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108th CONGRESS
2d Session
H. R. 3929
To establish a national sex offender registration database, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 10, 2004
Mr. Gillmor (for himself and Mr. Pomeroy) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a national sex offender registration database, and for
other purposes.
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 ``National Sex Offender Registry Act
of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Criminal offense against a victim who is a minor.--The
term ``criminal offense against a victim who is a minor'' has
the same meaning as in section 170101(a)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14071(a)(3)).
(2) Minimally sufficient sexual offender registration
program.--The term ``minimally sufficient sexual offender
registration program'' has the same meaning as in section
170102(a) of the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (42 U.S.C.
14072(a)).
(3) Sexually violent offense.--The term ``sexually violent
offense'' has the same meaning as in section 170101(a)(3) of
the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
(4) Sexually violent predator.--The term ``sexually violent
predator'' has the same meaning as in section 170102(a) of the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14072(a)).
SEC. 3. ESTABLISHMENT OF DATABASE.
(a) In General.--The Attorney General shall establish a National
sex offender registry that--
(1) makes publicly available, via the Internet, all
information required to be submitted by States to the Attorney
General under subsection (b); and
(2) allows for users of the registry to determine which
registered sex offenders are currently residing within a
radius, as specified by the user of the registry, of the
location indicated by the user of the registry.
(b) Information From States.--
(1) In general.--If any person convicted of a criminal
offense against a victim who is a minor or a sexually violent
offense, or any sexually violent predator, is required to
register with a minimally sufficient sexual offender
registration program within a State, including a program
established under section 170101 of the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act
(42 U.S.C. 14017(b)), that State shall submit to the Attorney
General--
(A) the name and any known aliases of the person;
(B) the date of birth of the person;
(C) the current address of the person and any
subsequent changes of that address;
(D) a physical description and current photograph
of the person;
(E) the nature of and date of commission of the
offense by the person; and
(F) the date on which the person is released from
prison, or placed on parole, supervised release, or
probation.
(2) States without registration program.--The Federal
Bureau of Investigation shall collect from any person required
to register under section 170102(c) of the Jacob Wetterling
Crimes Against Children and Sexually Violent Offender
Registration Act (42 U.S.C. 14072(b)) the information required
under paragraph (1), and submit that information to the
Attorney General for inclusion in the National sex offender
registry established under section 2.
SEC. 4. RELEASE OF HIGH RISK INMATES.
(a) Civil Commitment Proceedings.--
(1) In general.--Any State that provides for a civil
commitment proceeding, or any equivalent proceeding, shall
issue timely notice to the attorney general of that State of
the impending release of any person incarcerated by the State
who--
(A) is a sexually violent predator; or
(B) has been deemed by the State to be at high-risk
for recommitting any sexually violent offense or
criminal offense against a victim who is a minor.
(2) Review.--Upon receiving notice under paragraph (1), the
State attorney general shall consider whether or not to
institute a civil commitment proceeding, or any equivalent
proceeding required under State law.
(b) Monitoring of Released Persons.--
(1) In general.--Each State shall intensively monitor, for
not less than 1 year, any person described under paragraph (2)
who--
(A) has been unconditionally released from
incarceration by the State; and
(B) has not been civilly committed pursuant to a
civil commitment proceeding, or any equivalent
proceeding under State law.
(2) Applicability.--Paragraph (1) shall apply to--
(A) any sexually violent predator; or
(B) any person who has been deemed by the State to
be at high-risk for recommitting any sexually violent
offense or criminal offense against a victim who is a
minor.
SEC. 5. COMPLIANCE.
(a) Compliance Date.--Each State shall have not more than 3 years
from the date of enactment of this Act in which to implement the
requirements of sections 3 and 4.
(b) Ineligibility for Funds.--A State that fails to submit the
information required under section 3(b) to the Attorney General, or
fails to implement the requirements of section 4, shall not receive 25
percent of the funds that would otherwise be allocated to the State
under section 20106(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13706(b)).
(c) Reallocation of Funds.--Any funds that are not allocated for
failure to comply with this section shall be reallocated to States that
comply with sections 3 and 4.
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