Text: H.R.1683 — 105th Congress (1997-1998)All Information (Except Text)

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Referred in Senate (09/24/1997)

 
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1683 Referred in Senate (RFS)]

  1st Session
                                H. R. 1683


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 1997

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To clarify the standards for State sex offender registration programs 
under the Jacob Wetterling Crimes Against Children and Sexually Violent 
                       Offender Registration Act.

    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 ``Jacob Wetterling Crimes Against 
Children and Sexually Violent Offenders Registration Improvements Act 
of 1997''.

SEC. 2. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS.

    (a) In General.--Section 170101(a) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``with a 
                designated State law enforcement agency''; and
                    (B) in subparagraph (B), by striking ``with a 
                designated State law enforcement agency'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Determination of sexually violent predator status; 
        waiver; alternative measures.--
                    ``(A) In general.--A determination of whether a 
                person is a sexually violent predator for purposes of 
                this section shall be made by a court after considering 
                the recommendation of a board composed of experts in 
                the behavior and treatment of sex offenders, victims' 
                rights advocates, and representatives of law 
                enforcement agencies.
                    ``(B) Waiver.--The Attorney General may waive the 
                requirements of subparagraph (A) if the Attorney 
                General determines that the State has established 
                alternative procedures or legal standards for 
                designating a person as a sexually violent predator.
                    ``(C) Alternative measures.--The Attorney General 
                may also approve alternative measures of comparable or 
                greater effectiveness in protecting the public from 
                unusually dangerous or recidivistic sexual offenders in 
                lieu of the specific measures set forth in this section 
                regarding sexually violent predators.''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``that 
                consists of--'' and inserting ``in a range of offenses 
                specified by State law which is comparable to or which 
                exceeds the following range of offenses:'';
                    (B) in subparagraph (B), by striking ``that 
                consists of'' and inserting ``in a range of offenses 
                specified by State law which is comparable to or which 
                exceeds the range of offenses encompassed by''; and
            (4) by adding at the end the following:
                    ``(F) The term `employed, carries on a vocation' 
                includes employment that is full-time or part-time for 
                a period of time exceeding 14 days or for an aggregate 
                period of time exceeding 30 days during any calendar 
                year, whether financially compensated, volunteered, or 
                for the purpose of government or educational benefit; 
                and
                    ``(G) The term `student' means a person who is 
                enrolled on a full-time or part-time basis, in any 
                public or private educational institution, including 
                any secondary school, trade, or professional 
                institution, or institution of higher education.''.
    (b) Requirements Upon Release, Parole, Supervised Release, or 
Probation.--Section 170101(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the paragraph designation and 
                heading and inserting the following:
            ``(1) Duties of responsible officials.--'';
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``or in the case of probation, the 
                        court'' and inserting ``the court, or another 
                        responsible officer or official'';
                            (ii) in clause (ii), by striking ``give'' 
                        and all that follows before the semicolon and 
                        inserting ``report the change of address as 
                        provided by State law''; and
                            (iii) in clause (iii), by striking ``shall 
                        register'' and all that follows before the 
                        semicolon and inserting ``shall report the 
                        change of address as provided by State law and 
                        comply with any registration requirement in the 
                        new State of residence, and inform the person 
                        that the person must also register in a State 
                        where the person is employed, carries on a 
                        vocation, or is a student''; and
                    (C) in subparagraph (B), by striking ``or the 
                court'' and inserting ``, the court, or another 
                responsible officer or official'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Transfer of information to state and fbi; 
