Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Act) to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator.
Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten 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 has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator.
Sets forth provisions regarding: (1) verification procedures; (2) notification of the FBI of changes in residence; (3) release of information by the FBI; and (4) penalties for knowingly failing to register.
Requires disclosure of the information collected by the FBI to Federal, State, and local: (1) criminal justice agencies for law enforcement and community notification purposes; and (2) governmental agencies responsible for conducting employment-related background checks under the National Child Protection Act.
Requires any State not having established a program under the Act to notify: (1) specified sexually violent offenders of their duty to register with the FBI upon release from prison, or placement on parole, supervised release, or probation; and (2) the FBI of the release of such offenders.
(Sec. 3) Amends the Act to: (1) mandate that a person required to register continue to comply with requirements of the Act, except during ensuing periods of incarceration, until ten years after release, or for life under specified circumstances; (2) include victim rights advocates and representatives from law enforcement agencies (LEAs) on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification fingerprints and a photograph.
(Sec. 7) Modifies the Act to require the State LEA to transmit specified information, including identifying factors, anticipated future residence, offense history, and treatment received for the person's mental abnormality or personality disorder, to the FBI for inclusion in its database. (Current law only requires transmission of conviction data and fingerprints.)
(Sec. 8) Makes: (1) State and Federal LEAs, their employees, and State and Federal officials immune from liability for good faith conduct regarding the database; and (2) States failing to implement the program described in this Act ineligible to receive ten percent of funds that would otherwise be allocated to them under the Omnibus Crime Control and Safe Streets Act of 1968.
[104th Congress Public Law 236]
[From the U.S. Government Publishing 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.
<all>
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Considered by unanimous consent. (consideration: CR H11248-11250)
Mr. McCollum asked unanimous consent to discharge from committee and consider.
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
A similar measure H.R. 3456 was laid on the table without objection.
Enacted as Public Law 104-236
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Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 104-236.
Became Public Law No: 104-236.