An amendment numbered 29 printed in the Congressional Record to insert a new section on page 69, after line 17, stating that "notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591 and adding at the end of the table of sections at the beginning of the chapter the following new item: "3298. Child Abduction and Sex Offenses".
What it does: 25 changes: inserts text in 16 places, replaces text in 5 places, strikes text, rewrites a provision, adds 2 sectionsDescription
Amendment changes title XVIII to eliminate any statute of limitations on criminal prosecutions for kidnapping a child, committing a felony sex offense, or a human trafficking violation; and raises the class on the existing misdemeanor for failure to report child abuse, thereby raising the maximum penalty for such an offense from 6 months imprisonment to a year imprisonment.
What it changes
25 changes to H.R. 3132 · 8 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Inserts “, other than a Federally recognized Indian tribe” after “jurisdiction”
…jurisdiction[inserted: , other than a Federally recognized Indian tribe]…
Original wording
Page 11, line 2, after “jurisdiction” insert “, other than a Federally recognized Indian tribe”.
Change 2: Inserts “, or resides in,” after “enters or leaves”
In H.R. 3132 · Reported in House
"(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
[struck: ][inserted: , or resides in, ]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:
Original wording
Page 27, line 5, insert “, or resides in,” after “enters or leaves”.
Change 3: Replaces “A” with “To the extent provided and subject to the requirements of section 126, a”
[struck: A][inserted: To the extent provided and subject to the requirements of section 126, a]Original wording
Page 6, line 22, strike “A” and insert “To the extent provided and subject to the requirements of section 126, a”.
Change 4: Replaces “Somoa” with “Samoa”
In H.R. 3132 · Reported in House
(D) Guam.
(E) American
[struck: Somoa][inserted: Samoa].(F) Northern Mariana Islands.
Original wording
Page 6, line 19, strike “Somoa” and insert “Samoa”.
Change 5: Inserts “The” before “Northern”
In H.R. 3132 · Reported in House
(E) American Somoa.
(F) [inserted: The ]Northern Mariana Islands.
(G) The United States Virgin Islands.
Original wording
Page 6, line 20, insert “The” before “Northern”.
Change 6: Strikes “and interpret”
In H.R. 3132 · Reported in House
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
Each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this title. The Attorney General shall issue
[struck: and interpret ]guidelines to implement the requirements and purposes of this title.SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
Original wording
Page 10, line 4, strike “and interpret”.
Change 7: Replaces “to implement the requirements and purposes of” with “and regulations to interpret and implement”
In H.R. 3132 · Reported in House
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
Each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this title. The Attorney General shall issue and interpret guidelines
[struck: to implement the requirements][inserted: and regulations to interpret] and[struck: purposes of ][inserted: implement ]this title.SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
Original wording
Page 10, line 5, strike “to implement the requirements and purposes of” and insert “and regulations to interpret and implement”.
Change 8: Inserts “(but such 20-year period shall not include any time the offender is in custody or civilly…” after “years”
…years[inserted: (but such 20-year period shall not include any time the offender is in custody or civilly committed)]…
Original wording
Page 12, line 23, after “years” insert “(but such 20-year period shall not include any time the offender is in custody or civilly committed)”.
Change 9: Inserts “where the sex offender resides, works, or attends school, and each jurisdiction” after “jurisdiction”
…jurisdiction[inserted: where the sex offender resides, works, or attends school, and each jurisdiction]…
Original wording
Page 16, line 15, after “jurisdiction” insert “where the sex offender resides, works, or attends school, and each jurisdiction”.
Change 10: Rewrites section 124
ReplacesIn H.R. 3132 · Reported in House
SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.