        participation in national sex offender registry.--
                    ``(A) State reporting.--State procedures shall 
                ensure that the registration information is promptly 
                made available to a law enforcement agency having 
                jurisdiction where the person expects to reside and 
                entered into the appropriate State records or data 
                system. State procedures shall also ensure that 
                conviction data and fingerprints for persons required 
                to register are promptly transmitted to the Federal 
                Bureau of Investigation.
                    ``(B) National reporting.--A State shall 
                participate in the national database established under 
                section 170102(b) in accordance with guidelines issued 
                by the Attorney General, including transmission of 
                current address information and other information on 
                registrants to the extent provided by the 
                guidelines.'';
            (3) in paragraph (3)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``on each'' and all that follows through ``applies:'' 
                and inserting the following: ``State procedures shall 
                provide for verification of address at least 
                annually.''; and
                    (B) by striking clauses (i) through (v);
            (4) in paragraph (4), by striking ``section reported'' and 
        all that follows before the period at the end and inserting the 
        following: ``section shall be reported by the person in the 
        manner provided by State law. State procedures shall ensure 
        that the updated address information is promptly made available 
        to a law enforcement agency having jurisdiction where the 
        person will reside and entered into the appropriate State 
        records or data system'';
            (5) in paragraph (5), by striking ``shall register'' and 
        all that follows before the period at the end and inserting 
        ``and who moves to another State, shall report the change of 
        address to the responsible agency in the State the person is 
        leaving, and shall comply with any registration requirement in 
        the new State of residence. The procedures of the State the 
        person is leaving shall ensure that notice is provided promptly 
        to an agency responsible for registration in the new State, if 
        that State requires registration''; and
            (6) by adding at the end the following:
            ``(7) Registration of out-of-state offenders, federal 
        offenders, persons sentenced by courts martial, and offenders 
        crossing state borders.--As provided in guidelines issued by 
        the Attorney General, each State shall ensure that procedures 
        are in place to accept registration information from--
                    ``(A) persons who were convicted in another State, 
                convicted of a Federal offense, or sentenced by a court 
                martial; and
                    ``(B) nonresident offenders who have crossed into 
                another State in order to work or attend school.''.
    (c) Registration of Offender Crossing State Border.--Section 170101 
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14071(c)) is amended by redesignating subsections (c) through (f) as 
(d) through (g), respectively, and inserting after subsection (b) the 
following:
    ``(c) Registration of Offender Crossing State Border.--Any person 
who is required under this section to register in the State in which 
such person resides shall also register in any State in which the 
person is employed, carries on a vocation, or is a student.''.
    (d) Release of Information.--Section 170101(e)(2) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)), 
as redesignated by subsection (c) of this section, is amended by 
striking ``The designated'' and all that follows through ``State 
agency'' and inserting ``The State or any agency authorized by the 
State''.
    (e) Immunity for Good Faith Conduct.--Section 170101(f) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14071(f)), as redesignated by subsection (c) of this section, is 
amended by striking ``, and State officials'' and inserting ``and 
independent contractors acting at the direction of such agencies, and 
State officials''.
    (f) FBI Registration.--(1) Section 170102(a)(2) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(2)) 
is amended by striking ``and `predatory''' and inserting the following: 
```predatory', `employed, or carries on a vocation', and `student'''.
    (2) Section 170102(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is amended--
            (A) in subparagraph (A), by inserting ``in a range of 
        offenses specified by State law which is comparable to or 
        exceeds that'' before ``described'';
            (B) by amending subparagraph (B) to read as follows:
                    ``(B) participates in the national database 
                established under subsection (b) of this section in 
                conformity with guidelines issued by the Attorney 
                General;''; and
            (C) by amending subparagraph (C) to read as follows:
                    ``(C) provides for verification of address at least 
                annually;''.
