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CBILL17.TXT
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1994-11-11
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TITLE XVII-CRIMES AGAINST CHILDREN
Subtitle A-Jacob Wetterling Crimes Against Children and
Violent Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) In General .- (1) State guidelines .-The Attorney General
establish guidelines for State programs that require-
(A) a person who is convicted of a criminal offense against a victim
who is a minor or who is convicted of a sexually violent offense to
register a current address with a designated State law enforcement
agency for the time period specified in subparagraph (A) of subsection
(b)(6); and
(B) a person who is a sexually violent predator to register a current
address with a designated State law enforcement agency unless such
requirement is terminated under subparagraph (B) of subsection (b)(6).
(2) Court determination .-A determination that a person is a sexually
violent predator and a determination that a person is no longer a
sexually violent predator shall be made by the sentencing court after
receiving a report by a State board composed of experts in the field
of the behavior and treatment of sexual offenders.
(3) Definitions .-For purposes of this section:
(A) The term "criminal offense against a victim who is a minor" means
any criminal offense that consists of-
(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual offense against a
minor; or
(viii) an attempt to commit an offense described in any of clauses (i)
through (vii), if the State-
(I) makes such an attempt a criminal offense; and
(II) chooses to include such an offense in those which are criminal
offenses against a victim who is a minor for the purposes of this
section.
For purposes of this subparagraph conduct which is criminal only
because of the age of the victim shall not be considered a criminal
offense if the perpetrator is 18 years of age or younger.
(B) The term "sexually violent offense" means any criminal offense
that consists of aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242 of title 18, United States Code, or as
described in the State criminal code) or an offense that has as its
elements engaging in physical contact with another person with intent
to commit aggravated sexual abuse or sexual abuse (as described in
such sections of title 18, United States Code, or as described in the
State criminal code).
(C) The term "sexually violent predator" means a person who has been
convicted of a sexually violent offense and who suffers from a mental
abnormality or personality disorder that makes the person likely to
engage in predatory sexually violent offenses.
(D) The term "mental abnormality" means a congenital or acquired
condition of a person that affects the emotional or volitional
capacity of the person in a manner that predisposes that person to the
commission of criminal sexual acts to a degree that makes the person a
menace to the health and safety of other persons.
(E) The term "predatory" means an act directed at a stranger, or a
person with whom a relationship has been established or promoted for
the primary purpose of victimization.
(b) Registration Requirement Upon Release, Parole, Supervised Release,
or Probation .-An approved State registration program established
under this section shall contain the following elements:
(1) Duty of state prison official or court .-
(A) If a person who is required to register under this section is
released from prison, or placed on parole, supervised release, or
probation, a State prison officer, or in the case of probation, the
court, shall-
(i) inform the person of the duty to register and obtain the
information required for such registration;
(ii) inform the person that if the person changes residence address,
the person shall give the new address to a designated State law
enforcement agency in writing within 10 days;
(iii) inform the person that if the person changes residence to
another State, the person shall register the new address with the law
enforcement agency with whom the person last registered, and the
person is also required to register with a designated law enforcement
agency in the new State not later than 10 days after establishing
residence in the new State, if the new State has a registration
requirement;
(iv) obtain fingerprints and a photograph of the person if these have
not already been obtained in connection with the offense that triggers
registration; and
(v) require the person to read and sign a form stating that the duty
of the person to register under this section has been explained.
(B) In addition to the requirements of subparagraph (A), for a person
required to register under subparagraph (B) of subsection (a)(1), the
State prison officer or the court, as the case may be, shall obtain
the name of the person, identifying factors, anticipated future
residence, offense history, and documentation of any treatment
received for the mental abnormality or personality disorder of the
person.
(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 the conviction data and fingerprints to the
Federal Bureau of Investigation.
(3) Verification .-
(A) For a person required to register under subparagraph (A) of
subsection (a)(1), on each anniversary of the person's initial
registration date during the period in which the person is required to
register under this section the following applies:
(i) The designated State law enforcement agency shall mail a
nonforwardable verification form to the last reported address of the
person.
(ii) The person shall mail the verification form to the designated
State law enforcement agency within 10 days after receipt of the form.
(iii) The verification form shall be signed by the person, and state
that the person still resides at the address last reported to the
designated State law enforcement agency.
