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Senate Approves the Adam Walsh Child Protection and Safety Act

On July 20, the Senate approved, by voice vote, H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. The bill includes provisions intended to protect children from sexual predators, increases fines for offenses against court personnel, and sets federal penalties for gang-related crimes. The House approved the bill on March 8 (see The Source, 3/10/06).

H.R. 4472 establishes three levels concerning a sex offender’s risk of committing another offense: a tier I sex offender has committed an offense punishable by imprisonment for one year or less; a tier II sex offender has committed an offense punishable by imprisonment for more than one year or committed the offense as a tier I offender; and a tier III sex offender has committed an offense against a minor or committed the offense as a tier II offender. The measure will require a sex offender to register in each jurisdiction where he or she lives, works, or attends school before being released from prison or within three days after sentencing that does not include a term of imprisonment. Registration will be updated regularly for the offender’s entire life in the case of a tier III sex offender, for 30 years in the case of a tier II sex offender, and for 20 years in the case of a tier I sex offender.

The measure establishes a National Sex Offender Registry and requires the Department of Justice to maintain a website at the Federal Bureau of Investigation that will allow the public to access the registry. Each time a sex offender registers or updates his or her registry, an official in the jurisdiction where the registration occurred will be required to notify local law enforcement and social service organizations, as well as agencies responsible for conducting background checks.

H.R. 4472 also establishes a Sex Offender Management Assistance program to assist jurisdictions with the costs of maintaining local registries. Jurisdictions found to be in noncompliance with the bill’s requirements after two years could lose 10 percent of their allotted funding under the Edward Byrne Memorial Justice Assistance Grants Program. The measure authorizes a demonstration project on the use of electronic monitoring devices in sex offender management programs. Finally, an Office on Sexual Violence and Crimes Against Children will be established within the Department of Justice.

Included within the bill, the Jetseta Gage Assured Punishment for Violent Crimes Against Children Act increases 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, and 20 years to life if the crime results in bodily injury. The bill sets specific penalties for crimes related to child prostitution, sexual abuse, and the trafficking of children.

The legislation establishes a civil commitment program. The program will allow the Attorney General to make grants to local jurisdictions for the purposes of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons.

The Child Pornography Prevention Act also is included in H.R. 4472 and will require anyone who produces a book, magazine, periodical, film, or videotape showing “simulated sexually explicit conduct” in which at least one person appears to be 25 years old or younger to keep detailed records on the performers. In addition, the bill requires that any child pornography used in court cases be held solely in the custody of the government or the court, and would prohibit its reproduction.

The bill authorizes grant money for various organizations, including the Rape, Abuse and Incest National Network, an expansion of the Big Brothers, Big Sisters mentoring program, the National Police Athletic League Youth Enrichment program, programs to treat juvenile sex offenders, and crime prevention programs.

Speaking in support of the legislation, Sen. Maria Cantwell (D-WA) said, “There is no worse crime than a crime against a child, and one crime against a child is too many…We must keep our communities safe, and I know that is why the Senate is going to act on this legislation tonight. The Adam Walsh Protection and Safety Act creates this registry on a national level that is so long overdue. It provides strong, practical tools for law enforcement. The new registry will expand the scope and duration of sex offender registration and notification requirements. It will keep track of all sex offender information — addresses, employment, vehicle, and other related information. And, as my colleague from North Dakota [Sen. Byron Dorgan] talked about, with his hard work, it also has a national sex offender Web site registry, the new Dru Sjodin National Sex Offender Web site, so that every American can stay informed.”

Sen. Orrin Hatch (R-UT) said, “I want to thank John Walsh, host of America’s Most Wanted, and his wife, Reve — who have waited nearly 25 years for this day. Next Thursday, July 27, 2006, marks 25 years since the abduction and subsequent murder of their son Adam — for whom this bill is named. And on that 25th anniversary the President will sign into law legislation that will help law enforcement do what John has been doing all along — hunt down predators and criminals. I want to thank the National Center for Missing and Exploited Children for their tireless work and for their assistance with crafting this legislation. This is smart legislation and I am very proud of the Adam Walsh Act. I am determined that Congress will play its part in protecting the children of my home state of Utah and America. I have never been more excited to see a bill signed into law.”