Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register.
Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person.
Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted.
Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1505 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1505
To revise the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2005
Ms. Ginny Brown-Waite of Florida (for herself, Ms. Harris, Ms.
Wasserman Schultz, and Mr. Poe) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To revise the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration program.
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 ``Jessica Lunsford Act''.
SEC. 2. REVISIONS.
(a) Semiannual Mailer Required.--Section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is
amended in subsection (b)(3)(A) by adding at the end the following:
``State procedures shall include a verification process under which the
State mails a nonforwardable verification form to the last known
address of the person, to be returned by the person within 10 days
after receiving the form. The date on which the State mails the form
shall be determined through a process that includes an element of
randomness, except that the State shall mail the form at least twice in
each calendar year. A failure to return the form within the period
allowed shall be punishable in the same manner as a failure to
register.''.
(b) Notice of Offender Status to Probation Officers.--Such section
is further amended in subsection (b)(1)(A)--
(1) in clause (iv), by striking ``and'' at the end;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(vi) notify the agency responsible for
supervising the person, if any, that the person
is required to register under this section and
provide that agency with the registration
information relating to that person.''.
(c) Electronic Monitoring of Offenders Who Repeatedly Fail to
Register.--Such section is further amended by adding at the end the
following new subsection:
``(k) Location-Transmitting Devices for Offenders Who Repeatedly
Fail to Register.--In addition to any other consequence that may be
imposed by law, a person required to register under a State program
established pursuant to this section with two or more convictions for
failing to so register or failing to keep such registration current
shall, upon release from imprisonment, be required by that State to
wear at all times a location-transmitting device (such as an anklet)
for a period of not less than 5 years. If the person is a sexually
violent predator, the period shall be not less than 10 years. The State
shall frequently monitor the information transmitted by the device. The
Attorney General shall prescribe guidelines specifying how a State is
to comply with this subsection.''.
(d) Compliance.--
(1) Compliance date.--Each State shall have not more than
12 months from the date of the enactment of this Act in which
to implement the amendments made by subsections (a) and (b),
and not more than 18 months from the date of the enactment of
this Act in which to implement the amendment made by subsection
(c).
(2) Ineligibility for funds.--
(A) In general.--A State that fails to implement
the amendments made by 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. 3765).
(B) Reallocation of funds.--Any funds that are not
allocated by reason of subparagraph (A) shall be
reallocated to States that are in compliance.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
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