(iv) If the person fails to mail the verification form to the
designated State law enforcement agency within 10 days after receipt
of the form, the person shall be in violation of this section unless
the person proves that the person has not changed the residence
address.
(B) The provisions of subparagraph (A) shall be applied to a person
required to register under subparagraph (B) of subsection (a)(1),
except that such person must verify the registration every 90 days
after the date of the initial release or commencement of parole.
(4) Notification of local law enforcement agencies of changes in
address .-A change of address by a person required to register under
this section reported to the designated State law enforcement agency
shall be immediately reported to the appropriate law enforcement
agency having jurisdiction where the person is residing. The
designated law enforcement agency shall, if the person changes
residence to another State, notify the law enforcement agency with
which the person must register in the new State, if the new State has
a registration requirement.
(5) Registration for change of address to another state .-A person who
has been convicted of an offense which requires registration under
this section shall register the new address with a designated law
enforcement agency in another State to which the person moves not
later than 10 days after such person establishes residence in the new
State, if the new State has a registration requirement.
(6) Length of registration .-
(A) A person required to register under subparagraph (A) of subsection
(a)(1) shall continue to comply with this section until 10 years have
elapsed since the person was released from prison, placed on parole,
supervised release, or probation.
(B) The requirement of a person to register under subparagraph (B) of
subsection (a)(1) shall terminate upon a determination, made in
accordance with paragraph (2) of subsection (a), that the person no
longer suffers from a mental abnormality or personality disorder that
would make the person likely to engage in a predatory sexually violent
offense.
(c) Penalty .-A person required to register under a State program
established pursuant to this section who knowingly fails to so
register and keep such registration current shall be subject to
criminal penalties in any State in which the person has so failed.
(d) Release of Information .-The information collected under a State
registration program shall be treated as private data except that-
(1) such information may be disclosed to law enforcement agencies for
law enforcement purposes;
(2) such information may be disclosed to government agencies
conducting confidential background checks; and
(3) the designated State law enforcement agency and any local law
enforcement agency authorized by the State agency may release relevant
information that is necessary to protect the public concerning a
specific person required to register under this section, except that
the identity of a victim of an offense that requires registration
under this section shall not be released.
(e) Immunity for Good Faith Conduct .-Law enforcement agencies,
employees of law enforcement agencies, and State officials shall be
immune from liability for good faith conduct under this section.
(f) Compliance .-
(1) Compliance date .-Subject to paragraph (2), each State shall have
not more than 3 years from the date of enactment of this Act in which
to implement this section, except that the Attorney General may grant
an additional 2 years to a State that is making good faith efforts to
implement this section.
(2) Ineligibility for funds .-
(A) A State that fails to implement the program as described in this
section shall not receive [*H8839] 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. 3765).
(B) Reallocation of funds .-Any funds that are not allocated for
failure to comply with this section shall be reallocated to States
that comply with this section.
Subtitle B-Assaults Against Children
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) Simple Assault .-Section 113(e) of title 18, United States Code,
is amended by inserting ", or if the victim of the assault is an
individual who has not attained the age of 16 years, by fine under
this title or imprisonment for not more than 1 year, or both" before
the period.
(b) Assaults Resulting in Substantial Bodily Injury .-Section 113 of
title 18, United States Code, is amended by adding at the end the
following:
"(7) Assault resulting in substantial bodily injury to an individual
who has not attained the age of 16 years, by fine under this title or
imprisonment for not more than 5 years, or both.".
(c) Technical and Stylistic Changes to Section 113.-Section 113 of
title 18, United States Code, is amended-
(1) in paragraph (b), by striking "of not more than $ 3,000'' and
inserting "under this title";
(2) in paragraph (c), by striking "of not more than $ 1,000'' and
inserting "under this title";
(3) in paragraph (d), by striking "of not more than $ 500'' and
inserting "under this title";
(4) by modifying the left margin of each of paragraphs (a) through (f)
so that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as paragraphs (1)
through (6); and
(6) by inserting "(a)" before "Whoever".
(d) Definitions .-Section 113 of title 18, United States Code, is
amended by adding at the end the following:
"(b) As used in this subsection-
"(1) the term 'substantial bodily injury' means bodily injury which
involves-
"(A) a temporary but substantial disfigurement; or
"(B) a temporary but substantial loss or impairment of the function of
any bodily member, organ, or mental faculty; and
"(2) the term 'serious bodily injury' has the meaning given that term
in section 1365 of this title.".
