






   
   
      TITLE XVII-CRIMES AGAINST CHILDREN
      
   
   
   
   
   Subtitle A-Jacob Wetterling Crimes Against Children and
   Violent Offender Registration Act
   
   
   
   SEC. 170101. ESTABLISHMENT OF PROGRAM.
   
   
   
   (a) In General .- (1) State guidelines .-The Attorney General
   establish guidelines for State programs that require-
   
   
   
   (A) a person who is convicted of a criminal offense against a victim
   who is a minor or who is convicted of a sexually violent offense to
   register a current address with a designated State law enforcement
   agency for the time period specified in subparagraph (A) of subsection
   (b)(6); and
   
   
   
   (B) a person who is a sexually violent predator to register a current
   address with a designated State law enforcement agency unless such
   requirement is terminated under subparagraph (B) of subsection (b)(6).
   
   
   
   
   (2) Court determination .-A determination that a person is a sexually
   violent predator and a determination that a person is no longer a
   sexually violent predator shall be made by the sentencing court after
   receiving a report by a State board composed of experts in the field
   of the behavior and treatment of sexual offenders.
   
   
   
   (3) Definitions .-For purposes of this section:
   
   
   
   (A) The term "criminal offense against a victim who is a minor" means
   any criminal offense that consists of-
   
   
   
   (i) kidnapping of a minor, except by a parent;
   
   
   
   (ii) false imprisonment of a minor, except by a parent;
   
   
   
   (iii) criminal sexual conduct toward a minor;
   
   
   
   (iv) solicitation of a minor to engage in sexual conduct;
   
   
   
   (v) use of a minor in a sexual performance;
   
   
   
   (vi) solicitation of a minor to practice prostitution;
   
   
   
   (vii) any conduct that by its nature is a sexual offense against a
   minor; or
   
   
   
   (viii) an attempt to commit an offense described in any of clauses (i)
   through (vii), if the State-
   
   
   
   (I) makes such an attempt a criminal offense; and
   
   
   
   (II) chooses to include such an offense in those which are criminal
   offenses against a victim who is a minor for the purposes of this
   section.
   
   
   
   For purposes of this subparagraph conduct which is criminal only
   because of the age of the victim shall not be considered a criminal
   offense if the perpetrator is 18 years of age or younger.
   
   
   
   (B) The term "sexually violent offense" means any criminal offense
   that consists of aggravated sexual abuse or sexual abuse (as described
   in sections 2241 and 2242 of title 18, United States Code, or as
   described in the State criminal code) or an offense that has as its
   elements engaging in physical contact with another person with intent
   to commit aggravated sexual abuse or sexual abuse (as described in
   such sections of title 18, United States Code, or as described in the
   State criminal code).
   
   
   
   (C) The term "sexually violent predator" means a person who has been
   convicted of a sexually violent offense and who suffers from a mental
   abnormality or personality disorder that makes the person likely to
   engage in predatory sexually violent offenses.
   
   
   
   (D) The term "mental abnormality" means a congenital or acquired
   condition of a person that affects the emotional or volitional
   capacity of the person in a manner that predisposes that person to the
   commission of criminal sexual acts to a degree that makes the person a
   menace to the health and safety of other persons.
   
   
   
   (E) The term "predatory" means an act directed at a stranger, or a
   person with whom a relationship has been established or promoted for
   the primary purpose of victimization.
   
   
   
   (b) Registration Requirement Upon Release, Parole, Supervised Release,
   or Probation .-An approved State registration program established
   under this section shall contain the following elements:
   
   
   
   (1) Duty of state prison official or court .-
   
   
   
   (A) If a person who is required to register under this section is
   released from prison, or placed on parole, supervised release, or
   probation, a State prison officer, or in the case of probation, the
   court, shall-
   
   
   
   (i) inform the person of the duty to register and obtain the
   information required for such registration;
   
   
   
   (ii) inform the person that if the person changes residence address,
   the person shall give the new address to a designated State law
   enforcement agency in writing within 10 days;
   
   
   
   (iii) inform the person that if the person changes residence to
   another State, the person shall register the new address with the law
   enforcement agency with whom the person last registered, and the
   person is also required to register with a designated law enforcement
   agency in the new State not later than 10 days after establishing
   residence in the new State, if the new State has a registration
   requirement;
   
   
   
   (iv) obtain fingerprints and a photograph of the person if these have
   not already been obtained in connection with the offense that triggers
   registration; and
   
   
   
   (v) require the person to read and sign a form stating that the duty
   of the person to register under this section has been explained.
   
