On July 27, the House Judiciary Committee approved, 22-4, a legislative package (H.R. 3132) that would include a number of proposals aimed at protecting children from sexual predators. The Subcommittee on Crime, Terrorism, and Homeland Security held hearings in June on some of the initiatives contained in the Children’s Safety Act (see The Source, 6/10/05).
In his opening remarks, bill sponsor and Chair James Sensenbrenner (R-WI) said that the bill “addresses the growing epidemic of violence against children” by addressing “loopholes in current sex offender notification requirements so parents and the public can be armed with knowledge of any sex offenders lurking in their community.” Addressing the magnitude of the problem, he detailed crime statistics concerning children: one in five girls and one in ten boys are likely to be sexually exploited; less than 35 percent of sexual assaults are reported to authorities; 67 percent of all sexual assault victims are under the age of 18, and one in seven are under the age of six.
Ranking Member John Conyers (D-MI) praised portions of the bill aimed at investing in preventive measures that get at the root of crimes against children, but expressed his reservations about the overall measure: “It creates about 36 new mandatory minimum penalties…My appeal is to move past the emotional side of this issue and let’s work to come up with solutions to prevent these tragedies in the future.”
H.R. 3132 would incorporate the Sex Offender Registration and Notification Act (H.R. 2423), which is sponsored by Rep. Mark Foley (R-FL). The bill would require a sex offender to register in each jurisdiction where he or she lives, works, or attends school. Registration would be updated regularly for the offender’s entire life in the case of a sex offense against a minor or a serious sex offense, and for 20 years in any other case. The measure would establish a National Sex Offender Registry and would require the Department of Justice to maintain a website that would allow the public to access the registry. The bill also would establish a Sex Offender Management Assistance program to assist jurisdictions with the costs of maintaining local registries. Jurisdictions found to be in noncompliance with bill’s requirements after two years could lose 10 percent of their allotted funding under the Edward Byrne Memorial Justice Assistance Grants Program. Finally, the measure would authorize a demonstration project on the use of electronic monitoring devices in sex offender management programs.
Three bills sponsored by Rep. Mark Green (R-WI) also would be included in H.R. 3132. The DNA Fingerprinting Act (H.R. 2796) would expand the use of DNA testing to identify and prosecute sex offenders. The bill also would require the attorney general to publish a model code setting forth procedures for law enforcement personnel investigating a missing person or homicide. The procedures would include the use of DNA analysis to help locate missing persons and to identify human remains.
The Prevention and Deterrence of Crimes Against Children Act (H.R. 2388) would increase penalties for individuals who commit crimes against children, including death or life in prison if the crime results in death, 30 years to life for kidnapping or aggravated sexual abuse, 20 years to life if the crime results in bodily injury, 15 years to life if a dangerous weapon was used in the crime, and 10 years to life for any other crime involving a minor. In addition, the bill would set forth a specific timeline for courts to review cases involving violent crimes against children.
The Protection Against Sexual Exploitation of Children Act (H.R. 2318) would increase penalties for individuals convicted of sexual abuse and exploitation of children. The measure also would increase penalties for child pornography and the use of misleading domain names that lure children to harmful material on the Internet.
Finally, H.R. 3132 would incorporate the Foster Child Protection and Child Sexual Predator Sentencing Act (H.R. 3129). Sponsored by House Majority Leader Tom DeLay (R-TX), the measure would require background checks of respective foster and adoptive parents before child placement. In addition, the bill would increase penalties for coercion and enticement by sex offenders, child prostitution, kidnapping, and sex trafficking of children.
During consideration of the bill, the committee approved the following amendments by voice vote:
The committee rejected the following amendments:
Democrats offered the following amendments, but withdrew them without consideration:
On July 28, the Senate approved, by unanimous consent, a bill (S. 792) to establish a National Sex Offender Registry.
Sponsored by Sen. Byron Dorgan (D-ND), the Dru Sjodin National Sex Offender Public Database Act would require the attorney general to make the national and state sex offender registries available to the public via the Internet. The bill also would require states to intensively monitor, for no less than one year, any sexually violent predator or individuals deemed to be at high risk of recommitting a criminal offense against a minor.
Sen. Dorgan explained that the bill is named for Dru Sjodin who was murdered in Grand Forks, North Dakota. Her alleged murderer had recently been released from prison after serving 23 years for a sexual offense. “Violent sexual predators judged to be at high risk for committing another violent sexual act are let out of prison with a wave,” he stated, adding, “As a result, this young woman…was tragically murdered. This is the man who spent 23 years behind bars. The psychiatrists said before he was released that he was a high risk for committing another violent sexual act. Within 6 months, he is now accused of murdering this young woman.” Sen. Dorgan said that being prone to committing a sexual offense “is not some mysterious illness for which we don’t know the cure. We know what causes it and we know how to stop it. Again, if Martha Stewart has to wear an electronic ankle bracelet ordered by a judge, then surely violent sexual predators, when and if released, can be highly monitored by local governments. Surely we ought to decide that if violent sexual predators are a high risk for reoffending, then the local State’s attorney ought to be notified in case they want to seek a civil commitment to protect the public at large…No more ‘so long, see you at the prison door,’ for a violent sexual predator.”