    (g) Pam Lychner Sexual Offender Tracking and Identification Act of 
1996.--Section 10 of the Pam Lychner Sexual Offender Tracking and 
Identification Act of 1996 is amended by inserting at the end the 
following:
    ``(d) Effective Date.--States shall be allowed the time specified 
in subsection (b) to establish minimally sufficient sexual offender 
registration programs for purposes of the amendments made by section 2. 
Subsections (c) and (k) of section 170102 of the Violent Crime Control 
and Law Enforcement Act of 1994, and any requirement to issue related 
regulations, shall take effect at the conclusion of the time provided 
under this subsection for the establishment of minimally sufficient 
sexual offender registration programs.''.
    (h) Federal Offenders and Military Personnel.--(1) Section 4042 of 
title 18, United States Code, is amended--
            (A) in subsection (a)(5), by striking ``subsection (b)'' 
        and inserting ``subsections (b) and (c)'';
            (B) in subsection (b), by striking paragraph (4);
            (C) by redesignating subsection (c) as subsection (d); and
            (D) by inserting after subsection (b) the following:
    ``(c) Notice of Sex Offender Release.--(1) In the case of a person 
described in paragraph (4) who is released from prison or sentenced to 
probation, notice shall be provided to--
            ``(A) the chief law enforcement officer of the State and of 
        the local jurisdiction in which the person will reside; and
            ``(B) a State or local agency responsible for the receipt 
        or maintenance of sex offender registration information in the 
        State or local jurisdiction in which the person will reside.
The notice requirements under this subsection do not apply in relation 
to a person being protected under chapter 224.
    ``(2) Notice provided under paragraph (1) shall include the 
information described in subsection (b)(2), the place where the person 
will reside, and the information that the person shall be subject to a 
registration requirement as a sex offender. For a person who is 
released from the custody of the Bureau of Prisons whose expected place 
of residence following release is known to the Bureau of Prisons, 
notice shall be provided at least 5 days prior to release by the 
Director of the Bureau of Prisons. For a person who is sentenced to 
probation, notice shall be provided promptly by the probation officer 
responsible for the supervision of the person, or in a manner specified 
by the Director of the Administrative Office of the United States 
Courts. Notice concerning a subsequent change of residence by a person 
described in paragraph (4) during any period of probation, supervised 
release, or parole shall also be provided to the agencies and officers 
specified in paragraph (1) by the probation officer responsible for the 
supervision of the person, or in a manner specified by the Director of 
the Administrative Office of the United States Courts.
    ``(3) The Director of the Bureau of Prisons shall inform a person 
described in paragraph (4) who is released from prison that the person 
shall be subject to a registration requirement as a sex offender in any 
State in which the person resides, is employed, carries on a vocation, 
or is a student (as such terms are defined for purposes of section 
170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 
1994), and the same information shall be provided to a person described 
in paragraph (4) who is sentenced to probation by the probation officer 
responsible for supervision of the person or in a manner specified by 
the Director of the Administrative Office of the United States Courts.
    ``(4) A person is described in this paragraph if the person was 
convicted of any of the following offenses (including such an offense 
prosecuted pursuant to section 1152 or 1153):
            ``(A) An offense under section 1201 involving a minor 
        victim.
            ``(B) An offense under chapter 109A.
            ``(C) An offense under chapter 110.
            ``(D) An offense under chapter 117.
            ``(E) Any other offense designated by the Attorney General 
        as a sexual offense for purposes of this subsection.
    ``(5) The United States and its agencies, officers, and employees 
shall be immune from liability based on good faith conduct in carrying 
out this subsection and subsection (b).''.
    (2)(A) Section 3563(a) of title 18, United States Code, is amended 
by striking the matter at the end of paragraph (7) beginning with ``The 
results of a drug test'' and all that follows through the end of such 
paragraph and inserting that matter at the end of section 3563.
    (B) The matter inserted by subparagraph (A) at the end of section 
3563 is amended--
            (i) by striking ``The results of a drug test'' and 
        inserting the following:
    ``(e) Results of Drug Testing.--The results of a drug test''; and
            (ii) by striking ``paragraph (4)'' each place it appears 
        and inserting ``subsection (a)(5)''.
    (C) Section 3563(a) of title 18, United States Code, is amended--
            (i) so that paragraphs (6) and (7) appear in numerical 
        order immediately after paragraph (5);
            (ii) by striking ``and'' at the end of paragraph (6);
            (iii) in paragraph (7), by striking ``assessments.'' and 
        inserting ``assessments; and''; and
            (iv) by inserting immediately after paragraph (7) (as moved 
