Sex Offender Registration and Notification Act - Requires each: (1) jurisdiction to maintain a sex offender registry; and (2) sex offender to register, and keep the registration current, in each jurisdiction where the offender resides, is an employee, and is a student.
Directs the offender and the jurisdiction to provide specified information for inclusion in the registry. Sets forth requirements regarding duration of the registration requirement. Penalizes jurisdictions for failure to comply with this Act.
Establishes: (1) the Jessica Lunsford Address Verification Program; (2) the Dru Sjodin National Sex Offender Public Website; and (3) the Megan Nicole Kanka and Alexandra Nicole Zapp Community Program.
Directs the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) develop and support related software; (3) establish and implement a Sex Offender Management Assistance program; (4) carry out a demonstration project of grants to jurisdictions using electronic monitoring devices; (5) ensure that the National Center for Missing and Exploited Children has access to the Interstate Identification Index; and (6) assist jurisdictions in locating and apprehending offenders who violate registration requirements.
Amends the federal criminal code to: (1) set penalties for failure to register; and (2) prohibit the use of a controlled substance to substantially impair the ability of a person to appraise or control conduct in order to commit a sex offense.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to assist states in enforcing registration requirements.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3133
To provide for the registration of sex offenders and for appropriate
notification of their whereabouts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2005
Mr. Foley (for himself and Mr. Cramer) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the registration of sex offenders and for appropriate
notification of their whereabouts, 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 ``Sex Offender Registration and
Notification Act''.
SEC. 2. DECLARATION OF PURPOSE.
In response to the vicious attacks by violent sexual predators
against the victims listed below, Congress in this Act establishes a
comprehensive national system for the registration of sex offenders:
(1) Jacob Wetterling, who was 11 years old, was abducted in
1989 in Minnesota, and remains missing.
(2) Megan Nicole Kanka, who was 7 years old, was abducted,
sexually assaulted and murdered in 1994, in New Jersey.
(3) Pam Lychner, who was 31 years old, was attacked by a
career offender in Houston, Texas.
(4) Jetseta Gage, who was 10 years old, was kidnapped,
sexually assaulted, and murdered in 2005 in Cedar Rapids, Iowa.
(5) Dru Sjodin, who was 22 years old, was sexually
assaulted and murdered in 2003, in North Dakota.
(6) Jessica Lunsford, who was 9 years, was abducted,
sexually assaulted, buried alive, and murdered in 2005, in
Homosassa, Florida.
(7) Sarah Lunde, who was 13 years old, was strangled and
murdered in 2005, in Ruskin, Florida.
(8) Amie Zyla, who was 8 years old, was sexually assaulted
in 1996 by a juvenile offender in Waukesha, Wisconsin, and has
become an advocate for child victims and protection of children
from juvenile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, was
abducted, sexually assaulted and murdered in 1984, in Tempe,
Arizona.
(10) Alexandra Nicole Zapp, who was 30 years old, was
brutally attacked and murdered in a public restroom by a repeat
sex offender in 2002, in Bridgewater, Massachusetts.
TITLE I--JACOB WETTERLING SEX OFFENDER REGISTRATION AND NOTIFICATION
PROGRAM
SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX
OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD
PREDATORS.
In this Act the following definitions apply:
(1) Sex offender registry.--The term ``sex offender
registry'' means a registry of sex offenders, and a
notification program, maintained by a jurisdiction.
(2) Jurisdiction.--The term jurisdiction means any of the
following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Somoa.
(F) Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) A federally recognized Indian tribe.
(3) Amie zyla expansion of sex offender definition.--The
term ``sex offender'' means an individual who, either before or
after the enactment of this Act, was convicted of, or
adjudicated a juvenile delinquent for, an offense (other than
an offense involving sexual conduct where the victim was at
least 13 years old and the offender was not more than 4 years
older than the victim and the sexual conduct was consensual, or
an offense consisting of consensual sexual conduct with an
adult) whether Federal, State, local, tribal, foreign (other
than an offense based on conduct that would not be a crime if
the conduct took place in the United States), military,
juvenile or other, that is--
(A) a specified offense against a minor;
(B) a serious sex offense; or
(C) a misdemeanor sex offense against a minor.
