104-236
104th Congress

                                 An Act


 
 To provide for the nationwide tracking of convicted sexual predators, 
      and for other purposes. <<NOTE: Oct. 3, 1996 -  [S. 1675]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pam Lychner 
Sexual Offender Tracking and Identification Act of 1996. 42 USC 13701 
note.>> 

SECTION 1. SHORT TITLE.

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

SEC. 2. OFFENDER REGISTRATION.

    (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. <<NOTE: 42 USC 14072.>>  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;

[[Page 110 STAT. 3094]]

            ``(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) <<NOTE: Guidelines.>>  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) <<NOTE: Applicability.>>  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,

[[Page 110 STAT. 3095]]

        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) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Records.>>  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.

[[Page 110 STAT. 3096]]

    ``(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).''.

SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.

    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--

[[Page 110 STAT. 3097]]

                    ``(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).''.

SEC. 4. STATE BOARDS.

    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''.

SEC. 5. FINGERPRINTS.

    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).''.

SEC. 6. VERIFICATION.

    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.''.

SEC. 7. <<NOTE: Records.>> REGISTRATION INFORMATION.

    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) <<NOTE: Notification.>>  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.''.

SEC. 8. <<NOTE: 42 USC 14073.>>  IMMUNITY FOR GOOD FAITH CONDUCT.

    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.

[[Page 110 STAT. 3098]]

SEC. 9. <<NOTE: 42 USC 14071 note.>>  REGULATIONS.

    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.

SEC. 10. <<NOTE: 42 USC 14071 note.>>  EFFECTIVE DATE.

    (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.

SEC. 11. <<NOTE: 42 USC 14071 note.>>  SEVERABILITY.

    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.

    Approved October 3, 1996.

LEGISLATIVE HISTORY--S. 1675 (H.R. 3456):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 25, considered and passed Senate.
            Sept. 25, H.R. 3456 considered in House.
            Sept. 26, S. 1675 and H.R. 3456 considered and passed House.

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