[struck: Law enforcement agencies, employees of law enforcement agencies][inserted: The Federal Government, jurisdictions, political subdivisions of jurisdictions,] and[struck: independent contractors acting at the direction of such ][inserted: their ]agencies,[struck: and officials of jurisdictions ][inserted: officers, employees, ]and[struck: other political subdivisions ][inserted: agents ]shall[struck: not ]be[struck: civilly or criminally liable ][inserted: immune from liability ]for good faith conduct under this title.Original wording
Strike section 124 and insert the following:
Change 11: Inserts “or may be reallocated to a jurisdiction from which they were withheld to be used solely f…” after “title”
…title[inserted: or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this title]…
Original wording
Page 19, line 3, after “title” insert “or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this title”.
Change 12: Inserts “or section 1591,” after “117,”
…117,[inserted: or section 1591,]…
Original wording
Page 27, line 16, insert “or section 1591,” after “117,”.
Change 13: Inserts “or section 1591,” after “117,”
…117,[inserted: or section 1591,]…
Original wording
Page 29, line 3, insert “or section 1591,” after “117,”.
Change 14: Rewrites page 29, lines 14–17
ReplacesPrinted pageRemoves page 29, lines 14–17 of the printed bill. See that page
Inserted: (g) Conforming Amendments to Cross References.--Paragraphs (1) and (2) of section 4042(c) of title 18, United States Code, are each amended by striking "(4)" and inserting "(3)".
Original wording
Page 29, strike lines 14 through 17 and insert the following:
Change 15: Inserts “or its effective date in a particular jurisdiction” after “Act”
…Act[inserted: or its effective date in a particular jurisdiction]…
Original wording
Page 10, line 26, after “Act” insert “or its effective date in a particular jurisdiction”.
Change 16: Inserts new text on page 19, line 3
InsertsPrinted pageInserted: (c) Rule of Construction.--The provisions of this title that are cast as directions to jurisdictions or their officials constitute only conditions required to avoid the reduction of Federal funding under this section.
Original wording
Page 19, after line 3, insert the following:
Change 17: Inserts “and description” after “plate number”
In H.R. 3132 · Reported in House
(5) The place where the sex offender is a student or will be a student.
(6) The license plate number [inserted: and description ]of any vehicle owned or operated by the sex offender.
(7) A photograph of the sex offender.
Original wording
Page 11, line 20, after “plate number” insert “and description”.
Change 18: Adds SEC. 135. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF PRISONS on page 26, line 7
Adds a sectionPrinted pageInserted: SEC. 135. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF PRISONS.
Inserted: Section 3621 of title 18, United States Code, is amended by adding at the end the following new subsection:
Inserted: "(f) Sex Offender Management.--
Inserted: "(1) In general.--The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need of and suitable for treatment, as follows:
Inserted: "(A) Sex offender management programs.--The Bureau of Prisons shall establish non-residential sex offender management programs to provide appropriate treatment, monitoring, and supervision of sex offenders and to provide aftercare during pre-release custody.
Inserted: "(B) Residential sex offender treatment programs.--The Bureau of Prisons shall establish residential sex offender treatment programs to provide treatment to sex offenders who volunteer for such programs and are deemed by the Bureau of Prisons to be in need of and suitable for residential treatment.
Inserted: "(2) Regions.--At least one sex offender management program under paragraph (1)(A), and at least one residential sex offender treatment program under paragraph (1)(B), shall be established in each region within the Bureau of Prisons.
Inserted: "(3) Authorization of appropriations.--There are authorized to be appropriated to the Bureau of Prisons for each fiscal year such sums as may be necessary to carry out this subsection.".
Original wording
Page 26, after line 7, insert the following:
Change 19: Adds SEC. 155. ASSISTANCE FOR PROSECUTIONS OF CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS at the end of title I
Adds a sectionIn H.R. 3132 · Reported in House
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.
Inserted: SEC. 155. ASSISTANCE FOR PROSECUTIONS OF CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.
Inserted: (a) In General.--The Attorney General may make grants to train and employ personnel to help investigate and prosecute cases cleared through use of funds provided for DNA backlog elimination.
Inserted: (b) Authorization.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out this section.
Inserted: SEC. 156. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
Inserted: In addition to any other amounts authorized by law, there are authorized to be appropriated for grants to the American Prosecutors Research Institute under section 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 through 2010.