(4) Expansion of definition of offense to include all child
predators.--The term ``specified offense against a minor''
means an offense against a minor that involves any of the
following:
(A) Kidnapping (unless committed by a parent).
(B) False imprisonment (unless committed by a
parent).
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Possession, production, or distribution of
child pornography.
(G) Criminal sexual conduct towards a minor.
(H) Any conduct that by its nature is a sexual
offense against a minor.
(I) Any other offense designated by the Attorney
General for inclusion in this definition.
(J) Any attempt or conspiracy to commit an offense
described in this paragraph.
(5) Sex offense.--The term ``sex offense'' means a criminal
offense that has an element involving sexual act or sexual
contact with another, or an attempt or conspiracy to commit
such an offense.
(6) Serious sex offense.--The term ``serious sex offense''
means--
(A) a sex offense punishable under the law of a
jurisdiction by imprisonment for more than one year;
(B) any Federal offense under chapter 109A, 110,
117, or section 1591 of title 18, United States Code;
(C) an offense in a category specified by the
Secretary of Defense under section 115(a)(8)(C) of
title I of Public Law 105-119 (10 U.S.C. 951 note); and
(D) any other offense designated by the Attorney
General for inclusion in this definition.
(7) Misdemeanor sex offense against a minor.--The term
``misdemeanor sex offense against a minor'' means a sex offense
against a minor punishable by imprisonment for not more than
one year.
(8) Student.--The term ``student'' means an individual who
enrolls or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(9) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(10) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual lives.
(11) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
SEC. 102. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
Each jurisdiction shall maintain a jurisdiction-wide sex offender
registry conforming to the requirements of this Act. The Attorney
General shall issue and interpret guidelines to implement the
requirements and purposes of this Act.
SEC. 103. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
(a) In General.--A sex offender must register, and keep the
registration current, in each jurisdiction where the offender resides,
where the offender is an employee, and where the offender is a student.
(b) Initial Registration.--The sex offender shall initially
register--
(1) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
(2) not later than 5 days after being sentenced for that
offense, if the sex offender is not sentenced to a term of
imprisonment.
(c) Keeping the Registration Current.--A sex offender must inform
each jurisdiction involved, not later than 5 days after each change of
residence, employment, or student status.
(d) Retroactive Duty to Register.--The Attorney General shall
prescribe a method for the registration of sex offenders convicted
before the enactment of this Act.
(e) State Penalty for Failure to Comply.--Each jurisdiction shall
provide a criminal penalty, that includes a maximum term of
imprisonment that is greater than one year, for the failure of a sex
offender to comply with the requirements of this Act.
SEC. 104. INFORMATION REQUIRED IN REGISTRATION.
(a) Provided by the Offender.--The sex offender must provide the
following information to the appropriate official for inclusion in the
sex offender registry:
(1) The name of the sex offender (including any alias used
by the individual).
(2) The Social Security number of the sex offender.
(3) The address and location of the residence at which the
sex offender resides or will reside.
(4) The place where the sex offender is employed or will be
employed.
(5) The place where the sex offender is a student or will
be a student.
(6) The license plate number of any vehicle owned or
operated by the sex offender.
(7) A photograph of the sex offender.
(8) A set of fingerprints and palm prints of the sex
offender, if the appropriate official determines that the
jurisdiction does not already have available an accurate set.
(9) A DNA sample of the sex offender, if the appropriate
official determines that the jurisdiction does not already have
available an appropriate DNA sample.
(10) Any other information required by the Attorney
General.
(b) Provided by the Jurisdiction.--The jurisdiction in which the
sex offender registers shall include the following information in the
registry for that sex offender:
(1) A statement of the facts of the offense giving rise to
the requirement to register under this Act.
(2) The criminal history of the sex offender.
(3) Any other information required by the Attorney General.
SEC. 105. DURATION OF REGISTRATION REQUIREMENT.
A sex offender shall keep the registration current--
(1) for the life of the sex offender, if the offense is a
specified offense against a minor, a serious sex offense, or a
second misdemeanor sex offense against a minor; and
(2) for a period of 20 years, in any other case.
SEC. 106. IN PERSON VERIFICATION.
A sex offender shall appear in person and verify the information in
each registry in which that offender is required to be registered not
less frequently than once every six months.
SEC. 107. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND
TO REGISTER.
