To provide for the nationwide tracking of convicted violent offenders,
and for other purposes.
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 “Nikol De Riso Violent Offender Tracker and Identification Act”.
SECTION 2. OFFENDER REGISTRATION
(a) Establishment of a database shall exist within the FBI. Subsection A of title VVII of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) shall be amended by adding:
(a) “Definitions – for this section –
‘FBI’ – Federal Bureau of Investigation;
‘criminal violent offense’, ‘battery’, ‘domestic violence’, ‘child abuse’, ‘restraining order’, ‘animal abuse’, ‘animal cruelty’, and ‘stalking’ have the same meanings ‘violent offense’.
(b) Establishment – The Attorney General shall establish a national database at the FBI to track the whereabouts and movement of the following:
- persons convicted of gun related crimes; persons convicted of crimes with aggravated circumstances (e.g. stalking, weapon, etc);
- persons convicted of gun and/or weapon related crimes;
- Persons convicted of domestic violence;
- Persons convicted of manslaughter;
- Persons that are the subject of an order of protection and/or no contact order;
- All persons convicted of a minimal violent crime unless otherwise stated by sentencing judge; and,
- Crimes against animals.
Registration Requirement – Each person described in subsection (b) who
who resides in a state that has not established a minimally sufficient violent crime offender
program shall register current address, fingerprints of that person, and current photograph
of that person with the FBI for inclusion in the database established under subsection (b) for
the time period specified under subsection (d).
(d)Length of Registration – A person described in subsection (b) who is required
to register under subsection (c) shall, except during ensuing periods of incarceration, continue to comply with this section –
for 25 years on the date from the date the person was released from prison, parole, completed supervised release, or probation; or
for the life of the person if that person meets the following criterion:
(a) has two (2) or more convictions of a violent offense;
(b) original offense results in their victim having life long injuries;
original offense is manslaughter;
(d) original offense involves a weapon;
(e) original offense involves aggravated circumstances (e.g. stalking, weapon, etc)
(f) has been determined to be a violent predator
(g) has a violation of an order of protection and/or order of protection
(h) has been deemed a habitual offender for animal cruelty
(3) For the length of the person has an active order of protection and/or no contact against them
Persons convicted of violent offenses. In the case of a person required to register under the subsection (c), the FBI shall, during the time period in which the person is required to register under subsection (d), verify the person’s address in accordance with guidelines that shall be promulgated by the Attorney General. Such guidelines shall ensure that address verification is accomplished with respect to these individuals and shall require the submission of fingerprints and photographs of the individual.
Applicability. Persons described in subsection (d)(2) must verify the registration every 90 days after the date of the initial release or commencement of parole of that person.
(f) Community Notification.
In general. Subject to paragraph (2), the FBI and subsequent State and/or local law enforcement may release relevant information concerning a person required to register under subsection (c) that is necessary to protect the public.
Identity of the Victim(s). In no case shall the FBI release the identity of any of the victim(s) of an offense that requires registration by the offender with the FBI.
(g) Notification of Change in Residence.
Establishment of new resident. For the purpose of this section, a person shall be deemed to have established a new residence during any period in which that person resides for not less than ten (10) days.
Persons requiring to register with the FBI. Each establishment of a new residence, including the initial establishment of a new resident, including the initial establishment of a resident immediately following a release from prison, placement on parole, supervised release, or probation, by a person required to register under subsection (c) shall be reported to the FBI no later than ten (10) day after the person establishes a new residence.
Individual registration requirement. A person required to register under subsection (c) who changes addresses to a State other than the State in which the person resided at the time of the immediately preceding registration shall, no later than ten (10) days after that person establishes a new residence, register a current address, fingerprints, and photograph of that person, for inclusion in the appropriate database, with the following:(a) the FBI; and,(b) the State in which the new residence is established.
State Registration Requirement. Any time any State agency in a State with a registration program is notified of a change of address by a person required to register under such program within or outside such State, the State shall notify the following:(a) the law enforcement official of the jurisdiction to which, and the jurisdiction from which the person has relocated; and(b) the FBI.</li>
Verification.(a) Notification of local law enforcement officials. The FBI shall ensure that State and local law enforcement officials of the jurisdiction from which, and State and local law enforcement to which, a person required to register under subsection (c) are notified of the new residence of such person.(b) Notification of FBI. A State agency receiving notification under this subsection shall notify the FBI of the new residence of the offender.(c) Verification. State Agencies. If a State agency cannot verify or locate a person required to register, the State shall immediately notify the FBI.(ii)
FBI – if the FBI cannot verify the address of or locate a person required to register under subsection (c) or if the FBI receives notification from a State under clause (I), the FBI shall commence the following:
classify the person as being in violation of the registration requirements of the national database; and add the name of the person to the National Crime Information Center Wanted Person File and create a wanted persons record: provided, that an arrest warrant which meets the requirement for entry into the file is issued in connection with the violation.
FBI registration. For each person required to register under subsection (c), fingerprints shall be obtained and verified by the FBI or a local law enforcement official pursuant to regulations issued by the Attorney General.