(e) Assaults in Indian Country .-Section 1153(a) of title 18, United
States Code, is amended by inserting "(as defined in section 1365 of
this title), an assault against an individual who has not attained the
age of 16 years" after "serious bodily injury".
Subtitle C-Missing and Exploited Children
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the "Morgan P. Hardiman Task Force on
Missing and Exploited Children Act".
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force comprised of
law enforcement officers from pertinent Federal agencies to work with
the National Center for Missing and Exploited Children (referred to as
the "Center") and coordinate the provision of Federal law enforcement
resources to assist State and local authorities in investigating the
most difficult cases of missing and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5771 et seq.) is amended-
(1) by redesignating sections 407 and 408 as sections 408 and 409,
respectively; and
(2) by inserting after section 406 the following new section:
"TASK FORCE "Sec. 407. (a) Establishment .-There is established a
Missing and Exploited Children's Task Force (referred to as the "Task
Force").
"(b) Membership .-
"(1) In general .-The Task Force shall include at least 2 members from
each of-
"(A) the Federal Bureau of Investigation;
"(B) the Secret Service;
"(C) the Bureau of Alcohol, Tobacco and Firearms;
"(D) the United States Customs Service;
"(E) the Postal Inspection Service;
"(F) the United States Marshals Service; and
"(G) the Drug Enforcement Administration.
"(2) Chief .-A representative of the Federal Bureau of Investigation
(in addition to the members of the Task Force selected under paragraph
(1)(A)) shall act as chief of the Task Force.
"(3) Selection .-(A) The Director of the Federal Bureau of
Investigation shall select the chief of the Task Force.
"(B) The heads of the agencies described in paragraph (1) shall submit
to the chief of the Task Force a list of at least 5 prospective Task
Force members, and the chief shall select 2, or such greater number as
may be agreeable to an agency head, as Task Force members.
"(4) Professional qualifications .-The members of the Task Force shall
be law enforcement personnel selected for their expertise that would
enable them to assist in the investigation of cases of missing and
exploited children.
"(5) Status .-A member of the Task Force shall remain an employee of
his or her respective agency for all purposes (including the purpose
of performance review), and his or her service on the Task Force shall
be without interruption or loss of civil service privilege or status
and shall be on a nonreimbursable basis.
"(6) Period of service .-(A) Subject to subparagraph (B), 1 member
from each agency shall initially serve a 1-year term, and the other
member from the same agency shall serve a 1-year term, and may be
selected to a renewal of service for 1 additional year; thereafter,
each new member to serve on the Task Force shall serve for a 2-year
period with the member's term of service beginning and ending in
alternate years with the other member from the same agency; the period
of service for the chief of the Task Force shall be 3 years.
"(B) The chief of the Task Force may at any time request the head of
an agency described in paragraph (1) to submit a list of 5 prospective
Task Force members to replace a member of the Task Force, for the
purpose of maintaining a Task Force membership that will be able to
meet the demands of its caseload.
"(c) Support .-
"(1) In general .-The Administrator of the General Services
Administration, in coordination with the heads of the agencies
described in subsection (b)(1), shall provide the Task Force office
space and administrative and support services, such office space to be
in close proximity to the office of the Center, so as to enable the
Task Force to coordinate its activities with that of the Center on a
day-to-day basis.
"(2) Legal guidance .-The Attorney General shall assign an attorney to
provide legal guidance, as needed, to members of the Task Force.
"(d) Purpose .-
"(1) In general .-The purpose of the Task Force shall be to make
available the combined resources and expertise of the agencies
described in paragraph (1) to assist State and local governments in
the most difficult missing and exploited child cases nationwide, as
identified by the chief of the Task Force from time to time, in
consultation with the Center, and as many additional cases as
resources permit, including the provision of assistance to State and
local investigators on location in the field.
"(2) Technical assistance .-The role of the Task Force in any
investigation shall be to provide advice and technical assistance and
to make available the resources of the agencies described in
subsection (b)(1); the Task Force shall not take a leadership role in
any such investigation.
"(e) Cross-Designation of Task Force Members .-The Attorney General
may cross-designate the members of the Task Force with jurisdiction to
enforce Federal law related to child abduction to the extent necessary
to accomplish the purposes of this section.".