An appropriate official shall, shortly before release from custody
of the sex offender, or, if the sex offender is not in custody,
immediately after the sentencing of the sex offender, for the offense
giving rise to the duty to register--
(1) inform the sex offender of the duty to register and
explain that duty;
(2) require the sex offender to read and sign a form
stating that the duty to register has been explained and that
the sex offender understands the registration requirement; and
(3) ensure that the sex offender is registered.
SEC. 108. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.
(a) Establishment.--There is established the Jessica Lunsford
Address Verification Program (hereinafter in this section referred to
as the ``Program'').
(b) Verification.--In the Program, an appropriate official shall
verify the residence of each registered sex offender not less than
monthly or, in the case of a sex offender required to register because
of a misdemeanor sex offense against a minor, not less than quarterly.
(c) Use of Mailed Form Authorized.--Such verification may be
achieved by mailing a nonforwardable verification form to the last
known address of the sex offender. The date of the mailing may be
selected at random. The sex offender must return the form, including a
notarized signature, within a set period of time. A failure to return
the form as required may be a failure to register for the purposes of
this Act.
SEC. 109. NATIONAL SEX OFFENDER REGISTRY.
The Attorney General shall maintain a national database at the
Federal Bureau of Investigation for each sex offender and other person
required to register in a jurisdiction's sex offender registry. The
database shall be known as the National Sex Offender Registry.
SEC. 110. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.
(a) Establishment.--There is established the Dru Sjodin National
Sex Offender Public Website (hereinafter referred to as the
``Website'').
(b) Information to Be Provided.--The Attorney General shall
maintain the Website as a site on the Internet which allows the public
to obtain relevant information for each sex offender by a single query
in a form established by the Attorney General.
(c) Electronic Forwarding.--The Attorney General shall ensure
(through the National Sex Offender Registry or otherwise) that updated
information about a sex offender is immediately transmitted by
electronic forwarding to all relevant jurisdictions, unless the
Attroney General determines that each jurisdiction has so modified its
sex offender registry and notification program that there is no longer
a need for the Attorney General to do.
SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE
INTERNET.
Each jurisdiction shall make available on the Internet all
information about each sex offender in the registry, except for the
offender's Social Security number, the identity of any victim, and any
other information exempted from disclosure by the Attorney General. The
jurisdiction shall provide this information in a manner that is readily
accessible to the public.
SEC. 112. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP COMMUNITY
NOTIFICATION PROGRAM.
(a) Establishment of Program.--There is established the Megan
Nicole Kanka and Alexandra Nicole Zapp Community Program (hereinafter
in this section referred to as the ``Program'').
(b) Notification.--In the Program, as soon as possible, and in any
case not later than 5 days after a sex offender registers or updates a
registration, an appropriate official in the jurisdiction shall provide
the information in the registry (other than information exempted from
disclosure by the Attorney General) about that offender to the
following:
(1) The Attorney General, who shall include that
information in the National Sex Offender Registry.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public
housing agency, in each area in which the individual resides,
is employed, or is a student.
(3) Each jurisdiction from or to which a change of
residence, work, or student status occurs.
(4) Any agency responsible for conducting employment-
related background checks under section 3 of the National Child
Protection Act of 1993 (42 U.S.C. 5119a).
(5) Social service entities responsible for protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
SEC. 113. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.
An appropriate official shall notify the Attorney General and
appropriate State and local law enforcement agencies of any failure by
a sex offender to comply with the requirements of a registry. The
appropriate official, the Attorney General, and each such State and
local law enforcment agency shall take any appropriate action to ensure
compliance.
SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.
Law enforcement agencies, employees of law enforcement agencies and
independent contractors acting at the direction of such agencies, and
officials of jurisdictions and other political subdivisions shall not
be civilly or criminally liable for good faith conduct under this Act.
SEC. 115. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.
The Attorney General shall develop and support software for use to
establish, maintain, publish, and share sex offender registries.
SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.
If the Attorney General determines that a jurisdiction does not
have a minimally sufficient sex offender registration program, the
Department of Justice shall, to the extent practicable, carry out the
duties imposed on that jurisdiction by this Act.
SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.
Each jurisdiction shall implement this Act not later than 2 years
after the date of the enactment of this Act. However, the Attorney
General may authorize a one-year extension of the deadline.