State Regulations systems. In a state that has an existing violent offender registry program, fingerprints required to be registered with the FBI under this section shall be obtained and verified in accordance with State requirements. The State agency responsible for registration shall ensure that fingerprints and all other information required to be registered with the FBI.(I) Penalty. A person required to register under paragraph (1), (2), or (3) of subsection (g) who knowingly fails to comply with this section shall be subjected to the following:(1) in the case of the first offense –(A) if the person has been convicted of one (1) offense described in subsection (b), be fined not more than $100,000; or(B) if the person has been convicted of more than one (1) offense described in subsection (b), be imprisoned up to one (1) year and fined not more than $100,000; or( C) in the case of a second or subsequent offense, be imprisoned for up to ten (10) years and be fined nor more than $100,000.
(j) Release of Information.
The information collected by the FBI under this section shall be disclosed by the FBI to Federal, State, and local criminal justice agencies for(A) law enforcement purposes; and(B) community notification to Federal, State, and local government agencies responsible for conducting-related employment-related background checks under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a)
A public access website with listings of each person on the registry.
(k) Notification of Release.
Any State not having an established Violent Offender Registry Program must do the following:
upon release from prison, placement on parole, supervised release, or probation, notify offender who is convicted of offense of their duty to register with the FBI; and, notify the FBI of the release of each offender who is convicted of an offense.
Firearms. No person on the registry shall have access to firearms.(1)Sales. All sales of a firearm shall be completed after searching the database. The person selling the firearm shall attest him or her searched the database and person did not exist.(2)If firearm is sold and/or given to person on registry, they shall be subjected to the following:
(a) if an injury and/or death occurs as a result of the firearm, the person who sold the firearm shall be held as an accessory to the crime;
(b) if no injury and/or death occurred, and the person has been convicted of one (1) offense, they shall be fined no more than $100,000, and imprisoned a minimum mandatory of five (5) years per firearm; or
(c) if no injury and/or death occurred, and in the case of second or subsequent offense, be imprisoned a minimum of ten (10) years per firearm, and fined up to $100,000.
SEC. 3 DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101 (b) (6) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071 (b) (6)) is amended to read as follows:
Length of Registration. A person required to register under subsection (a) (l) shall continue to comply with this section, except during ensuing periods of incarceration, until -(a) Ten (10) years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or,(b) for the life of that person if that person -(i) has 1 or more prior conviction for an offense
(ii)has been convicted of an aggravated offense
SEC. 4 STATE BOARDS
Section 170101 (a) (2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14701 (a) (2)) is amended by inserting before the period at the end the following: the “ , victim rights advocates, and representatives from law enforcement agencies.”
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by adding at the end the following new subsection:
(g) Fingerprints. Each requirements to register under this section shall be deemed to also require the submission of a set of fingerprints of the person required to register, obtained in accordance with regulations prescribed by the Attorney General under section 170102 (h).
SEC. 6 VERIFICATION.
Section 170101 (b) (3) (A) (iii) of the Violent Crime Control and Law Enforcement of 1994 (42 U.S.C. 14071 (b) (3) (A) (iii)) is amended by adding at the end the following: “the person shall include with the verification form, fingerprints and photograph of that person.”
SEC. 7. REGISTRATION INFORMATION.
Section 170101 (b) (2) of the Violent Crime Control and Law Enforcement of 1994 (42 U.S.C. (b) (2)) is amended to read as follows:
Transfer of information to State and FBI. The officer, or in the case of a person placed on probation, the court, shall, within three (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 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 all information described in paragraph (1) to the Federal Bureau of Investigation for the inclusion in the FBI database described in section 170102.”
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees of State and Federal law enforcement agencies, and State and Federal officials shall be immune from liability for good faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than one (1) year after the date of enactment of this Act, the Attorney General shall issue regulations to carry out this Act and the amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General. This Act and the amendments made by this Act shall become effective one (1) year after the date of enactment of this Act.
(b) Compliance by States. Each State shall implement the amendments made by sections 3,4,5,6, and 7 of this Act not later than three (3) years after the date of enactment of this Act, except that the Attorney General may grant an additional two (2) years to a State that is making good faith efforts to implement such amendments.
c)Ineligibility for Funds.
A State that fails to implement the program as described in sections 3,4, 5, 6 and 7 of this Act shall not receive 25 percent of the funds that would otherwise allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756). Any funds that are not allocated for failure to comply with sections 3,4,5,6, or 7 of this Act shall be reallocated that comply with these sections.
SEC. 11 SEVERABILITY.
If any provisions of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
Sidebar as of 11/28/2017: After discussion with two D.C. attorneys, I am considering revising for the third time to include convicted offenders must provide current driver’s license and/or government issued I.D. number, vehicle license plate and registration number, DNA, and fingerprints. This information will not be available to the general public. However, will be available to law enforcement in the NCIC database for use in any further criminal activity and/or investigation(s). My reasoning for such is currently in the Tampa area there is a serial killer on the loose. A person doesn’t just wake up one day and become a serial killer. They work their way up to this level of violence. It is most likely this person has been convicted previously of an act of violence. If there was an existing National Violent Offender Registry in place, the local law enforcement would be able to cross check any violent offenders in the area that match the description of the person of interest. This could help immensely in the search for the killer and make the streets a lot safer for the neighborhood. It is a wonderful tool for law enforcement and the general public.