   
   
   (B) In addition to the requirements of subparagraph (A), for a person
   required to register under subparagraph (B) of subsection (a)(1), the
   State prison officer or the court, as the case may be, shall obtain
   the name of the person, identifying factors, anticipated future
   residence, offense history, and documentation of any treatment
   received for the mental abnormality or personality disorder of the
   person.
   
   
   
   (2) Transfer of information to state and the fbi .-The officer, or in
   the case of a person placed on probation, the court, shall, within 3
   days after receipt of information described in paragraph (1), forward
   it to a designated State law enforcement agency. The State law
   enforcement agency shall immediately enter the information into the
   appropriate State law enforcement record system and notify the
   appropriate law enforcement agency having jurisdiction where the
   person expects to reside. The State law enforcement agency shall also
   immediately transmit the conviction data and fingerprints to the
   Federal Bureau of Investigation.
   
   
   
   (3) Verification .-
   
   
   
   (A) For a person required to register under subparagraph (A) of
   subsection (a)(1), on each anniversary of the person's initial
   registration date during the period in which the person is required to
   register under this section the following applies:
   
   
   
   (i) The designated State law enforcement agency shall mail a
   nonforwardable verification form to the last reported address of the
   person.
   
   
   
   (ii) The person shall mail the verification form to the designated
   State law enforcement agency within 10 days after receipt of the form.
   
   
   
   
   (iii) The verification form shall be signed by the person, and state
   that the person still resides at the address last reported to the
   designated State law enforcement agency.
   
   
   
   (iv) If the person fails to mail the verification form to the
   designated State law enforcement agency within 10 days after receipt
   of the form, the person shall be in violation of this section unless
   the person proves that the person has not changed the residence
   address.
   
   
   
   (B) The provisions of subparagraph (A) shall be applied to a person
   required to register under subparagraph (B) of subsection (a)(1),
   except that such person must verify the registration every 90 days
   after the date of the initial release or commencement of parole.
   
   
   
   (4) Notification of local law enforcement agencies of changes in
   address .-A change of address by a person required to register under
   this section reported to the designated State law enforcement agency
   shall be immediately reported to the appropriate law enforcement
   agency having jurisdiction where the person is residing. The
   designated law enforcement agency shall, if the person changes
   residence to another State, notify the law enforcement agency with
   which the person must register in the new State, if the new State has
   a registration requirement.
   
   
   
   (5) Registration for change of address to another state .-A person who
   has been convicted of an offense which requires registration under
   this section shall register the new address with a designated law
   enforcement agency in another State to which the person moves not
   later than 10 days after such person establishes residence in the new
   State, if the new State has a registration requirement.
   
   
   
   (6) Length of registration .-
   
   
   
   (A) A person required to register under subparagraph (A) of subsection
   (a)(1) shall continue to comply with this section until 10 years have
   elapsed since the person was released from prison, placed on parole,
   supervised release, or probation.
   
   
   
   (B) The requirement of a person to register under subparagraph (B) of
   subsection (a)(1) shall terminate upon a determination, made in
   accordance with paragraph (2) of subsection (a), that the person no
   longer suffers from a mental abnormality or personality disorder that
   would make the person likely to engage in a predatory sexually violent
   offense.
   
   
   
   (c) Penalty .-A person required to register under a State program
   established pursuant to this section who knowingly fails to so
   register and keep such registration current shall be subject to
   criminal penalties in any State in which the person has so failed.
   
   
   
   (d) Release of Information .-The information collected under a State
   registration program shall be treated as private data except that-
   
   
   
   (1) such information may be disclosed to law enforcement agencies for
   law enforcement purposes;
   
   
   
   (2) such information may be disclosed to government agencies
   conducting confidential background checks; and
   
   
   
   (3) the designated State law enforcement agency and any local law
   enforcement agency authorized by the State agency may release relevant
   information that is necessary to protect the public concerning a
   specific person required to register under this section, except that
   the identity of a victim of an offense that requires registration
   under this section shall not be released.
   