        by clause (i)) the following new paragraph:
            ``(8) for a person described in section 4042(c)(4), that 
        the person report the address where the person will reside and 
        any subsequent change of residence to the probation officer 
        responsible for supervision, and that the person register in 
        any State where the person resides, is employed, carries on a 
        vocation, or is a student (as such terms are defined under 
        section 170101(a)(3) of the Violent Crime Control and Law 
        Enforcement Act of 1994).''.
    (D) Section 3583(d) of title 18, United States Code, is amended by 
inserting after the second sentence the following: ``The court shall 
order, as an explicit condition of supervised release for a person 
described in section 4042(c)(4), that the person report the address 
where the person will reside and any subsequent change of residence to 
the probation officer responsible for supervision, and that the person 
register in any State where the person resides, is employed, carries on 
a vocation, or is a student (as such terms are defined under section 
170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 
1994).''.
    (E) Section 4209(a) of title 18, United States Code, insofar as 
such section remains in effect with respect to certain individuals, is 
amended by inserting after the first sentence the following: ``In every 
case, the Commission shall impose as a condition of parole for a person 
described in section 4042(c)(4), that the parolee report the address 
where the parolee will reside and any subsequent change of residence to 
the probation officer responsible for supervision, and that the parolee 
register in any State where the parolee resides, is employed, carries 
on a vocation, or is a student (as such terms are defined under section 
170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 
1994).''.
    (3)(A) The Secretary of Defense shall specify categories of conduct 
punishable under the Uniform Code of Military Justice which encompass a 
range of conduct comparable to that described in section 
170101(a)(3)(A) and (B) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(a)(3)(A) and (B)), and such 
other conduct as the Secretary deems appropriate for inclusion for 
purposes of this paragraph.
    (B) In relation to persons sentenced by a court martial for conduct 
in the categories specified under subparagraph (A), the Secretary shall 
prescribe procedures and implement a system to--
            (i) provide notice concerning the release from confinement 
        or sentencing of such persons;
            (ii) inform such persons concerning registration 
        obligations; and
            (iii) track and ensure compliance with registration 
        requirements by such persons during any period of parole, 
        probation, or other conditional release or supervision related 
        to the offense.
    (C) The procedures and requirements established by the Secretary 
under this paragraph shall, to the maximum extent practicable, be 
consistent with those specified for Federal offenders under the 
amendments made by paragraphs (1) and (2).
    (D) If a person within the scope of this paragraph is confined in a 
facility under the control of the Bureau of Prisons at the time of 
release, the Bureau of Prisons shall provide notice of release and 
inform the person concerning registration obligations under the 
procedures specified in section 4042(c) of title 18, United States 
Code.
    (i) Protected Witness Registration.--Section 3521(b)(1) of title 
18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
            ``(H) protect the confidentiality of the identity and 
        location of persons subject to registration requirements as 
        convicted offenders under Federal or State law, including 
        prescribing alternative procedures to those otherwise provided 
        by Federal or State law for registration and tracking of such 
        persons; and''.

SEC. 3. SENSE OF CONGRESS AND REPORT RELATING TO STALKING LAWS.

    (a) Sense of Congress.--It is the sense of Congress that each State 
should have in effect a law that makes it a crime to stalk any 
individual, especially children, without requiring that such individual 
be physically harmed or abducted before a stalker is restrained or 
punished.
    (b) Report.--The Attorney General shall include in an annual report 
under section 40610 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14039) information concerning existing or 
proposed State laws and penalties for stalking crimes against children.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this 
Act, except that--
            (1) paragraphs (1), (2), and (3) of section 2(h) shall take 
        effect 1 year after the date of the enactment of this Act; and
            (2) States shall have 3 years from such date of enactment 
        to implement amendments made by this Act which impose new 
        requirements under the Jacob Wetterling Crimes Against Children 
        and Sexually Violent Offender Registration Act, and the 
        Attorney General may grant an additional 2 years to a State 
        that is making good faith efforts to implement these 
        amendments.

            Passed the House of Representatives September 23, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                          Deputy Clerk.

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