[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1102 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1102
To assist law enforcement in their efforts to recover missing children
and to clarify the standards for State sex offender registration
programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2003
Mr. Dodd (for himself, Ms. Collins, and Mr. Hatch) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To assist law enforcement in their efforts to recover missing children
and to clarify the standards for State sex offender registration
programs.
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 ``Prevention and Recovery of Missing
Children Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An improved registration system for sex offenders and
others who commit predatory acts against children will provide
law enforcement agencies with additional information critical
to preventing and promptly resolving such crimes.
(2) Federal, State, and local law enforcement were called
upon to investigate over 12,000 non-family abductions in the
United States in 1999.
(3) The National Crime Information Center (NCIC) database,
which links more than 16,000 Federal, State, and local law
enforcement agencies, is a critical means of cooperation among
law enforcement agencies.
(4) Delays in entering missing children reports into the
NCIC database leads to investigative delays when time is
critical to ensuring the safe return of missing children, as
evidenced by the fact that in 74 percent of abduction homicide
cases the child is dead within the first 3 hours and 91 percent
are killed within 24 hours.
SEC. 3. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General.--Section 3702 of the Crime Control Act of 1990 (42
U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the
State establishes or maintains any policy that requires the
removal of a missing person entry from its State law
enforcement system or the National Crime Information Center
computer network based solely on the age of the person;''; and
(3) in paragraph (3), as so redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
SEC. 4. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS.
(a) In General.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)--
(i) by striking clause (i), and inserting
the following:
``(i) inform the person of the duty to
register and obtain the information required
for such registration, including the person's
name, current address, anticipated future
residence, employer name and address, license
plate number and other identifying information
about each vehicle that the person owns, and
student enrollment information;'';
(ii) by striking clause (iv) and inserting
the following:
``(iv) obtain fingerprints, a photograph,
and a deoxyribonucleic acid (DNA) sample,
unless they were obtained within the previous 3
months;'';
(iii) in clause (v), by striking the period
at the end and inserting the following: ``;
and''; and
(iv) by adding at the end the following:
``(vi) for persons who are incarcerated,
perform each of the duties under clauses (i)
through (v) prior to the release of that person
from incarceration.'';
(B) in paragraph (2)(A), in the second sentence, by
inserting ``registration information for persons
intending to move to another State is promptly made
available to the registering agency of that State, and
that'' after ``State procedures shall also ensure
that'';
(C) by striking paragraph (3) and inserting the
following:
``(3) Verification.--For all persons required to register
under this section, State procedures shall provide for
verification of registry information at least once every 90
days.'';
(D) by striking paragraph (4) and inserting the
following:
``(4) Notification of local law enforcement agencies of
changes in registry information.--State procedures shall
provide that all persons required to register under this
section shall report a change of name, address, employer name
and address, vehicle information, and student enrollment
information to a law enforcement agency that has jurisdiction
where the person will reside, not later than 10 days after such
change takes effect.''; and
(E) by adding at the end the following:
``(8) Current photograph.--State procedures shall provide
for local law enforcement to obtain a photograph for all
persons required to register under this section--
``(A) at the initial registration of the person;
and
``(B) at least once a year from the time of
verification of the registry information of that
person, throughout the term of registration.
``(9) Driver's license or identification card.--State
procedures shall require that all persons required to register
under this section obtain, at the time of initial registration,
a driver's license or identification card from the State
Department of Motor Vehicles in the State in which that person
resides.''; and
(2) in subsection (d)--
(A) by striking ``A'' and inserting the following:
``(1) In general.--A''; and
(B) by adding at the end the following:
``(2) Felony.--States shall designate a failure to comply
with the registration and verification requirements of this
section as a felony and permit such failure to be grounds for
the immediate issuance of an arrest warrant.
``(3) Considerations.--States shall consider a failure to
comply with the registration and verification requirements of
this section as an ongoing offense for the purpose of statutes
of limitation, and shall consider a failure to register each
item of changed registry information as a separate offense.''.
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