SEC. 118. FAILURE TO COMPLY.
(a) In General.--For any fiscal year after the end of the period
for implementation, a jurisdiction that fails to implement this Act
shall not receive 10 percent of the funds that would otherwise be
allocated for that fiscal year to the jurisdiction under each of the
following programs:
(1) Byrne.--Subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.), whether characterized as the Edward Byrne Memorial State
and Local Law Enforcement Assistance Programs, the Edward Byrne
Memorial Justice Assistance Grant Program, or otherwise.
(2) LLEBG.--The Local Government Law Enforcement Block
Grants program.
(b) Reallocation.--Amounts not allocated under a program referred
to in paragraph (1) to a jurisdiction for failure to fully implement
this Act shall be reallocated under that program to jurisdictions that
have not failed to implement this Act.
SEC. 119. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.
(a) In General.--The Attorney General shall establish and implement
a Sex Offender Management Assistance program (in this Act referred to
as the ``SOMA program'') under which the Attorney General may award a
grant to a jurisdiction to offset the costs of implementing this Act.
(b) Application.--The chief executive of a jurisdiction shall, on
an annual basis, submit to the Attorney General an application in such
form and containing such information as the Attorney General may
require.
(c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as
determined by the Attorney General, has implemented this Act not later
than two years after the date of the enactment of this Act is eligible
for a bonus payment. Such payment shall be made under the SOMA program
for the first fiscal year beginning after that determination. The
amount of the payment shall be--
(1) 10 percent of the total received by the jurisdiction
under the SOMA program for the preceding fiscal year, if
implementation is not later than one year after the date of
enactment of this Act; and
(2) 5 percent of such total, if not later than two years
after that date.
(d) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary to the Attorney General, to
be available only for the SOMA program, for fiscal years 2006 through
2008.
SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING
DEVICES.
(a) Project Required.--The Attorney General shall carry out a
demonstration project under which the Attorney General makes grants to
jurisdictions to demonstrate the extent to which electronic monitoring
devices can be used effectively in a sex offender management program.
(b) Use of Funds.--The jurisdiction may use grant amounts under
this section directly, or through arrangements with public or private
entities, to carry out programs under which the whereabouts of sex
offenders are monitored by electronic monitoring devices.
(c) Participants.--Not more than 10 jurisdictions may participate
in the demonstration project at any one time.
(d) Factors.--In selecting jurisdictions to participate in the
demonstration project, the Attorney General shall consider the
following factors:
(1) The total number of sex offenders in the jurisdiction.
(2) The percentage of those sex offenders who fail to
comply with registration requirements.
(3) The threat to public safety posed by those sex
offenders who fail to comply with registration requirements.
(4) Any other factor the Attorney General considers
appropriate.
(e) Duration.--The Attorney General shall carry out the
demonstration project for fiscal years 2007, 2008, and 2009.
(f) Reports.--The Attorney General shall submit to Congress an
annual report on the demonstration project. Each such report shall
describe the activities carried out by each participant, assess the
effectiveness of those activities, and contain any other information or
recommendations that the Attorney General considers appropriate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 121. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN ACCESS TO
INTERSTATE IDENTIFICATION INDEX.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General shall ensure that the National Center for Missing and
Exploited Children has access to the Interstate Identification Index,
to be used by the Center only within the scope of its duties and
responsibilities under Federal law. The access provided under this
section shall be authorized only to personnel of the Center that have
met all the requirements for access, including training, certification,
and background screening.
(b) Immunity.--Personnel of the Center shall not be civilly or
criminally liable for any use or misuse of information in the
Interstate Identification Index if in good faith.
SEC. 122. LIMITED IMMUNITY FOR NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN WITH RESPECT TO CYBERTIPLINE.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032) is amended by adding at the end the following new subsection:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents,
is not liable in any civil or criminal action for damages
directly related to the performance of its CyberTipline
responsibilities and functions as defined by this section.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) does not apply in an action in which a party
proves that the National Center for Missing and Exploited
Children, or its officer, employee, or agent as the case may
be, engaged in intentional misconduct or acted, or failed to
act, with actual malice, with reckless disregard to a
substantial risk of causing injury without legal justification,
or for a purpose unrelated to the performance of
responsibilities or functions under this section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
TITLE II--CRIMINAL LAW ENFORCEMENT OF REGISTRATION REQUIREMENTS
SEC. 201. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX
OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--Part I of title 18,
United States Code, is amended by inserting after chapter 109A the
following:
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``2250. Failure to register.