   
   
   (e) Immunity for Good Faith Conduct .-Law enforcement agencies,
   employees of law enforcement agencies, and State officials shall be
   immune from liability for good faith conduct under this section.
   
   
   
   (f) Compliance .-
   
   
   
   (1) Compliance date .-Subject to paragraph (2), each State shall have
   not more than 3 years from the date of enactment of this Act in which
   to implement this section, except that the Attorney General may grant
   an additional 2 years to a State that is making good faith efforts to
   implement this section.
   
   
   
   (2) Ineligibility for funds .-
   
   
   
   (A) A State that fails to implement the program as described in this
   section shall not receive [*H8839] 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 for
   failure to comply with this section shall be reallocated to States
   that comply with this section.
   
   
   
   Subtitle B-Assaults Against Children
   
   
   
   SEC. 170201. ASSAULTS AGAINST CHILDREN.
   
   
   
   (a) Simple Assault .-Section 113(e) of title 18, United States Code,
   is amended by inserting ", or if the victim of the assault is an
   individual who has not attained the age of 16 years, by fine under
   this title or imprisonment for not more than 1 year, or both" before
   the period.
   
   
   
   (b) Assaults Resulting in Substantial Bodily Injury .-Section 113 of
   title 18, United States Code, is amended by adding at the end the
   following:
   
   
   
   "(7) Assault resulting in substantial bodily injury to an individual
   who has not attained the age of 16 years, by fine under this title or
   imprisonment for not more than 5 years, or both.".
   
   
   
   (c) Technical and Stylistic Changes to Section 113.-Section 113 of
   title 18, United States Code, is amended-
   
   
   
   (1) in paragraph (b), by striking "of not more than $ 3,000'' and
   inserting "under this title";
   
   
   
   (2) in paragraph (c), by striking "of not more than $ 1,000'' and
   inserting "under this title";
   
   
   
   (3) in paragraph (d), by striking "of not more than $ 500'' and
   inserting "under this title";
   
   
   
   (4) by modifying the left margin of each of paragraphs (a) through (f)
   so that they are indented 2 ems;
   
   
   
   (5) by redesignating paragraphs (a) through (f) as paragraphs (1)
   through (6); and
   
   
   
   (6) by inserting "(a)" before "Whoever".
   
   
   
   (d) Definitions .-Section 113 of title 18, United States Code, is
   amended by adding at the end the following:
   
   
   
   "(b) As used in this subsection-
   
   
   
   "(1) the term 'substantial bodily injury' means bodily injury which
   involves-
   
   
   
   "(A) a temporary but substantial disfigurement; or
   
   
   
   "(B) a temporary but substantial loss or impairment of the function of
   any bodily member, organ, or mental faculty; and
   
   
   
   "(2) the term 'serious bodily injury' has the meaning given that term
   in section 1365 of this title.".
   
   
   
   (e) Assaults in Indian Country .-Section 1153(a) of title 18, United
   States Code, is amended by inserting "(as defined in section 1365 of
   this title), an assault against an individual who has not attained the
   age of 16 years" after "serious bodily injury".
   
   
   
   Subtitle C-Missing and Exploited Children
   
   
   
   SEC. 170301. SHORT TITLE.
   
   
   
   This subtitle may be cited as the "Morgan P. Hardiman Task Force on
   Missing and Exploited Children Act".
   
   
   
   SEC. 170302. PURPOSE.
   
   
   
   The purpose of this subtitle is to establish a task force comprised of
   law enforcement officers from pertinent Federal agencies to work with
   the National Center for Missing and Exploited Children (referred to as
   the "Center") and coordinate the provision of Federal law enforcement
   resources to assist State and local authorities in investigating the
   most difficult cases of missing and exploited children.
   
   
   
   SEC. 170303. ESTABLISHMENT OF TASK FORCE.
   