Original wording
At the end of title I, insert the following:
Change 20: Replaces “Each” with “(a) In General.--Except as provided in subsection (b), each”
[struck: Each][inserted: (a) In General.--Except as provided in subsection (b), each]Original wording
Page 15, line 13, strike “Each” and insert “(a) In General.--Except as provided in subsection (b), each”.
Change 21: Inserts new text on page 15, line 19
InsertsPrinted pageInserted: (b) Exception.--To the extent authorized by the Attorney General, a jurisdiction need not make available on the Internet information about a sex offender required to register for committing a misdemeanor sex offense against a minor who has attained the age of 16 years.
Original wording
Page 15, after line 19, insert the following:
Change 22: Inserts “a” before “sexual act”
…[inserted: a ]sexual act…
Original wording
Page 8, line 15, insert “a” before “sexual act”.
Change 23: Inserts “, including the date of the offense, and whether or not the sex offender was prosecuted a…” before the period
Inserted: , including the date of the offense, and whether or not the sex offender was prosecuted as a juvenile at the time of the offense
Original wording
Page 12, line 13, insert “, including the date of the offense, and whether or not the sex offender was prosecuted as a juvenile at the time of the offense” before the period.
Change 24: Inserts new text on page 5, line 23
InsertsPrinted pageInserted: (11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted and murdered in 1993 by a career offender in California.
Original wording
Page 5, after line 23, insert the following:
Change 25: Inserts new text on page 21, line 15
InsertsPrinted pageInserted: (f) Innovation.--In making grants under this section, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.
Inserted: (g) One-Time Report and Recommendations.--Not later than April 1, 2008, the Attorney General shall submit to Congress a report--
Inserted: (1) assessing the effectiveness and value of programs funded by this section;
Inserted: (2) comparing the cost-effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
Inserted: (3) making recommendations for continuing funding and the appropriate levels for such funding.
Original wording
Page 21, after line 15, insert the following (and redesignate succeeding subsections accordingly):
Shown as written
Page 18, beginning in line 7, strike “a one-year extension” and insert “up to two one-year extensions”.
Page 25, beginning in line 14, strike “for damages directly related to” and insert “arising from”.
Page 26, beginning in line 20, strike “receives a notice from an official that such person”.
Page 24, beginning in line 7, strike “in a range” and all that follows through “by” in line 9 and inserting “that is one of”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 11, line 2, after “jurisdiction” insert “, other than a Federally recognized Indian tribe”.
Page 27, line 5, insert “, or resides in,” after “enters or leaves”.
Page 6, line 22, strike “A” and insert “To the extent provided and subject to the requirements of section 126, a”.
Page 6, line 19, strike “Somoa” and insert “Samoa”.
Page 6, line 20, insert “The” before “Northern”.
Page 10, line 4, strike “and interpret”.
Page 10, line 5, strike “to implement the requirements and purposes of” and insert “and regulations to interpret and implement”.
Page 12, line 23, after “years” insert “(but such 20-year period shall not include any time the offender is in custody or civilly committed)”.
Page 16, line 15, after “jurisdiction” insert “where the sex offender resides, works, or attends school, and each jurisdiction”.
Strike section 124 and insert the following:
SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political subdivisions of jurisdictions, and their agencies, officers, employees, and agents shall be immune from liability for good faith conduct under this title.
Page 18, beginning in line 7, strike “a one-year extension” and insert “up to two one-year extensions”.
Page 19, line 3, after “title” insert “or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this title”.
Page 25, beginning in line 14, strike “for damages directly related to” and insert “arising from”.
Page 26, beginning in line 20, strike “receives a notice from an official that such person”.
Page 27, line 16, insert “or section 1591,” after “117,”.
Page 29, line 3, insert “or section 1591,” after “117,”.
Page 29, strike lines 14 through 17 and insert the following:
(g) Conforming Amendments to Cross References.--Paragraphs (1) and (2) of section 4042(c) of title 18, United States Code, are each amended by striking “(4)” and inserting “(3)”.