``Sec. 2250. Failure to register
``Whoever receives a notice from an official that such person is
required to register under the Sex Offender Registration and
Notification Act and--
``(1) is a sex offender as defined for the purposes of that
Act by reason of a conviction under Federal law; or
``(2) thereafter travels in interstate or foreign commerce,
or enters or leaves Indian country;
and knowingly fails to register as required shall be fined under this
title and imprisoned not less than 5 years nor more than 20 years.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 109A the following new item:
``109B. Sexual offender and crimes against children registry 2250''.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117,
then the term of imprisonment imposed under this section shall be not
less than 5 years nor more than 20 years.''.
(d) Probation.--Paragraph (8) of section 3563(a) of title 18,
United States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting
``required to register under the Sex Offender Registration and
Notification Act that the person comply with the requirements
of that Act.''.
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2242(a)(2)'' and
inserting ``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any
term of years''; and
(C) by adding at the end the following: ``If a
defendant required to register under the Sex Offender
Registration and Notification Act violates the
requirements of that Act or commits any criminal
offense for which imprisonment for a term longer than
one year can be imposed, the court shall revoke the
term of supervised release and require the defendant to
serve a term of imprisonment under subsection (e)(3)
without regard to the exception contained therein. Such
term shall be not less than 5 years, and if the offense
was an offense under chapter 109A, 109B, 110, or 117,
not less than 10 years.''.
(f) Duties of Bureau of Prisons.--Paragraph (3) of section 4042(c)
of title 18, United States Code, is amended to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a
person who is released from prison and required to register
under the Sex Offender Registration and Notification Act of the
requirements of that Act as they apply to that person and the
same information shall be provided to a person sentenced to
probation by the probation officer responsible for supervision
of that person.''.
(g) Conforming Amendment of Cross Reference.--Paragraph (1) of
section 4042(c) of title 18, United States Code, is amended by striking
``(4)'' and inserting ``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of section
4042(c) of title 18, United States Code, is repealed.
SEC. 202. INVESTIGATION BY UNITED STATES MARSHALS OF SEX OFFENDER
VIOLATIONS OF REGISTRATION REQUIREMENTS.
(a) In General.--The Attorney General shall use the authority
provided in section 566(e)(1)(B) of title 28, United States Code, to
assist States and other jurisdictions in locating and apprehending sex
offenders who violate sex offender registration requirements.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2006
through 2008 to implement this section.
SEC. 203. SEX OFFENDER APPREHENSION GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by adding at the end the following new part:
``PART JJ--SEX OFFENDER APPREHENSION GRANTS
``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.
``(a) In General.--From amounts made available to carry out this
part, the Attorney General may make grants to States, units of local
government, Indian tribal governments, other public and private
entities, and multi-jurisdictional or regional consortia thereof for
activities specified in subsection (b).
``(b) Covered Activities.--An activity referred to in subsection
(a) is any program, project, or other activity to assist a State in
enforcing sex offender registration requirements.
``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary for fiscal years 2006 through 2008 to carry out this part.''.
SEC. 204. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE.
(a) Increased Punishment.--Chapter 109A of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
``(a) Whoever, knowingly uses a controlled substance to
substantially impair the ability of a person to appraise or control
conduct, in order to commit a sex offense, other than an offense where
such use is an element of the offense, shall, in addition to the
punishment provided for the sex offense, be imprisoned for any term of
years not less than 10, or for life.
``(b) As used in this section, the term `sex offense' means an
offense under this chapter other than an offense under this section.''.
(b) Amendment to Table.--The table of sections at the beginning of
chapter 109A of title 18, United States Code, is amended by adding at
the end the following new item:
``2249. Use of any controlled substance to facilitate sex offense.''.
SEC. 205. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of
the Violent Crime Control and Law Enforcement Act of 1994, and section
8 of the Pam Lychner Sexual Offender Tracking and Identification Act of
1996 (42 U.S.C. 14073), are repealed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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