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Sex-Offender
Laws
Children’s Safety Act of 2005 (H.R. 3132)
What is the Problem?
- In 1994 Congress passed the Jacob Wetterling Crimes Against Children
and Sexually Violent Offenders Act which mandated that every state have
a sex offender registry.
- Today, there are 550,000 registered sex offenders in the state registries.
However, at least 100,000 of those offenders are non-compliant, many
literally missing.
- The majority of the victims of sex offenders are kids. According
to the Justice Department, 67% of the victims of sexual assault are
less than 18, 1/3 are less than 12.
- Sex offenders represent the highest risk of reoffense.
Recent Compelling Examples Of Why This Legislation Is Needed
- John Couey, a registered sex offender, alleged abductor/murderer of Jessica
Lunsford, wasn't where he was supposed to be.
- Dean Arthur Schwartzmiller, despite having been arrested at least
nine times in multiple states and served twelve years in prison, was
not a registered sex offender in any state. Schwartzmiller's records
suggest that he committed 36,000 individual acts of child molestation.
- Joseph Edward Duncan III, alleged abductor/murderer of members of the Groene
family, committed his first sexual assault at 12, was deemed a sexual
psychopath at 17, and served fourteen years in prison. A registered
sex offender in North Dakota, he was charged with a new child molestation,
but released on bail. Idaho authorities had no idea he was there.
Highights Of What This Legislation Will Do
- Create a comprehensive, national system for sex offender registration.
- Improve information exchange between states when sex offenders move
from state to state.
- Increase penalties on offenders for failing to comply with the registration
law.
New Requirements Include The Following
- National website containing information about all sex offenders in
all states.
- Changes in registry information immediately, electronically transmitted
to all states.
- Law enforcement notification of schools, child welfare agencies, youth-serving
organizations, etc. regarding the presence of a sex offender in the
area.
- Lifetime registration for offenders with felony convictions.
- Increased penalty for failure to register or verify to a state felony
(minimum of 1 year in prison) and, in some cases, a federal felony (with
possible 5-20 years in federal prison).
- Offenders must complete initial registration before release from
prison, not after.
- Offenders must notify law enforcement within 5 days of changes in
registry information.
- Felony offenders must verify registry information in person every
6 months.
- Juveniles who commit sex crimes against children must register.
- Persons convicted in foreign countries for crimes against children
must register
- Persons convicted of possession of child pornography must register.
- Registration information must include license plate/vehicle information
and DNA sample.
- Creates a 3-year pilot program in 10 states for electronic monitoring
of sex offenders.
- Requires DNA samples from federal arrestees and detainees.
- Increases penalties for certain crimes against children.
- Increases protection of children in the foster care system.
- Creates a federal program of civil commitment of sexual predators
per the guidelines of the Supreme Court's Hendricks v. Kansas decision.
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