Page 10, line 26, after “Act” insert “or its effective date in a particular jurisdiction”.
Page 19, after line 3, insert the following:
(c) Rule of Construction.--The provisions of this title that are cast as directions to jurisdictions or their officials constitute only conditions required to avoid the reduction of Federal funding under this section.
Page 11, line 20, after “plate number” insert “and description”.
Page 26, after line 7, insert the following:
SEC. 135. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF PRISONS.
Section 3621 of title 18, United States Code, is amended by adding at the end the following new subsection:
“(f) Sex Offender Management.--
“(1) In general.--The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need of and suitable for treatment, as follows:
“(A) Sex offender management programs.--The Bureau of Prisons shall establish non-residential sex offender management programs to provide appropriate treatment, monitoring, and supervision of sex offenders and to provide aftercare during pre-release custody.
“(B) Residential sex offender treatment programs.--The Bureau of Prisons shall establish residential sex offender treatment programs to provide treatment to sex offenders who volunteer for such programs and are deemed by the Bureau of Prisons to be in need of and suitable for residential treatment.
“(2) Regions.--At least one sex offender management program under paragraph (1)(A), and at least one residential sex offender treatment program under paragraph (1)(B), shall be established in each region within the Bureau of Prisons.
“(3) Authorization of appropriations.--There are authorized to be appropriated to the Bureau of Prisons for each fiscal year such sums as may be necessary to carry out this subsection.”.
At the end of title I, insert the following:
SEC. 155. ASSISTANCE FOR PROSECUTIONS OF CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS.
(a) In General.--The Attorney General may make grants to train and employ personnel to help investigate and prosecute cases cleared through use of funds provided for DNA backlog elimination.
(b) Authorization.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out this section.
SEC. 156. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to any other amounts authorized by law, there are authorized to be appropriated for grants to the American Prosecutors Research Institute under section 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 through 2010.
Page 15, line 13, strike “Each” and insert “(a) In General.--Except as provided in subsection (b), each”.
Page 15, after line 19, insert the following:
(b) Exception.--To the extent authorized by the Attorney General, a jurisdiction need not make available on the Internet information about a sex offender required to register for committing a misdemeanor sex offense against a minor who has attained the age of 16 years.
Page 8, line 15, insert “a” before “sexual act”.
Page 12, line 13, insert “, including the date of the offense, and whether or not the sex offender was prosecuted as a juvenile at the time of the offense” before the period.
Page 5, after line 23, insert the following:
(11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted and murdered in 1993 by a career offender in California.
Page 24, beginning in line 7, strike “in a range” and all that follows through “by” in line 9 and inserting “that is one of”.
Page 21, after line 15, insert the following (and redesignate succeeding subsections accordingly):
(f) Innovation.--In making grants under this section, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.
(g) One-Time Report and Recommendations.--Not later than April 1, 2008, the Attorney General shall submit to Congress a report--
(1) assessing the effectiveness and value of programs funded by this section;
(2) comparing the cost-effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
(3) making recommendations for continuing funding and the appropriate levels for such funding.
Legislative Activity
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House amendment offered
September 14, 2005
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House amendment offered
September 14, 2005
Amendment agreed to Committee of the Whole
September 14, 2005 • 1:45 PM
House amendment agreed to: On agreeing to the Sensenbrenner amendment (A015) Agreed to by voice vote.
September 14, 2005 • 1:45 PM
House amendment offered/reported by : Amendment (A015) offered by Mr. Sensenbrenner.(consideration: CR H7910; text: CR H7910)
September 14, 2005 • 1:43 PM
Amendment (A015) offered by Mr. Sensenbrenner. (consideration: CR H7910; text: CR H7910)
September 14, 2005 • 1:43 PM
On agreeing to the Sensenbrenner amendment (A015) Agreed to by voice vote.
September 14, 2005 • 1:45 PM