   
   
   Title IV of the Juvenile Justice and Delinquency Prevention Act of
   1974 (42 U.S.C. 5771 et seq.) is amended-
   
   
   
   (1) by redesignating sections 407 and 408 as sections 408 and 409,
   respectively; and
   
   
   
   (2) by inserting after section 406 the following new section:
   
   
   
   "TASK FORCE "Sec. 407. (a) Establishment .-There is established a
   Missing and Exploited Children's Task Force (referred to as the "Task
   Force").
   
   
   
   "(b) Membership .-
   
   
   
   "(1) In general .-The Task Force shall include at least 2 members from
   each of-
   
   
   
   "(A) the Federal Bureau of Investigation;
   
   
   
   "(B) the Secret Service;
   
   
   
   "(C) the Bureau of Alcohol, Tobacco and Firearms;
   
   
   
   "(D) the United States Customs Service;
   
   
   
   "(E) the Postal Inspection Service;
   
   
   
   "(F) the United States Marshals Service; and
   
   
   
   "(G) the Drug Enforcement Administration.
   
   
   
   "(2) Chief .-A representative of the Federal Bureau of Investigation
   (in addition to the members of the Task Force selected under paragraph
   (1)(A)) shall act as chief of the Task Force.
   
   
   
   "(3) Selection .-(A) The Director of the Federal Bureau of
   Investigation shall select the chief of the Task Force.
   
   
   
   "(B) The heads of the agencies described in paragraph (1) shall submit
   to the chief of the Task Force a list of at least 5 prospective Task
   Force members, and the chief shall select 2, or such greater number as
   may be agreeable to an agency head, as Task Force members.
   
   
   
   "(4) Professional qualifications .-The members of the Task Force shall
   be law enforcement personnel selected for their expertise that would
   enable them to assist in the investigation of cases of missing and
   exploited children.
   
   
   
   "(5) Status .-A member of the Task Force shall remain an employee of
   his or her respective agency for all purposes (including the purpose
   of performance review), and his or her service on the Task Force shall
   be without interruption or loss of civil service privilege or status
   and shall be on a nonreimbursable basis.
   
   
   
   "(6) Period of service .-(A) Subject to subparagraph (B), 1 member
   from each agency shall initially serve a 1-year term, and the other
   member from the same agency shall serve a 1-year term, and may be
   selected to a renewal of service for 1 additional year; thereafter,
   each new member to serve on the Task Force shall serve for a 2-year
   period with the member's term of service beginning and ending in
   alternate years with the other member from the same agency; the period
   
   
   
   
   of service for the chief of the Task Force shall be 3 years.
   
   
   
   "(B) The chief of the Task Force may at any time request the head of
   an agency described in paragraph (1) to submit a list of 5 prospective
   Task Force members to replace a member of the Task Force, for the
   purpose of maintaining a Task Force membership that will be able to
   meet the demands of its caseload.
   
   
   
   "(c) Support .-
   
   
   
   "(1) In general .-The Administrator of the General Services
   Administration, in coordination with the heads of the agencies
   described in subsection (b)(1), shall provide the Task Force office
   space and administrative and support services, such office space to be
   in close proximity to the office of the Center, so as to enable the
   Task Force to coordinate its activities with that of the Center on a
   day-to-day basis.
   
   
   
   "(2) Legal guidance .-The Attorney General shall assign an attorney to
   provide legal guidance, as needed, to members of the Task Force.
   
   
   
   "(d) Purpose .-
   
   
   
   "(1) In general .-The purpose of the Task Force shall be to make
   available the combined resources and expertise of the agencies
   described in paragraph (1) to assist State and local governments in
   the most difficult missing and exploited child cases nationwide, as
   identified by the chief of the Task Force from time to time, in
   consultation with the Center, and as many additional cases as
   resources permit, including the provision of assistance to State and
   local investigators on location in the field.
   
   
   
   "(2) Technical assistance .-The role of the Task Force in any
   investigation shall be to provide advice and technical assistance and
   to make available the resources of the agencies described in
   subsection (b)(1); the Task Force shall not take a leadership role in
   any such investigation.
   
   
   
   "(e) Cross-Designation of Task Force Members .-The Attorney General
   may cross-designate the members of the Task Force with jurisdiction to
   enforce Federal law related to child abduction to the extent necessary
   to accomplish the purposes of this section.".

